At my first hearing in Probate, the judge began letting me answer this question orally, (Objections to the P.claims)but he stopped me, and told me instead, to write my objections, serve them to petitioner, file them in court, and meet again, in 60 days. The Petitioners then , had me served with... Read more »
answered on Mar 4, 2023
First, it's important to understand that probate court proceedings can be complicated and challenging, especially for individuals who are representing themselves. It's also important to understand that each jurisdiction may have its own rules and procedures for probate court, so it's... Read more »
Should my lawyer be fighting the caveat since the family member filing has not been seen or a part of our family for 30 years? They are claiming they have proof that my moms will was done under duress which is false. Can they continue to geting the caveat delayed or postpone until all the heirs... Read more »
answered on Mar 3, 2023
Most wills are upheld against caveats. I'm sure they claim a lot of stuff in their caveat. I always do. A caveat will lead to a trial if the issue is not settled before. No reason this should take longer than a year or so and may be handed much faster. Deciding whether the issue is worth... Read more »
Now I have come to one IRA Annuity claim in the amount close to $300,000 which is requiring the executor to be the one to obtain through this particular insurance company. Along with this, I know of another possible insurance claim and securities that may also require the same with the executor.... Read more »
answered on Mar 3, 2023
Hire a competent MO attorney to reopen the Estate with you as administrator cta, the original executor, or even appoint another attorney to serve. Annuities rarely go to the Estate but usually to designated beneficiaries. MO probably does not have jurisdiction over the annuities, so hope that... Read more »
My father-in-law passed away and my husband and his brother and sister don't get along with their stepmother. We received a waiver of notice from our local Ohio probate court listing the stepmother as administrix of my father-in-law's estate since he passed without a will. They don't... Read more »
answered on Mar 2, 2023
If you don't sign the waiver of notice, then the applicant must send you formal service of process to notify you of the application to administer the estate. You will get a hearing date and have the opportunity to voice your concerns to the judge.
All in all, it sounds like you may... Read more »
If my mother left her car to a me in her will, should the balance remaining on the note be paid by the estate with any other debts or is it my responsibility? My mother died 18 months ago and the executor, appointed 6 months ago, has had the vehicle since her death. I was told 3 days ago that the... Read more »
answered on Mar 2, 2023
The responsibility for paying the remaining debt on a vehicle in a probate matter depends on the specific terms of the will, the laws of the state where the deceased lived, and the specific circumstances of the case.
In general, if the deceased left a will that specifically bequeathed the... Read more »
Court filed settlement says she agrees to sell the home estate and distribute according to settlement and “will” but no progress has happened. Her daughter currently lives in the home.
answered on Mar 2, 2023
If your sibling has failed to comply with the terms of the family settlement agreement, you may have legal recourse to enforce the agreement and compel distribution of the assets.
One option is to file a lawsuit in court to enforce the settlement agreement. You may want to consult with an... Read more »
My mother had no estate or no named executor. The check was made out to my mother's estate in the care of myself. Would it have to go through probate or an estate needs to be established?
answered on Mar 2, 2023
If the check is made out to your mother's estate in your care, you will likely need to go through the probate process or establish an estate to cash the check. This is because the check is considered an asset of the estate, and someone must be legally authorized to act on behalf of the estate... Read more »
Grounds for will contest is undue influence. I also included the case number for Department of Children and Families / Adult Protective Services Investigation Findings of Financial Exploitation against the same person that filed the fraudulent will in court. I also included supporting documents... Read more »
answered on Mar 2, 2023
It appears that you will have to hire a FL attorney. You will not be able to proceed pro se and accomplish anything. Voluntary Dismissal may be in order, and intervention in the Probate may be a better option.
My mother passed away befkfe my grandpa did. He also passed. Who becomes beneficiary and who is entitled to see the will
answered on Mar 2, 2023
Usually the heirs and next of kin of the deceased will beneficiary take in his place. If no will was probated, it has no effect. There the Heirs of Grandfather take.
answered on Mar 2, 2023
You need to discuss your situation with a lawyer. There are way too many unanswered questions. Is the home free & clear? Are there other heirs? Will the two heirs share it equally and get along in it? Do you want them to have the house or the proceeds from the house?
The short, and... Read more »
I am seeking information on how to handle a probate concerning an estate, wills for my family. This involves a brother who passed on 2/5/2023 leaving without a will, a partner of 20 years and two sisters.
All will need wills and one a will update.
Sincerely
answered on Mar 2, 2023
Consult with a WA attorney. Determine whether Probate is necessary first, then proceed .
Estate was less than $10,000 cash + personality. Home/property etc was already deeded to us girls.
Lawyer took it thru probate as a Large estate and it has not be closed yet nor been distributed.
Any advice? Thank you
answered on Mar 2, 2023
Usually a Small Estate Affidavit closes without any Court proceeding. Read the Court File closely.
Ok so if my dad dies and he has no written will but my name is on the house and the bank account with his does it have to go through probate for my siblings
answered on Mar 2, 2023
Joint accounts and real estate held jointly in survivorship do not require CT probate.
However, an estate tax return is due 6 months from date of death, but that is a different issue (See Form 706NT (nontaxable estate) and Form 706 (taxable estate).
is there a way to get legally married without having to go before a minister or judge and just sign the paperwork? my anxiety is too high to face people
answered on Mar 2, 2023
I bet if you let the clerks know your issue beforehand, at worst you and your prospective spouse could meet with the judge privately in his chambers. You might need to bring a witness.
i.e. An adult couple have 2 adult children. 1 spouse/parent dies and the other is incapacitated. Who is likely to get POA and conservatorship of parent? The eldest child was already named primary in a medical directive, and also listed on a STATUTORY FORM POWER OF ATTORNEY on mortgage papers for... Read more »
answered on Mar 2, 2023
The designation in poas creates a preference for the designated. The issue still needs to go before a judge if a guardian and or conservator is to be appointed.
Another question is why do you need the courts involvement if you already have poas. See an elder law attorney in Georgia.
Intrastate banishment is the practice of banning someone from smaller geographic area's within a state such as entire towns, counties, and cities. It does not include banning someone from an entire state itself.
This is not a state specific question.
Important: The crimes in... Read more »
answered on Mar 2, 2023
As far as I am aware, there are no states in the US that have specific laws prohibiting the use of intrastate banishment as a punishment for crimes. However, some legal experts argue that the use of intrastate banishment may violate constitutional rights such as the right to travel or due process.... Read more »
answered on Mar 2, 2023
It is best to refrain from using the vehicle until insurance is secured for the estate and for each person who might be driving it. If anyone drives it and causes an accident, that person would be liable to the estate for all harm to the estate.
Of course for a small fee for there time ,.
answered on Mar 1, 2023
Yes! I consult regarding probate matters so feel free to email or call my office.
conservatorship,and a heir to a estate
answered on Mar 1, 2023
A guardian ad litem is a court-appointed representative of a person who is unable to speak for themselves in court. A guardian ad litem is a neutral person (such as an attorney or social worker) who represents children under 18 (minors) or an adult who a physician says lacks sufficient mental... Read more »
My sister had a beneficiary deed on her home in Arizona. The beneficiary is an ex-friend who is also the named executor of her estate. The mortgage was being paid through automatic payments from an account in South Carolina.(where she used to live) I am the beneficiary of that POD account. Because... Read more »
answered on Feb 28, 2023
I would recommend you talk to an attorney in your state as new York law may be different. If it was in Arizona we would recommend submitting a claim as creditor of the estate for the mortgage payment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
