Probate Questions & Answers by State
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Probate Questions & Answers
Q: What type of lawyer would I need
Richard Samuel Price's answer
Best to speak with a criminal attorney to find out the procedure to get your money back without incurring any criminal liability.
Best to speak with a criminal attorney to find out the procedure to get your money back without incurring any criminal liability.
Q: Thank you for your response . The estate does not have the cash and neither does my sister and i to pay the probate.
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
California
on
Answered on Apr 24, 2016
Answered on Apr 24, 2016
Richard Samuel Price's answer
It's the estate that owes the costs of probate. It's possible to get a loan against the home to pay for the probate action and any other creditors of the estate. Otherwise, you'll have to sell assets to pay for the probate costs and any other creditors of the estate. You'll want to get this started sooner rather than later.
It's the estate that owes the costs of probate. It's possible to get a loan against the home to pay for the probate action and any other creditors of the estate. Otherwise, you'll have to sell assets to pay for the probate costs and any other creditors of the estate. You'll want to get this started sooner rather than later.
Q: My mom died 4-9-2016. She left a will stating that all is to be divided equally between my sister and i.
1 Answer
| Asked
in
Estate Planning, Probate and Real Estate Law
for
California
on
Answered on Apr 23, 2016
Answered on Apr 23, 2016
Richard Samuel Price's answer
I'm sorry to hear of your loss. If the home was in your mother's name, then the only way to pass the property is through a probate action. If the only asset is the $700,000 townhouse, then the attorney's fees are set by statute at $17,000 and add on another $1,500 to $2,000 for court costs, publication, appraiser, etc. These fees are paid out of the estate, or if the estate doesn't have any cash, then the heirs can pay the fees.
I'm sorry to hear of your loss. If the home was in your mother's name, then the only way to pass the property is through a probate action. If the only asset is the $700,000 townhouse, then the attorney's fees are set by statute at $17,000 and add on another $1,500 to $2,000 for court costs, publication, appraiser, etc. These fees are paid out of the estate, or if the estate doesn't have any cash, then the heirs can pay the fees.
Q: My mom died 4-9-2016. She left a will stating that all is to be divided equally between my sister and i.
Richard Samuel Price's answer
I'm sorry to hear of your loss. If the home was in your mother's name, then the only way to pass the property is through a probate action. If the only asset is the $700,000 townhouse, then the attorney's fees are set by statute at $17,000 and add on another $1,500 to $2,000 for court costs, publication, appraiser, etc. These fees are paid out of the estate, or if the estate doesn't have any cash, then the heirs can pay the fees.
I'm sorry to hear of your loss. If the home was in your mother's name, then the only way to pass the property is through a probate action. If the only asset is the $700,000 townhouse, then the attorney's fees are set by statute at $17,000 and add on another $1,500 to $2,000 for court costs, publication, appraiser, etc. These fees are paid out of the estate, or if the estate doesn't have any cash, then the heirs can pay the fees.
Q: My mom intended to leave me her house and started the paper but was not noterized. Can I still get the house. No estate
Richard Samuel Price's answer
If your mother has passed away while owning a house, then the only way to transfer the house is some kind of probate action. Contact an attorney to assist you with this matter.
If your mother has passed away while owning a house, then the only way to transfer the house is some kind of probate action. Contact an attorney to assist you with this matter.
Q: my dad just passed his body is still at hospital,i am the only child,my aunt sats she has a will and power of attn.
1 Answer
| Asked
in
Estate Planning, Probate and Real Estate Law
for
Oregon
on
Answered on Apr 21, 2016
Answered on Apr 21, 2016
Mr. Michael O. Stevens' answer
Then find an attorney to start the process. Your aunt would not longer have power of attorney, but she might mean she is the adminstrex of the estate.
Then find an attorney to start the process. Your aunt would not longer have power of attorney, but she might mean she is the adminstrex of the estate.
Q: After my father passed away he received the last check from his mother's estate (my grandmother)
Tristan Kenyon Schultz's answer
I cannot comment on Indiana law, but I can comment on Colorado law. The estate rules for this matter should be very similar between states. In Colorado, the check from the grandmother's estate should be deposited in the father's estate (esp. if the estate is still in probate). Then the check should be paid out per will/instate rules ALONG with all other property from the father's estate as the estate is closed. DO NOT distribute the check early. If you or your sister need the money or the...
I cannot comment on Indiana law, but I can comment on Colorado law. The estate rules for this matter should be very similar between states. In Colorado, the check from the grandmother's estate should be deposited in the father's estate (esp. if the estate is still in probate). Then the check should be paid out per will/instate rules ALONG with all other property from the father's estate as the estate is closed. DO NOT distribute the check early. If you or your sister need the money or the...
Q: Q: Are my siblings entitled to receive a portion of money if my father has cashed a life insurance after my mother death
Richard Samuel Price's answer
It sounds like your father was the beneficiary of the life insurance proceeds and as such, no one else is entitled to a portion of those proceeds. Who takes care of the children is irrelevant.
It sounds like your father was the beneficiary of the life insurance proceeds and as such, no one else is entitled to a portion of those proceeds. Who takes care of the children is irrelevant.
Q: "apparently" there is no will left by my mom. she WAS living in dallas texas, but was then diagnosed w/ leukemia. :(
Richard Samuel Price's answer
The probate of your mother's estate must be where she lived when she died, which from your description would be Oklahoma.
The probate of your mother's estate must be where she lived when she died, which from your description would be Oklahoma.
Q: How do i find out if I was left on the will that my great-grandmother left. I have little communication with them.
Richard Samuel Price's answer
If you are a beneficiary of the will, then you are entitled to a copy of it. Search the probate court records in the county where your great-grandmother lived to see if a probate action has been opened.
If you are a beneficiary of the will, then you are entitled to a copy of it. Search the probate court records in the county where your great-grandmother lived to see if a probate action has been opened.
Q: My father died in with a trust in place. I found a $10,000 savings account not in the trust and no beneficiary
Jonathan Craig Reed's answer
If $10,000 is the only amount that is outside the trust, Google Probate Court, Clark County Nevada, and you will find a page with forms including an Affidavit of Entitlement (that should be good in any Nevada County) which you can use.
If $10,000 is the only amount that is outside the trust, Google Probate Court, Clark County Nevada, and you will find a page with forms including an Affidavit of Entitlement (that should be good in any Nevada County) which you can use.
Q: For an estate in probate, do all household items need to be included on an asset list or only items over a certain value
Jonathan Craig Reed's answer
As a Nevada lawyer I cannot speak to the practice in New York. In Nevada I rarely inventory household items because in the average case they really don't have much value over the cost of selling them. In Nevada the three siblings could sign paperwork to the effect that the household items are of no value or have a specified value and the three siblings are agreed among themselves how to divide up the household items.
As a Nevada lawyer I cannot speak to the practice in New York. In Nevada I rarely inventory household items because in the average case they really don't have much value over the cost of selling them. In Nevada the three siblings could sign paperwork to the effect that the household items are of no value or have a specified value and the three siblings are agreed among themselves how to divide up the household items.
Q: Where will should be probated?
Jonathan Craig Reed's answer
I don't know all the facts but this may be helpful. Real estate must always be probated in the state where it exists. Other property must be probated in the state where the Decedent was a resident when he died. This means that sometimes there has to be a probate in more than one state. If a will was filed in a different state than the state where a probate needs to take place, then you order a certified copy of the will from the state court where it was filed and the state where the next...
I don't know all the facts but this may be helpful. Real estate must always be probated in the state where it exists. Other property must be probated in the state where the Decedent was a resident when he died. This means that sometimes there has to be a probate in more than one state. If a will was filed in a different state than the state where a probate needs to take place, then you order a certified copy of the will from the state court where it was filed and the state where the next...
Q: Hello, I'm in Reno Nevada
Jonathan Craig Reed's answer
Courts generally are not interested in what wishes a person expressed. However if your mother died unmarried under the laws of intestate succession her property including her home would go to her children in a probate proceeding. If you wish to start a probate proceeding and your step father won't vacate the property you will want to hire local Reno counsel who can do both probate for you and get a court order to evict your step-father. Of course, you may be able to work out something with your...
Courts generally are not interested in what wishes a person expressed. However if your mother died unmarried under the laws of intestate succession her property including her home would go to her children in a probate proceeding. If you wish to start a probate proceeding and your step father won't vacate the property you will want to hire local Reno counsel who can do both probate for you and get a court order to evict your step-father. Of course, you may be able to work out something with your...
Q: I live in Az and after probate I have two real properties to put in my name. What does this entail and what is the cost?
Jonathan Craig Reed's answer
I don't know what you mean by "after probate." If you mean what will it cost to probate two real properties in Nevada the answer is that the cost and complexity of the probate depends on the value of the properties and if it is uncontested or contested. It is really impossible to say what it will cost to do a probate that is contested. For uncontested probates I publish my discount fee schedule on my website www.probatenevada.net. But you would have to call me to discuss the facts of your case...
I don't know what you mean by "after probate." If you mean what will it cost to probate two real properties in Nevada the answer is that the cost and complexity of the probate depends on the value of the properties and if it is uncontested or contested. It is really impossible to say what it will cost to do a probate that is contested. For uncontested probates I publish my discount fee schedule on my website www.probatenevada.net. But you would have to call me to discuss the facts of your case...
Q: I need to subpoena a hospital worker to help testify in court. How do I go about doing that? Thanks
Richard Samuel Price's answer
Here is a good explanation of the procedure of getting a subpoena (ignore that it discusses small claims): http://www.courts.ca.gov/11162.htm
And here are the forms that you would need to get a subpoena, depending on what type of subpoena you need: http://www.courts.ca.gov/forms.htm?filter=SUB
However, if you are trying to prove the validity of a will, you would want to know the elements of a will and how this witness would be able to help you prove those elements. Competence...
Here is a good explanation of the procedure of getting a subpoena (ignore that it discusses small claims): http://www.courts.ca.gov/11162.htm
And here are the forms that you would need to get a subpoena, depending on what type of subpoena you need: http://www.courts.ca.gov/forms.htm?filter=SUB
However, if you are trying to prove the validity of a will, you would want to know the elements of a will and how this witness would be able to help you prove those elements. Competence...
Q: How can I subpoena a hospital worker to court? Its regarding a contested will matter.
Richard Samuel Price's answer
You may be able to do it with a declaration or you may have to have the court issue a subpoena. It depends on your evidentiary hearing.
You may be able to do it with a declaration or you may have to have the court issue a subpoena. It depends on your evidentiary hearing.
Q: Probate. If property first transfers to the estate will this effect a parent to child transfer
Richard Samuel Price's answer
I'm not clear on your question, but I'll try to explain how probate works. When a person dies without a will, all of their property must be gathered and inventoried. A probate action is started to administer the estate. The administrator sends out notices to ascertain any creditors of the estate. Simultaneously, the administrator will ascertain the beneficiaries of the estate. The debts are paid and then the remaining assets are distributed to the heirs of the estate.
If the person...
I'm not clear on your question, but I'll try to explain how probate works. When a person dies without a will, all of their property must be gathered and inventoried. A probate action is started to administer the estate. The administrator sends out notices to ascertain any creditors of the estate. Simultaneously, the administrator will ascertain the beneficiaries of the estate. The debts are paid and then the remaining assets are distributed to the heirs of the estate.
If the person...
Q: stepmom is giving away our deceased father's possessions without giving us the option to have them?How do we stop it?
Richard Samuel Price's answer
The first thing that you do is ask her. If she won't give you property that she is donating to charity, then you can file a petition with the probate court to challenge her actions.
The first thing that you do is ask her. If she won't give you property that she is donating to charity, then you can file a petition with the probate court to challenge her actions.
Q: In the state of CA if the resident dies without a will & was married in China, but not in the USA, does bro receive 1st?
Richard Samuel Price's answer
In California, the surviving spouse receives all of the community property, and a portion of the separate property depending upon the decedent's children. If the marriage was valid in China, then the marriage would be recognized and valid in California.
In California, the surviving spouse receives all of the community property, and a portion of the separate property depending upon the decedent's children. If the marriage was valid in China, then the marriage would be recognized and valid in California.
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