Questions tagged [probate]

Probate is the process of proving a will is valid and thereafter administering the estate of a decedent. Receipt of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will.

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Extent to which a will is holographic

"Albus" and "Severus" are making a will together. They do not want to bother with an attorney or witnesses, so Severus handwrites it, under the assumption that doing so will make ...
In Hoc Signo's user avatar
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9 votes
1 answer
926 views

Retroactive lack of testamentary capacity

"Juan" makes his will. A year later, he is diagnosed with Alzheimer's disease, and so loses testamentary capacity. Often, the medical diagnosis for Alzheimer's comes well after the victim's ...
In Hoc Signo's user avatar
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0 votes
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NJ Probate - When to sign a refunding bond and release form?

New Jersey probate: Does a refunding bond and release form have to be signed BEFORE assets can be transferred from the estate to the beneficiaries? It seems odd since the beneficiary is acknowledging ...
Steph's user avatar
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1 vote
1 answer
84 views

Am I responsible for an old line of credit if I am the administrator on a property sale? [closed]

I received a letter yesterday regarding my parent's property that was sold 2 years ago. I am the administrator for the estate and the sale of the property and I am being asked to pay $5868.09, toward ...
Terry Gragg's user avatar
1 vote
0 answers
26 views

Estate disposition: Summary Administration

FS 735.201 indicates two conditions for "Summary administration": 735.201 Summary administration; nature of proceedings.—Summary administration may be had in the administration of either a ...
gatorback's user avatar
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2 votes
1 answer
484 views

Property and Intestacy when married

What happens to property without a will while it is in probate? An IRA with a named beneficiary is exempt from probate. A house in joint tenancy does not pass through probate. However, say a car is ...
paulj's user avatar
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6 votes
8 answers
12k views

Release my children from my debts at the time of my death [closed]

Upon my death how do I physically write the actual release of debt without an attorney, so my children are not held responsible for my debts.
Artemus hutchens's user avatar
-2 votes
1 answer
44 views

Does a real estate buyer have recourse to recover fees related to an offer due to seller not disclosing probate period? [closed]

I live in the state of Massachusetts and recently put in an offer for a home. The seller is actually 4 owners for which one passed recently (last year). During title search, it was found that there ...
ParaM's user avatar
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0 votes
2 answers
161 views

Testament valid / children disinherited GEORGIA

following scenario: A man lives and dies in Georgia. He served in the army and was located for a specific time in Germany. While he was there he was in a relationship with a woman. She became pregnant....
gorli's user avatar
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1 vote
1 answer
87 views

Car and Med Insurance?

If somebody were to get into a bad car accident, the med costs can rack up, and it'd be best to have insurance burgeon a portion of the debt. But let's say that due to financial straits, said person ...
Budd Kraken's user avatar
2 votes
1 answer
63 views

What does Florida state law say regarding probate in real estate transactions?

Does Florida state law require that an estate go into probate in the event the seller in a real estate transaction passes away prior to closing?
Michael Hall's user avatar
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1 vote
2 answers
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Can a son be forfeited from inherited property if he refuses to take care of his old parents?

In Indian law, can a son who disowns his old parents, be deprived of his parents' ancestral properties? What about self acquired property of his parents?
RAGHAV SINGH's user avatar
-3 votes
1 answer
68 views

What type of human being can help? Which one specifically? [closed]

I have with me more than 1500 documents associated with abduction and human trafficking as well as probate fraud and political corruption associated with the district attorney's Office in Orange ...
Alise's user avatar
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2 votes
1 answer
325 views

Can a joint tenancy's right of survivorship be invalidated by providing evidence that one of the four unities has not been met?

In a scenario where two non-married, but related people, establish a joint tenancy with regard to ownership of real property without legal representation, can heirs challenge the validity of said ...
goldenguy's user avatar
2 votes
1 answer
114 views

Who determines whether a deceased person's property can be sold without probate? [closed]

My Grandmother died earlier this year. She lived in a property from 1960 onwards with her husband (my Grandad) who died in 2019. They had one child (my Dad) who died, unexpectedly, in 2017. My Dad had ...
Andy's user avatar
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0 votes
1 answer
63 views

Do Will witnesses in NY state require a copy of the Will prior to witnessing/signing?

In New York State in order to be a legally valid Will, the Will must be signed by two (2) Witnesses who are in no way, shape or form beneficiaries of the estate/Will. Do the Witnesses need to see/read ...
hotmeatballsoup's user avatar
0 votes
3 answers
89 views

In what situations can siblings inherit a home, but one sibling has more control over its management? (US)

I'm developing a story idea in which the protagonist co-inherits their grandmother's home with their sister and, long-story-short, I'm trying to create an obstacle where the sister wants to sell the ...
DB428's user avatar
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3 votes
2 answers
387 views

Probate vs Non-Probate Assets for Wills

New York State (USA) here. I'm having trouble understanding the difference between Probate and Non-Probate assets, from a Will/Testament standpoint. I believe non-probate assets are specific gifts you ...
hotmeatballsoup's user avatar
-1 votes
1 answer
111 views

Signing, witnessing and filing requirements of a Last Will & Testament in NY

In New York state (USA), what are the signing & filing requirements for a Last Will & Testament? Pretend the Will itself (the wording) is valid and enforceably. My understanding is that the ...
hotmeatballsoup's user avatar
1 vote
1 answer
39 views

Understanding which inherited assets are taxed in NY

New York State (USA) here with a Last Will & Testament question. Are things like life insurance and non-probate gifts taxed? Or do they pass to beneficiaries untaxed?
hotmeatballsoup's user avatar
2 votes
1 answer
137 views

Can a modifiable appendix be a valid and enforceable extension of a Last Will & Testament?

I'm in NY state (US). I am writing a will and am at the article where I name gift designations for specific beneficiaries (son #1 gets my old slippers, son #2 gets my belly button lint, etc.). This ...
hotmeatballsoup's user avatar
2 votes
1 answer
125 views

Probate vs Surrogate Courts: whats the difference?

In the US, and specifically New York state, what is the difference between a probate court and a surrogate court?
hotmeatballsoup's user avatar
10 votes
2 answers
3k views

Does the death of a party involved in the execution of a will mean that they do not inherit?

A friend of mine is engaged in a lengthy probate process over her inheritance from her parents with her brother as the executor. Without getting into details of why it's been so protracted, it's been ...
SCD's user avatar
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1 vote
2 answers
64 views

When Can a Beneficiary/Distributee for an Estate Compel an Executor to Initiate Probate in NYS?

Soon after the death of their father in Queens, NY, two surviving sons, Brother X (who lived with their father) and Brother Y (living in NJ) find their father's will in his personal papers. The will ...
InquiringMind's user avatar
3 votes
1 answer
185 views

Who is liable for repairs upon death of landlord?

My father passed away recently and he was the landlord of a commercial property. I am his only son and will inherit the property. However he did not leave a will and I have to apply for letters of ...
Aditya K's user avatar
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1 vote
1 answer
206 views

What rights and responsibilities do next-of-kin have after a death and before administration is granted?

When my parents died, I was named sole executor in their will, and everything went smoothly: all the banks, estate agents, etc were quite happy to deal with me on the assumption that I would be ...
Michael Kay's user avatar
1 vote
1 answer
97 views

How to get the solicitors who wrote the will to respond to a Larke v Nugus request?

Is there a valid reason to withhold a Larke v Nugus request when there is no personal representative? Imagine the situation where a person in England dies testate and: All executors have renounced ...
NickC's user avatar
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8 votes
1 answer
2k views

Clever Probate Fraud (UK) - How Did He Do It?

I’m hoping someone can help me understand this clever bit of probate fraud. In summary: Swindler made fake wills for sailors who had died intestate leaving high value estates. The wills looked real ...
user8731804's user avatar
2 votes
1 answer
249 views

What to do about missing power of attorney paperwork and issues with the title on our house

To sum up the situation with relevant facts, we bought a house in the mid 2000s from a woman who had ostensibly granted power of attorney to her son. The transaction was through the typical real ...
Random Not a Laywer's user avatar
5 votes
1 answer
2k views

When an American citizen dies in Mexico without a will, which countries' probate law applies?

When an adult American citizen dies while vacationing in Mexico with no will but assets in both Mexico and the US, which countries' probate law applies?
COOKIES's user avatar
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10 votes
3 answers
3k views

Is the estate of a deceased person a legal entity?

This question is inspired by the discussion in the comments of this answer to another question. In those comments I claimed that the estate of a deceased person is not a legal entity and that it is ...
JBentley's user avatar
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3 votes
1 answer
58 views

How does Ohio handle intestate inheritance of jointly owned property

My best attempt to summarize the situation; Ohio property purchased as JTWROS by A, B, and C. A and B are married. C is adult child of A and B. Unfortunately, A suddenly passes, not leaving a will. ...
Liam's user avatar
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23 votes
2 answers
10k views

What are the legal ramifications of a legally dead person turning up alive?

Context: I am writing an urban fantasy story in which a man dies, is declared dead, and comes back to life via supernatural means on the autopsy table. The existence of the supernatural is not common ...
roundwoodsmonster's user avatar
1 vote
1 answer
106 views

Can an estate be distributed against the will when all parties are in agreement?

I am learning about estates, wills, and probate courts. I am wondering about the following situation and procedures that may follow: Beneficiary 1 (or B1), the sole beneficiary stated on a will, was ...
Jason p's user avatar
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1 vote
2 answers
94 views

Florida Estate does not want to pay lease on condo from deceased tenant but wants personal property

Personal Rep for Estate is out of town and has never visited the leased condo after tenant deceased. She wants personal property without paying up on the past due rent. Have made a Statement of Claim ...
user38443's user avatar
2 votes
1 answer
75 views

Surrogate Court Petition for Probate NY Notification To Others In WIll

I am in the process of filing papers with the surrogate court for petition of probate. I am just compiling all the needed information and such before I do so. I was told others named in the will need ...
explore99's user avatar
0 votes
1 answer
98 views

WV Probate court changing interpretation of will AFTER probate closed

My mother's will states that real-estate 'goes to my children' with no mention of their descendants. In the residuary estate section, it states the Residuary estate goes to my children and their ...
peinal's user avatar
  • 425
6 votes
1 answer
2k views

Are holographic wills really routinely thrown out by probate courts?

A lot of states do not permit holographic wills and specifically state in their laws that an unwitnessed will is invalid. This seems like a cruel provision to me. So, if a person writes out in their ...
Cicero's user avatar
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3 votes
1 answer
144 views

Does a will have to be probated in every state in which property exists?

From my understanding the probate of a will only applies to property located in the state where the property is located. So, according to this apparently if a person has property in many states, then ...
Cicero's user avatar
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6 votes
1 answer
2k views

In Arizona, if someone dies, are survivors legally obligated to post a public notice in a local newspaper?

My question pertains to law in the United States. My mother died in the state of Arizona. Some places, the executor of the estate (or someone else) is legally obligated to publish a death notice in a ...
Samuel Muldoon's user avatar
-1 votes
2 answers
146 views

Is a voicemail proof of intent to leave an estate to somebody? [closed]

Say that person A (who owns an apartment in Miami) left a voicemail message to person B (to whom they are not related—person B would not otherwise inherit anything) saying they want to leave B ...
userLTK's user avatar
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1 vote
1 answer
110 views

Can a new debt be applied to inheritors of an estate after probate has been settled under UK law?

Question If a deceased person who is a lease holder on a flat has debts to the landlord, can those debts be transferred to those who inherit the estate after the closing of probate? Legally, is the ...
Richard Tingle's user avatar
1 vote
1 answer
193 views

What happens if a "small estate" stops being small?

Let's say that a "small estate" (for example, in New York, under $50,000) is resolved through a Small Estate process. Letters of Administration are issued for a few small accounts. And then, ...
rosends's user avatar
  • 241
4 votes
1 answer
554 views

My mother passed away without a will or a spouse we are now in probate, and my mother owes $80,000 on her home which is appraised for a 120,000

My mother passed away on February 5th of this year. My eldest brother signed his right away to administrate the probate. My mother had no spouse and there are only 3 heirs: me (the youngest) and 2 ...
user34444's user avatar
1 vote
2 answers
265 views

Unreasonable terms in a will

I'm trying to find information on whether a will in the UK is unenforceable, based on the fact that the terms in it are unreasonable, and can't seem to find any information - all advice on the ...
Jez's user avatar
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1 vote
2 answers
87 views

credit report on decedent

As the estate executor, is it ill-advised to try to obtain credit report on decedent? I am unsure if the ramifications of doing this are good or may result in potential legal issues? The estate is ...
peinal's user avatar
  • 425
14 votes
2 answers
2k views

is estate responsible for debt of car-loan co-signed by the decedant?

My mother co-signed a car loan for her grandson ~3 years prior to her death . He defaulted on the loan and the car was repo'd AFTER her death. Can the loan company come after her WV estate for the ...
peinal's user avatar
  • 425
17 votes
5 answers
6k views

Can an estate be forced to sell real estate to cover debt if the home was bequeathed to an adult child?

My mother died in West Virginia. I am her son and the executor of her will, in which the home was bequeathed to me. The estate has insufficient funds to pay medical and other debts. Can WV probate ...
peinal's user avatar
  • 425
5 votes
1 answer
441 views

Does an executor who is a child of the deceased have a legal right to begin processing of a property before the will is probated?

My understanding from a brief exploration of the question on the web is that the named executor of a will can't start processing the property until the will is in probate. To fill out the petition ...
SCD's user avatar
  • 960
1 vote
2 answers
99 views

Ethics related to representation of a person with impaired judgement

We have a family member who has hired an attorney in the state of California. The family member is the beneficiary of a special needs trust (an SNT). The family member wishes to break the trust, and ...
Scott Brown's user avatar