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Category: Wills and Estates » Probate
Is new appraisal required to sell property due to time that has passed since death?

Owner of real property was deceased intestate Sept. 2005 and administrator appointed. Appraisal completed 7 months ago. Is new appraisal required to sell property due to time beyond one year since deceased became deceased?

01/03/2007 | Category » Probate  State » CA  #75
Should my deceased mother's home be listed in the inventory that is sent to the court?

My mother left the house to three grandchildren. Do I include the house in the inventory to send to Court? If two wish to keep the house and one wants to sell, and the one that wants to sell get a court order saying they do not wish to be a cotenant; will the judge order the h...

02/01/2007 | Category » Probate  State » NJ  #904
If I am jointly on a bank account and the other person dies, do I get the money in the bank?

If I am part owner of a checking account, and the other owner expires, am I allowed to withdraw the entire balance, or does the heirs inherit the whole amount?

02/01/2007 | Category » Probate  State » LA  #914
What forms do I need to use as a "disclaimer" to property?

What forms do I need to use as a "disclaimer" to property? My aunt left me her condominium she is deceased) and there is no valid will. The form I am looking for is one to have my sister and my uncle to sign, so that they legal acknowledge to have no interest in the condominium.

02/01/2007 | Category » Probate  State » IL  #1092
What are my duties as executrix of my mother's estate?

My mother named me as executrix of her estate. Can anyone else take care of any duties of her estate?

02/01/2007 | Category » Probate  State » NC  #1094
Can a lien be filed against the home my mother willed me and my siblings?

My mother died and she willed her home to her children. If we keep the home in the family and not sell it, can someone filed a lien or get money for credit cards or other debt she owed?

02/01/2007 | Category » Probate  State » NC  #1114
Simply being a joint account is not enough to exclude the funds from the probate estate -- the ac...

If I am part owner of a checking account, and the other owner expires, am I allowed to withdraw the entire balance, or does the heirs inherit the whole amount?

02/01/2007 | Category » Probate  State » ALL  #1217
What is needed if my mother passed away with no will and no assets?

My mom passed away on 11/9/06. She lived with me. I am the second oldest child. I had medical power of attorney. She has no will. She has no assets (only debt)- No jewelry, no home, no car, only the clothes in her closet. She had a 10k life insurance policy. My husband is the ben...

02/02/2007 | Category » Probate  State » OH  #420
Who gets my parents home since they died with no will?

My father and mother died an did not have a will leaving their home to anyone. I have three adult sisters and one brother. Whom does the house pass to by law?

02/08/2007 | Category » Probate  State » GA  #592
If I am jointly on a checking account and the other party becomes deceased, who gets the money?

If I am part owner of a checking account, and the other owner expires, am I allowed to withdraw the entire balance, or do the heirs inherit the whole amount?

02/14/2007 | Category » Probate  State » ALL  #698
What do you do first after the death of the person you are a personal representative of?

What do you do first after the death of the person you are a personal representative of?

02/15/2007 | Category » Probate  State » IN  #715
Who does money go to that is held in joint bank account when one party becomes deceased?

My Father and his wife lived in Florida. Father's wife had a joint checking account with her elderly mother in Mississippi. This account had approximately $200,000.00. The Mother passed away. Three grandchildren (nieces of my father's wife) filed suit claiming their share of t...

03/01/2007 | Category » Probate  State » MS  #763
What is a waiver of notice to probate of will?

I am not the executor of my father's estate; my sister is. The estate's attorney and my sister want me to sign a waiver of notice of probate of will. Why are they asking this? What is the benefit?

03/26/2007 | Category » Probate  State » OH  #1034
Is it true that if an estate has more than $75,00 in assets it all goes in probate?

I live in Las Vegas, Nevada, and was told that if my husband has more than $75,000.00 in assets, a will is no good, everything goes in probate. There is no house in the state worth less than that amount today. Why is a will no good?

03/26/2007 | Category » Probate  State » NV  #1038
How do I leave my home to someone upon my death and avoid probate?

Regarding a Beneficiary Deed: In trying to avoid probate, upon my death, I want to leave my home to my daughter and granddaughter as co-grantee beneficiaries. Is there such a thing? is this correct wording? "I, my name, grantor, convey to daughter's name and granddaughter's nam...

04/03/2007 | Category » Probate  State » NV  #2553
Is there a way to put the probate of an estate off for one year?

An order that can be requested to keep probate off for 1 year when spouse needs 1 yrs worth of support, to ward off creditors.

04/09/2007 | Category » Probate  State » GA  #2809
Do you mean an executor of a will (estate)? Trusts have trustees, not executors.

Is there a law requiring an executor of a trust to send an itemized cost list of the expence's of the attorney, bills, and the rest of the estate to the living heir's. Also is there a time frame for this information? This is in Utah.

05/09/2007 | Category » Probate  State » UT  #4319
Is property owned but not titled to the deceased still considered part of the estate?

When an estate is in probate they can only request titles and accounts in the deceased name at time of death? He owns a harley but the title has not been in his name for a year or two. Is that protected?

05/13/2007 | Category » Probate  State » WI  #4642
If there were a taxable gain on the sale of the house, the executor will have to file a tax retur...

I am a beneficiary in a will. The family home has been sold and the proceeds have been distributed to four family members. I am being asked to give my social security number to the executor and am not on good terms with that individual. I am aware I will have to file taxes on ...

05/17/2007 | Category » Probate  State » CA  #5104

Section 294 of the Probate Code of Texas provides, “Within one month after receiving...

I have a leased vehicle and my name is the only name on the contract. Cancer may take my life before the contract is completed. Can the finiance company make my spouse, who is not on the contract, pay the remaining balance?

05/20/2007 | Category » Probate  State » TX  #5385
Does a small estate have to go through probate or is there a form that can be filled out?

A husband dies and leaves everything to his wife in his will. They have grown children. All deeded or titled possessions were titled in both husband and wife's names. The real estate was in both names with rights of survivorship. Does the wife have to file any legal forms or g...

05/23/2007 | Category » Probate  State » IA  #5765
What are my Rights as a Beneficiary?

My uncle just passed away and I am named as a beneficiary of his estate along with my brother, sister, and my uncle's sister. My brother & uncle's sister are the executors. What is my right as a beneficiary to find out what's going on in the process of setteling his estate?...

05/25/2007 | Category » Probate  State » OH  #5934
What are the Duties of an Executor?

I am named as executor in the Will of my Father. What will be my duties?

05/27/2007 | Category » Probate  State » ALL  #5984

A short certificate is a document that is certified proof of the appointment of the estate&...

My mother-in-law passed away a month ago..My sister-in-law is the executor of the estate and is trying to sell her mothers car. We have found a buyer and am now being told that my sister-in-law needs a short certificate before she can sell it..Where do we get this, how much does ...

08/21/2007 | Category » Probate  State » PA  #8105
Do I Need To Continue To Pay Rent On A Mobile Home That Is Being Sold

My brother is executor of my dad's estate. I received my dad's bank accounts. My step brother is selling the mobile home that sets on rented property. We are to split the proceeds of that sell. I have been paying the rent since May 2008, do I have to continue paying? What do I ne...

11/23/2008 | Category » Probate  State » WA  #14716
How can I located an attorney to probate a will?

Can you as a Legal firm can help me contact an attorney who will be able to help me probate a will without charging me a fortune? So I can receive an exemption on the property taxes and also need to homestead can not because the property is not probated.

01/02/2009 | Category » Probate  State » TX  #14902
What do I do if my mother passed with no will?

My mother passed away on January 9. She had no will and we had not been able to obtain a Power of Attorney before she passed. She rented her home and other than personal belongings had no assets except for a small bank account and a vehicle that was paid for. Except for medicare ...

01/25/2009 | Category » Probate  State » WA  #15067
As beneficiary of my brother's life insurance would I have to use it to pay off any debts?

I am beneficiary and executor on my brother's will and life insurance policy. Being beneficiary of the life insurance policy, would I have to use it to pay off any outstanding debts of my brothers at his death?

01/27/2009 | Category » Probate  State » SC  #15082
What happens when someone dies with no will?

If there is not a living will, 3 children and a home left, what should we do? There is a second mortgage for $18,000. However, the house is worth $150,000 or more and no beneficiary chosen. Mother, who held the mortgage, is deceased. The heirs are three living children, 2 child...

02/06/2009 | Category » Probate  State » IL  #15168
How do I show that my wife is not the sole owner of the property she inherited?

When my wife and I purchased our Condominium in Cambridge, MA in 1990, my wife's mother assisted us with a loan. A mortgage for the amount was prepared. Each year afterward, she forgave each of us $10,000 in interest and principal. When she died some years ago, my wife, her onl...

02/15/2009 | Category » Probate  State » MA  #15253
Can my mother sign a transfer on death (TOD) form to eliminate probate?

My mom is dying. She survives my Dad. She has some personal assets which are in her name. She has a will that dispenses monies from $1000 to $25000 to various people and leaves the remainder to myself and my brother. The total assets are less than then amount that would trigger e...

02/18/2009 | Category » Probate  State » FL  #15279
What is needed to sell property left to me by my deceased husband?

I have property in Reno, and my husband died leaving it all to me. If I want to sell this what do I have to do. The question is for Nevada. I live in Texas.

02/19/2009 | Category » Probate  State » TX  #15290
What document should I use to prevent probate after my death?

What document should I use to prevent probate after my death? A living trust or a will or something else?

03/04/2009 | Category » Probate  State » MD  #15431
How can I obtain a court certificate or letter of Probate or the equivalent for the annuity company?

My dad had an annuity with my mom as main beneficiary (and co-owner) and listed me (daughter) as contingent. Dad died Feb 2008, and there were no adjustments made to the policy. Mom died Nov 2008. Annuity company needs 'court certificate of the appointment (Letters Probate or equ...

03/04/2009 | Category » Probate  State » AZ  #15434
How do we transfer the home willed to four children to just one of the children?

On my parents will, both of them now deceased, they left the house to the 4 children. I am living there. I am one of the children that took care of my mom before she died. Per each of the other siblings, I am going to stay in the house. I have been paying all the bills. How do or...

03/06/2009 | Category » Probate  State » CO  #15469
What form is needed to release funds to the executor of the estate to pay the bills?

What legal document do I need to file to get the court to release funds to the executor of the estate to pay the bills for my brother's estate if money was assigned to the court in an interpleading for the benefit of the estate?

03/06/2009 | Category » Probate  State » NC  #15472
Can I sale a piece of land that belonged to my deceased parents before probate?

My parents have both passed away. I am Successor-Trustee for their Rev Living Trust. They owned a family farm which has not been distributed as of yet. Can I sell a small piece of acreage to satisfy a debt? What if this piece of land is earmarked for a certain heir if still with...

03/11/2009 | Category » Probate  State » KS  #15557
How do I get my son's personal property if he lived with his girlfriend upon passing?

My son shared a house with his girlfriend. The house is in her name. He passed away on 3/6/09 from cancer. We want his personal items and the girl friend does not want to part with them. Do we have to go to court or is there a form to fill out then take a marshal with me and get ...

03/25/2009 | Category » Probate  State » CA  #15754
How do I put my home in just my name since my husband is deceased?

My husband passed away over 2 years ago. I would like to have our house deed in my name only, the house is paid for. Is this something I can do through Legal Zoom?

03/25/2009 | Category » Probate  State » PA  #15757
How do you probate a small estate with little value for the sale of property?

I need to do an Heirship. My friend's mother passed away and he is the only heir. She has a will leaving everything to him. All she had was a very inexpensive piece of property. A neighbor of the property purchased the property from my friend. He now wants to transfer the propert...

03/28/2009 | Category » Probate  State » MS  #15801
What is needed to notify the mortgage company that my father is deceased?

Besides A Certified Death Certificate, what forms do I need to record to put the Mortgage 'on notice' that my father has died and his Trust will not be responsible for the mtg payments? The Payments have been made for the the past 2 yrs by the other party on the loan. She is not...

04/08/2009 | Category » Probate  State » CA  #15916
As purchaser of the property where will I begin have a warranty deed recorded?

As heir/purchaser of one acre of land one of seven heirs' proceeded my mother in death is he still considered a legal heir? As purchaser of the property where will I begin have a warranty deed recorded?

04/09/2009 | Category » Probate  State » AR  #15926
What forms need to accompany a Petition for Administration?

What forms need to accompany a 'PETITION FOR ARMINISTRATION (Intestate Florida resident - single petitioner'?

04/09/2009 | Category » Probate  State » FL  #15932
How does my dad find out if he was named in my grandfather's will?

My grandfather passed away 6 weeks ago and my dad is estranged from his step-mother. My dad was not able to go to the funeral which was in another State. My dad knows he was in the Will but nobody has contacted him yet. What can he do. He will not call his step-mother and doe...

04/10/2009 | Category » Probate  State » IL  #15946
What is the process for probate regarding property owned by my deceased husband?

My husband died April 1, 2009. We had wills and powers of attorney done in Mississippi 4 years ago. We have 2 homes with mortgages and both our names are on these. His name is not on any other property or investments. Do I have to go through probate, file, or present the will in ...

04/14/2009 | Category » Probate  State » MS  #15998
What forms are needed to release funds from my deceased father's account to pay for funeral?

My Father died February 21, 2009 in Louisville, CO (Boulder County). He has a small account with a local office in Pennsylvania. I need to get a 'short form' from Colorado to enable his broker to release funds to pay the funeral home. What forms do I need to accomplish this? I...

04/20/2009 | Category » Probate  State » PA  #16067
How do I cash refund checks that are in my deceased husband's name?

My husband died suddenly on 3/4/08. He left no will. I recently received 2 refund checks in his name ($280 and $340). My bank won't cash them because they are payable to him. Is there a form that I can fill out to submit to my bank?

04/26/2009 | Category » Probate  State » CA  #16135
Is there a form that would prevent my estate from going through probate?

I was told at a Financial Planning Seminar that I could include a certain statement in my Last Will and Testament that would avoid my estate from going through probate court. What is that statement?

04/29/2009 | Category » Probate  State » ALL  #16442
My father left me his home so how do I transfer the deed and keep this out of probate court?

My father left a will and left all his belongings to me and my husband. He also left behind a lot of unsecured debt. We want to try and keep his house, as we would like to move into his house, but would like to keep this matter out of probate court. Would an affidavit of heirship...

04/30/2009 | Category » Probate  State » AR  #16481
Am I responsible for payment of my deceased father's credit card debt?

My father died Jan '09 with a will, appointing me executrix and leaving everything to my sister and me evenly split. Unfortunately, the will was hand written w/ no witnesses and no notarization. So the clerk of the court declared the will invalid, but said it didnt matter becau...

05/04/2009 | Category » Probate  State » VA  #16562
My father passed away with no will so what will happen to his home?

My father just passed away in the state of Texas and did not have a will. His home will go into probate, I believe. The home is solely in my father's name and the widow is getting a lawyer to sue his children for the sale of the house. Is that possible?

05/12/2009 | Category » Probate  State » CA  #16654
Is there a form that would allow me to cash a check made to the estate of my late husband?

My husband died unexpectedly last year. I need to be made Executor so I can cash a couple of checks that were made out 'to the estate of (my husband's name). Isn't there a form I can fill out naming me as Executor?

05/13/2009 | Category » Probate  State » CA  #16664
How can I file a complaint with the probate court about the probating of my father's will?

Can someone tell me how I can write a complaint letter to probate court about the probating of my father's will? I can't afford to have a lawyer write the letter for me so I need to do it myself.

05/17/2009 | Category » Probate  State » GA  #16693
Am I responsible for the unsecured credit card debt of my deceased spouse?

My spouse recently passed away. Am I responsible for an unsecured credit card debt; my name is not on this account.

06/01/2009 | Category » Probate  State » PA  #16839
What forms do you need to transfer real estate from a parent who passed away into your name?

What forms do you need to transfer real estate from a parent who passed away into your name? Do you have to use a lawyer or can you do the process yourself? What steps need to be taken?

06/04/2009 | Category » Probate  State » WA  #16864
Are Family Members Liable for Debts of Deceased Brother?

My brother committed suicide and left behind debts, as well as major medical bills resulting from him suicide. He was not married nor did he have children and was not under an appointed guardianship. He resided with my mother, only because he had foreclosed on his home, did not...

06/04/2009 | Category » Probate  State » NC  #16866
How do I get a Personal Representative Paper to withdraw funds from my deceased mother's bank?

My sister was a resident of Florida when she died in August 2007 without a will. She never married and had no children. I and her siblings live in Ohio and Indiana. Her assets were less than $4,000 (including a checking account) so no probate was opened. Now; the bank, where t...

06/22/2009 | Category » Probate  State » IN  #17123
How Do I Remove Deceased Husband From Deed?

What form do I need when there is two people on the deed but one of them is deceased?

06/24/2009 | Category » Probate  State » AR  #17164
How Do I Transfer Real Property From Other Heirs to Myself?

I currently live in Ohio. My Mother has a home in Florida and she recently passed away. The house was 'willed' to the surviving children, of which I am one of the children. I have reached an agreement with my other brothers (3) and sister (1) to where I am going to buy my mom's h...

06/24/2009 | Category » Probate  State » FL  #17172
How Do I Transfer Property To an Heir if the Will Isn't Valid?

My wife was left as the soul beneficiary in a will. This will was prepared while the gentleman was incarcerated in Texas. The will and most of the paper work were not notarized because of his location. I need to get the house transferred to my wife's name. What should I do?

06/29/2009 | Category » Probate  State » TX  #17237
Can I Receive Assets Under a Will Before the Testator Dies?

My brother owns mother's house. She only has living rights, but she pays all taxes and homeowners insurance. She has in will to leave all her other possesions to me and my sister upon her death. Can he go in house and change locks and not let us have our possesions?

08/03/2009 | Category » Probate  State » NC  #17925
Can a Child Inherit Real Property in Pennsylvania?

My partner just passed away, we have a 10 year old son. We were legal domestic partners in the state of New York and we lived there, we still do, but he also owned a house in Philadelphia. He was a professor and his job couldn't send his last pay and vacation to me as we were no...

01/10/2011 | Category » Probate  State » PA  #23984
Can I Sue Someone for Not Taking Better Care of Someone Who Later Died?

A few questions:1) My husband and I never got divorced, he moved in with a woman, my husband had a legal will awarding me all his assets upon his death. He has died, and the girlfriend refuses to release the property. The total property is valued at less than $50,000. How can ...

01/11/2011 | Category » Probate  State » NV  #23988
How Do I Get a Divorce Payment for Credit Card Debt After My Former Spouses Dies?

My ex-husband has passed away. We had a joint credit card with a $10K balance we had a divorce settlement that shows how much of the credit card balance I was responsbile for $4.6K and that I was to make payments to him, of which i did. He also in return made payments directly...

01/26/2011 | Category » Probate  State » NC  #24084
When Does a Deed Bypass Probate?

We established a quick claim deed between a Mother and 3 sons on real estate property in 1999. When she dies does the quick claim deed bypass probate in State of Wisconsin?

04/02/2011 | Category » Probate  State » WI  #24548
How do I force the probate of my sister's will when brother was named executor?

My questions are about Probate. My brother in MD was named executor of our sister's estate about six months ago. I live in Texas. I have received no legal papers concerning his appointment. Our sister lived in CO. I went to CO when she died-no one else went to CO. While there I h...

11/30/2011 | Category » Probate  State » CO  #25555