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Recent Ancillary Probate questions

My dad passed away last month. I am wanting to educate

Hello, my dad passed away last month. I am wanting to educate myself on the process of probate law in Ky. He had no will. My step mom says she is owed all his stuff but I know my dad would want me to have something. I understand that there are inheritance laws

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,104 satisfied customers
I am finishing up the estate of my Mother and the will has

Hello,JA: Hi. What seems to be the problem?Customer: I am finishing up the estate of my Mother and the will has been through probate in the courts of Massachusetts (she had part ownership of property in MA, all which has been sold and the funds distributed to the owners in equal shares. Her portion of the funds went into a PA trust created by her will and my father, siblings and I, as sole beneficiaries to the trust, wish to dissolve this trust. The probate has been completed in MA, the trust is strictly in PA and my brother and I are trustees. We want to draft a Family Settlement Agreement to dissolve the trust and to distribute the cash in accordance with the agreement. Do you have a sample agreement that I can work off of to create this agreement? The probate, tax returns, closing, accounting, etc., have all been completed in MA, and we do not wish to do an ancillary probate in PA. Thank you!JA: Since laws vary from place to place, what state is this in?Customer: PAJA: What documents or supporting evidence do you have?Customer: Supporting evidence for what?JA: Anything else you want the lawyer to know before I connect you?Customer: I think I summed it up.

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Infolawyer

Attorney

Juris Doctor.

37,606 satisfied customers
Disclaimer of inheritance question: A man wishes to make a

Disclaimer of inheritance question:A man wishes to make a partial disclaimer of inherited real estate (several properties). The decedent was a California resident; the properties are in MassachusettesQ1. Must the disclaimer form be filed with a court or just delivered to the trustees/executors of the decedent's estate?Q2.If the disclaimer must be filed with a court, should that be a California court or a Massachusetts one?Thank you!

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RayAnswers

Lawyer

Doctoral Degree

35,806 satisfied customers
I am the administrator / sole heir of my mother who passed

I am the administrator / sole heir of my mother who passed away in California. Order of final distribution is complete. My problem is... I have a step brother who took a title to a vehicle in Minnesota. In order to get the title and vehicle back the DMV .. Dept of Public Safety wants a court order proving I am entitled to the vehicle. Well my CA certified Order for Distribution is not going to work as they wont accept it ... not in their jurisdiction? So now how do I go about getting a court order in Minnesota without having to go thru Ancillary probate. It's only the title and vehicle I want given back to my the rightful owner. Is their a way to submit my current letters of testamentary and Final distribution to be able to exercise power to assets in Minnestoa

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Irwin Law

Juris Doctor JD

8,816 satisfied customers
My mother died last month. I am her executrix of her will

My mother died last month. I am her executrix of her will and the trustee for her revocable living trust. She lived in Florida and owned a house. I filed her will at circuit court and I filled a quit claim deed as well (property equally divided between my brother and me). I was told that I need to open an estate account in her name (I already have a checking account where I am joint with her). But I was told I need a letter of testamentary in order to do that. How can I get this letter (with the living trust I was told I don't need to go thru probate) in order to open the estate account. I was told my the surrogate court in NY (where I live) that I would have to get a letter from Florida first and then get an ancillary letter for NY in order to open her estate account in NY.JA: Since laws vary from place to place, what state is this in?Customer: The state is Florida. I live in NY.JA: Have you talked to a lawyer yet?Customer: No, my mother had a lawyer that prepared all the documents but when I tried to talk to her she sent me a letter saying she wouldn't talk to me without paying her money up front. Which is what I had intended to do ... But the letter put me off ... And since then I've found out she was not recommended.JA: Anything else you think the lawyer should know?Customer: There is no contention about the distributions to the beneficiaries of the will ... I'm just trying to get thru the process. We had thought having the living trust and all the paperwork would make this easier. Doesn't seem so.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,104 satisfied customers
I'm the sole beneficiary of an estate out of TN. The house

I'm the sole beneficiary of an estate out of TN. The house with all of its contents were sold. All that's left is a property in Virginia that is being transferred into my name and the attorney the executor hired says they had to open an ancillary probate in VA, which they did. The executor and attorney are getting a percent commission of the estate. So my question is what percent commission will they get in TN? Also is it normal for the attorney to get a percent commission? If the property in Virginia has to have a separate probate opened do they use that property value to calculate the executor and attorney fees out of TN? Estate total value is 750K the property in Virginia is worth 450K.

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Irwin Law

Juris Doctor JD

8,816 satisfied customers
My parents have a lot in Florida that was left in the Will

My parents have a lot in Florida that was left in the Will to my brothers. Father has been deceased since 1990 & mother since 2007. I have not yet turned it over to them. What do I need to do to do so? Quickest and easiest way, please

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LawTalk

Attorney at Law

Juris Doctor

32,996 satisfied customers
A person inherited real estate in , but s place of residence

a person inherited real estate in Virginia, but his place of residence at death was Florida. He left no will and neither his wife nor anyone else will qualify on his estate in florida. Can the decedent's brother probate his estate in Virginia because he inherited real property in Virginia?

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Loren

Juris Doctor

37,064 satisfied customers
Regarding VA probate laws--My father has land in VA, he is

Regarding VA probate laws--My father has land in VA, he is deceased and so is his first wife. I have been told my mother's (first wife) name is ***** ***** property. The will has NOT been probated in VA only in NJ. Is it possible the current wife (executrix of the estate) can have my mother and father (both deceased) removed from the deeds and become sole owner of the land. The will states his current wife would get 50% of the estate and the other 50% would be distributed among his 6 children. Is it possible for the current wife to flip the deeds into her name only, sell the land and keep the proceeds without adhereing to the will.

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LegalGems

Juris Doctorate

13,778 satisfied customers
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