Join the 9 million people who found a smarter way to get Expert help

Recent estate law questions

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?

Read more

Loren

Juris Doctor

 
34,652 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.

Read more

LegalGems

Juris Doctorate

 
12,296 satisfied customers
My parents own a home in Boise, Idaho where they once lived.

My parents own a home in Boise, Idaho where they once lived. However, the state of residence at their time of death was California. Each parent had their own separate wills written and notarized by the same company back in the mid 1980's. When my father learned the company that drafted the wills had gone out of business, he assumed those wills were invalid and subsequently had a new will drawn up, but only for himself, because by that time my mother was very ill, and not in the best mental state. In the wills drawn up in the 80's both parents wills state that their estate should be split up 3 ways- reflecting their desire to share the estate equally among their 3 children. Yet my father's new will stated he wanted to leave the property in Idaho solely to his son D. The remaining two sisters, D & C were amenable to the brother having the Idaho house and told him they would sign over their portion of the home to him. Meanwhile the youngest child, C who is also the executrix of the estate, received a summons in the mail requesting her presence in probate court in Canyon County, Idaho where the Idaho home is located. Does my brother have the authority to force probate to begin, and moreover, does the Idaho court have jurisdiction over this action? There is a pending court date on May 27th 2016 at 10:30am. Thank you for any help you can offer regarding this highly confusing case. By the way, there is another property in Colorado with similar circumstances as the Idaho property.

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,800 satisfied customers
With the passing of a husband or a wife, does the surviving

With the passing of a husband or a wife, does the surviving spouse have to file probate to get all titled items in their name? What if they have both names on the Titles already, or if they share some titles, but not others?

Read more

LawTalk

Attorney at Law

Juris Doctor

 
31,036 satisfied customers
Recently filed my Uncle's Will ( created in NJ in 2006-since

recently filed my Uncle's Will ( created in NJ in 2006-since no other Will exist) at the county Register in the state of Delaware.where he resided for the past 11 years and died.. There are 3 executors listed:: His surviving 2nd spouse; a unrelated niece in name only-not listed as a heir/beneficiary; and myself-nephew. The Will states shares in the amount of 1/33rd each since another niece in NJ not listed as a executor was listed as beneficiary.Problem: The wife of my Uncle has turned this into a very contentious issue...she believes the entirety of the Delaware estate ( house, banking, cars) is now owned by her. Has repeatedly, ignored my reach out to her via phone and email.She has obtained legal counsel. I have spoken with an Attorney ((* She also said if this issue evolves in the wrong direction I can elect to use their services)The attorney also advised I call her attorney and let him know that I'm not represented- so that he can speak to me. She also urged that all 3 executors cooperate or sign a renunciation, otherwise the estate can't be open. What does this mean?Questions:1) Does this renunciation mean I forfeit my rights as a executor, lose benefits from the sale of the properties in New Jersey, and completely sign over the Delaware estate to the spouse?2) My Uncle had already hired a real estate attorney in New Jersey that has some buyers for the properties. I spoke with that attorney who said this would have to go to Probate and then he could finalize the sale and proceeds. Should, I obtain representation in New Jersey as back-up?3) What other options do I have?Thanks,AL

Read more

RayAnswers

Lawyer

Doctoral Degree

 
33,942 satisfied customers
My father, who was a resident of New York, recently passed

My father, who was a resident of New York, recently passed away. He owned a land lot in Kissimmee, Florida. He had no other assets in Florida. I heard that Florida law states that when someone dies, their estate goes solely to their spouse. However, I saw several sites that said if the deceased had children from a previous union and children with the most recent spouse, 50% of land goes to the wife and the other 50% goes to all the children.Which is correct?Thank you

Read more

ScottyMacEsq

Doctoral Degree

 
22,062 satisfied customers
How do I file a claim against an estate

How do I file a claim against an estate

Read more

 
5,052 satisfied customers
This question is lawyer familiar with estate laws in

This question is for a lawyer familiar with estate laws in California and/or Florida:My brother passed away 10 days ago at his residence in California. He had a will but it does not have all the required signatures and is not a California form will. His only relatives are his 3 siblings (named in the will). I am the oldest sibling, and I am named as executor in the will. His estate is about $200,000 consisting of $70,000 in a bank account and a house in Florida worth $130,000.My questions are,a) how should I proceed and in which state(s),b) Will I be named Executor by the court,c) Should I hire a lawyer and how,d) How long should the process takee) How can things be paid for before an executor is appointedf) Does the existing will have an effect if it is found to be lacking signatures,g) If I hire a lawyer or other professional, can I only pay them the statutory 4 percent

Read more

LegalGems

Juris Doctorate

 
12,296 satisfied customers
What do I have to do to open probate dad? He lives in

What do I have to do to open probate for my dad? He lives in North Carolina, but the transfer of property was to people who live in Indiana.

Read more

RayAnswers

Lawyer

Doctoral Degree

 
33,942 satisfied customers
View more estate law questions

How JustAnswer Works

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Pay nothing to your Expert if you're not satisfied.

In The News