Get free answers to your Probate legal questions from lawyers in your area.
My brother passed away without leaving any wills or documents, and he left behind an estate and minor children in Georgia. There's another brother who doesn't want to make a claim, and the mother of the minors won't cooperate or file a petition. I am interested in being considered an... View More 
answered on May 21, 2025
You can file to be administrator, but you are not an heir and will not receive any portion of the estate. Your brother's children are his heirs and will receive the full estate. A guardian ad litem will need to be appointed for them to ensure that their interests are well represented during... View More
My spouse passed away on April 1, 2025, and the doctor's nurse informed me that the death certificate was signed electronically. However, it shows as not signed. Despite getting word from them yesterday, it still remains unsigned. What can I do legally to resolve this issue, especially since... View More
answered on May 20, 2025
It is not uncommon for death certificates to be delayed, or wrong and to require a re-issue. Thankfully, however, a delayed death certificate should not delay your managing your spouse's estate. First, under Louisiana law, we do not need to provide a court with a death certificate, but... View More
As a co-executor of my father's estate, my sister has all the paperwork related to his property, which was recently sold. Despite my requests, she refuses to show me any documents. She claims the property sold for a certain amount, but online records indicate it sold for much more.... View More
answered on May 20, 2025
First, check with the Probate Court in the county where your father lived to confirm whether probate was opened. If so, request copies of all of the probate records, including the petition and accounting/reports to the court, if filed. If you are a beneficiary under the will or an intestate heir... View More
In Maryland, are the children of a deceased individual required to be informed that a will is going to probate even if they aren’t named as beneficiaries in the will? After my father passed away, I was never informed about any aspects of his will, probate, or who the executor was. Although I may... View More
answered on May 20, 2025
Yes, if an estate was opened, all “heirs at law” (meaning any person who would inherit if there were no will) must be notified so they can decide whether or not to challenge the will. As a child of the deceased, you are an heir at law.
However, if your father’s assets were all either... View More
As the personal representative of my mom's estate in South Carolina, I'm responsible for distributing her assets, including two bank accounts totaling $180K, which I held jointly with rights of survivorship. I intend to split these funds 50/50 with my sister, per the will. The estate does... View More
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answered on May 19, 2025
If you were a joint owner with your Mother then you own the account at her death and the Estate is not involved and does not pass through the Will. Check the signature card carefully. I know there are State taxes in SC, so that is your worry besides possibly a gift tax on the money going to... View More
Is probate required after the death of my spouse, whom I was married to for 56 years, given that we have a trust and a will in place? Our home property, which we owned for 30 years, is titled in both our names and is not included in the trust. We have two surviving adult biological children who... View More
answered on May 18, 2025
I am very sorry for your loss and please accept my condolences on the loss of your spouse for you and your family at this difficult and sad time. No, probate is not required unless there are any assets in the name of your spouse alone that would need to be addressed via probate, based on what you... View More
I am the executor of my late father's estate, which includes several firearms he intended for me to inherit. My father did not have a formal will, but he provided me with personal writings expressing his wish to pass these guns to me. I am an only child, and my mother is supportive of me... View More
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answered on May 17, 2025
You are not an executor if no will is probated. Apparently you are the administrator and the heirs own those firearms as personal property of the Estate. Your lawyer needs to tell you who the heirs/next of kin is. Then get the other owners to agree in an Court Order for the firearms to be... View More
In 2013, I drafted a handwritten will for my mother based on what she dictated, and she signed it without any witnesses. She was of sound mind when she signed it. However, it is not truly a holographic will since I wrote it, not her. My mother passed away in September of 2014. Under New York law,... View More
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answered on May 18, 2025
Under New York law, an unwitnessed will, such as the one you described, is generally not considered valid. New York requires that most wills be executed in a specific manner to be legally recognized. According to New York Estates, Powers, and Trusts Law (EPTL) § 3-2.1, a valid will must be:... View More
My son was granted a life estate over his father's estate in the will. However, the will was not probated, and it has been 15 years since my husband's passing. There are other siblings involved as well. All of the assets in the estate are still available and intact, and there have been no... View More
answered on May 16, 2025
Assuming your Husband residing in Texas, the general time limit for probating a will is four years. However, there is a special type of probate (called "muniment of title") that can be initiated after four years. Most Texas courts will allow probate as a muniment of title beyond four... View More
I have a handwritten will in the state of Florida that bequeaths my car and house to my daughter. It is signed by me and two witnesses, with an executor named. There have been no disputes, and my daughter is the sole beneficiary. Is this will considered legally sufficient to proceed with... View More
answered on May 16, 2025
Yes, while the Will may be valid under Florida Law (see below Florida Statute 732.502), it will be subjected to greater scrutiny if it is a handwritten Will, also, the Will is going to have to go through probate (time, potential delays and expense). I would encourage you strongly to do proper... View More
I am concerned about the legality of a transaction made by the executor of my mother's estate. Four days before my mother passed away, the executor, who was on my mother's bank account, withdrew $15,000. At that time, my mother was incapable of transferring money online due to her... View More
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answered on May 21, 2025
I am sorry you are dealing with this situation during what must be a difficult time. Questions about financial transactions made shortly before someone’s death, especially by someone in a position of trust, can raise serious legal concerns, particularly when large sums of money are involved.... View More
I want to know if a collector can seek payment from me for a credit card debt solely under my deceased husband's name, after over two years since his passing. I was not on the card, there was no probate nor estate, and I provided the company with his death certificate and estate-related... View More
answered on May 15, 2025
No, they can't file suit against you, they would have to sue your late husband's estate. If there is no probate case, in theory they could open one and seek to sell his assets if any, but that is unlikely.
I want to know if a collector can seek payment from me for a credit card debt solely under my deceased husband's name, after over two years since his passing. I was not on the card, there was no probate nor estate, and I provided the company with his death certificate and estate-related... View More
answered on May 16, 2025
No, a debt collection agency cannot pursue a third-party if the debt is in the sole name of the decedent. They would have to pursue a lawsuit against the estate of the decedent in probate court if a probate case has been opened.
I live in Syracuse, NY, and my mother passed away in 2020 without a will. I was appointed as the administrator of her estate by the surrogate court and have received letters of administration. I filed for full administration on February 13, 2024, and it's been 14 months now. There are no... View More
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answered on May 21, 2025
I’m sorry for your loss, and it is understandable that you want to ensure everything is handled properly with your mother’s estate. Since you have been appointed as the administrator by the Surrogate’s Court and received letters of administration, you are the person legally authorized to... View More
I am the natural daughter and beneficiary of an irrevocable trust in Nevada. My parent, the maker of the living trust, recently passed away, and there are known creditors and debts, including a mortgage company that has been notified but requires the death certificate to proceed. There isn't a... View More
answered on May 14, 2025
Under Nevada law you are liable for your parent's debts only to the dollar amount that you get as a result of the parent's death, whether it be through a trust, a will or payable on death account. You can publish a 90 Day Notice to Creditors and mail a copy of that Notice to any known... View More
How can I find out if I was included in my father's will? He passed away in Tillamook, Oregon, either in 2013 or 2018. I've checked with the courthouse probate records, but found nothing. After his death, my stepmother ceased communication with me and my sister and the rest of the family.... View More
answered on May 14, 2025
Unfortunately, there is no place that Oregon Wills are kept. If a probate had been filed then you would have found those records at the courthouse. It sounds like your father was married when he passed. It's possible that he did not own any probate assets because all of his assets were held... View More
As the sibling of a decedent in a probate case in California, I am concerned about the appointment of a Guardian Ad Litem (who is the ex-wife of the minor child) as the Special Administrator. The minor is the only child of the decedent, and the parents are divorced. The ex-wife was appointed... View More
answered on May 14, 2025
California Probate Code section 8461 provides the priority list for appointing an administrator over a decedent's estate. The list includes the following people in the following order of priority:
(a) Surviving spouse or domestic partner
(b) Children
(c) Grandchildren... View More
My mom passed away in 2016 in Honolulu, Hawaii, without leaving a will. I need a letter to prove I am her daughter for matters related to her financial property, specifically her employment benefits or assets. No legal proceedings have been initiated for her estate, and I am unsure if there are... View More
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answered on May 14, 2025
You need an HI attorney to help you make proper written demands. Recording an Affidavit of Heirship and supplying a death and birth certificates would definitely help. However those kind of assets probably went to her designated beneficiary, and suing the administrators (actually legally... View More
I am in a verbal agreement, established through a conversation between real estate agents, to purchase a home currently proceeding through probate in Arapahoe County, Colorado. There are no written documents supporting this agreement, and no other parties are involved in the purchase. I have... View More
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answered on May 13, 2025
Whatever agreement you have is unenforceable as it violates the statute of frauds. The real estate agents have no authority unless they have a listing agreement with the probate fiduciary and there is a Court Order to sell the property before the Probate is closed. Hire a CO attorney to secure... View More
I have a question about the transfer of commercial property that was signed in December and filed in April. The property transfer occurred after the original owner's death and was to a beneficiary through a Trust agreement. There was no formal closing or stipulation regarding the transfer... View More
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answered on May 13, 2025
Date of Deed Execution is date of conveyance. But if there is Court Case, delivery to and acceptance by the grantee may need to be proven by sworn testimony. Deed is effective upon execution but not notice to the world until recorded.
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