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Recent Ancillary Probate questions

A decedent's estate is $600,000 in a CA probate. During the

A decedent's estate is $600,000 in a CA probate. During the last 7 months of his life he lived and died in his CA home. He also had a home in PA that he lived in during 2014 and filed his 2014 taxes in PA . The PA home will sell for $100,000 and has a $60,000 on a mortgage. So his PA estate was $40,000.When PA taxes inheritance at 15%, I accept his PA tax is 15% of $60,000. Because in the past the decedent was a PA resident, what tax claim, if any, can PA make on the $600,000 filed in CA probate?

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RayAnswers

Lawyer

Doctoral Degree

42,808 satisfied customers
My mother passed away in January, 2015, in Texas. She had

My mother passed away in January, 2015, in Texas. She had been here under my care for a couple of years; however, her property is located in Louisiana. The only property left is a home in New Orleans, and a $3,000 CD with Capital One Bank. We have a will, executed in Louisiana in 2011. I know I need to get the house into probate - in Louisiana, I am assuming since that is where the property is. The bank is telling me I need Letters Testamentary to cash out the CD. Do I handle all of this in Louisiana?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: I am in Texas, she died in Texas. Her property is located in Louisiana and would rather handle all affairs in Louisiana. She never owned any property in Texas.JA: Has anything been filed or reported?Customer: Nothing filed or reported. I know something needs to be filed in Louisiana to get the house out of her name.JA: Anything else you want the lawyer to know before I connect you?Customer: No, this is it. I am confused as to what State I should be dealing with since she died in one and property in another.

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Loren

Juris Doctor

43,740 satisfied customers
We just recently found out that ancillary probate was not

We just recently found out that ancillary probate was not filled in 2 other states where my late father had property. I want 2 things. 1. I want to know if I have the right as a named beneficiary, to ask the estate attorney and accountant for the original copies of all estate related documents. 2. I want to know why the executors did not do ancillary probate in 2 other states.We know that in NY, our executor was co owner with our dad in stock. There's unclaimed property in NY that states that the stock was already in the executors personal Trust. In another state, WV, our dad had mineral rights or possibly royalty rights as far back as 1991. But nothing was said about it until the executor claimed that there was a royalty deed that "mistakenly did not include my dad's heirs" Since then, after signing leases, we were told we were owners, but in 2 years we have not received division orders.He died in Texas in 1998, where the probate looks in order. I was a minor during the settlement of his estate. We also just discovered that the estate documents our attorney requested After the estate settled (we chose to have representation due to executors doing other things on our behalf without our permission) are missing signed tax documents and a missing page titled "Schedule A"Do I have the right at the very least, the 2 items I stated above?

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LegalGems

Juris Doctorate

18,156 satisfied customers
I'm the executor and trustees of my mother's estate. She

Hi, I'm the executor and trustees of my mother's estate. She passed 3 months ago. I took good care of her. Moved her in with us 9 years ago four of which she was in a nursing home. Sold her house. I got her budget to be within her means. Opened up a trust. Paid all of her bills. Celebrated all of the holidays with her either at our home or at the nursing home. Started her trust with the sale of her home at 217,000. Nine years later and four years of nursing home care. She still has 204,000. In the mean time i put my middle brother into alcohol treatment and through 3 years he passed on. And my oldest brother has always been bitter. Never came over six cell she moved in, never had her for any holidays, rarely visited the nursing home. The disbursements were made . 25k to him and the balance to me with a no contest test clause in it. I also made 10k dispursements to each grandchild (3). Just recieved a letter from an attorney he is suing me for 400,000. Stating I was abusive in my feduciary responsibilities ect... how can I have been abusive and held her account to 204k from 217k for 9 years. We have retained a local attorney, but I'm just looking for some advise on how to immediately deal with this.and put it to rest

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RayAnswers

Lawyer

Doctoral Degree

42,808 satisfied customers
My family member died and was a resident in Nevada ( she was

Hello....my family member died and was a resident in Nevada ( she was under public guardian) but still has real property in NY where she use to live... there is a will and I'm the executor ...my question is do I file probate in Nevada first where she was a legal resident and died, or does NY hold precendence for probate first because there is real property in NY that needs to be addressed..thank youJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: New YorkJA: Has anything been filed or reported?Customer: not yetJA: Anything else you want the lawyer to know before I connect you?Customer: ive talked to an attorney in Nevada already and she was the one who suggested I find out NY laws before I have them proceed with the probate...trying to avoid doing 2 probates if possible... if not I will still need a probate attorney for NY

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Thelawman2

Doctoral Degree

2,120 satisfied customers
I have a couple of questions about filling out a letters of

I have a couple of questions about filling out a letters of administration for my deceased mother's estate.I am in New York State. Can someone assist me?

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RobertJDFL

Attorney

Juris Doctorate

14,658 satisfied customers
My sister died 2.5 years ago. We have some Heir property. Is

HiMy sister died 2.5 years ago. We have some Heir property. Is my sister husband entitle to her share? She has one daughter 18 years. She was living in Georgia at the time of death. Her property is in Alabama . Will or no Will What's the Law? She had a minor brain injury.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,342 satisfied customers
An estate has a CA probate. The estate unfortunately has

An estate has a CA probate. The estate unfortunately has title to a $40,000 house in PA with a $100,000 mortgage held by BofA, written during the height of Countrywide's shenanigans.The estate wants to abandon the PA property and hopefully avoid a deficiency judgement.Does the CA probate obligate the estate to pursue a PA ancillary probate?

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RayAnswers

Lawyer

Doctoral Degree

42,808 satisfied customers
I have a letter of office for decedent estate in macon

I have a letter of office for decedent estate in macon county Illinois. Also a estate account set up there. I need to set a Arkansas bank account up to an estate as well. The bank told me I had to have a letters of office file in the county which account was originally set up in which is mountain home arkansas. Baxter Co.How can I do that. Can I file my letter of office from Illinois

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Ely

Counselor at Law

Juris Doctor

69,230 satisfied customers
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