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Recent Probate Court questions

My boyfriend passed away on 8/25. We were together 8 years &

Hello.. My boyfriend passed away on 8/25. We were together 8 years & have 3 children together. We made many "asset" purchases while together. He's oldest daughter , 24, has assumed possession of everything of his\ours. I have an interest in this as we have 3 boys . I was told I can open probate as I have the 3 boys . he passed in Santa Clara Ca. Where most of our belongings are. But our residence is in Mohave Valley Ca, where he owns property(financed) that we are renting out at present. Where should I open probate and how do I start ? Thanks so much

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,104 satisfied customers
My Dad died at a nursing home and I am trying to get his

My Dad died at a nursing home and I am trying to get his medical recirds. The director says I need a certificate "from the court" indicating I am a distributee. My Dad did have a will and named my brother as Executor. He has not been appointed yet by the court. How do I get this certificate? Can I get it myself or do I need a lawyer? Thanks.

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Damien Bosco

Attorney

Doctoral Degree

3,078 satisfied customers
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
Ray, This was filed and I do not know if you do real estate

Hi Ray,This was filed and I do not know if you do real estate but this is such a confusing mess these attorneys have created and the sheriff's office said they only auction home that have back taxes or are foreclosed on, they never heard of anything life this.Do you think I can submit the memorandum to the court because it was filed in the circuit court and then combined in probate with my mothers estate. My son was the only defendant not myself and he is not an owner. Also, I want my son's name removed because they are now filing us as debtors and we owe nothing, I paid and still paying the mortgage off because I combined in on my home loan.This attorney puts the value at $30K combined with what he is trying to blackmail me on my mother and for x amount of $ he told me over the phone this can all go away. He put it in writing as a demand letter, and I told him what I told my attorney this is blackmail/extortion and neither of them deny it.They have it filed under the circuit court and probate court because they combined it with my mother's but it is submitted with the circuit court number on one and the probate on the other. On the one titled more nonsense it has the name and address of judgment debtor, so can I file one with them since they owe me 1/2 of the $103K that I paid off after my sister died against her estate. Thank you.

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RayAnswers

Lawyer

Doctoral Degree

35,806 satisfied customers
I am the executor of an estate. I am also a beneficiary of

I am the executor of an estate. I am also a beneficiary of the estate. The decedent of the estate made a clear promise of money to me in the presence of a witness. The money promised far exceeded the wills allotment to me. Do I have a legal claim against the estate? If so, how does that impact my function as executor?

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Marsha411JD

Doctoral Degree

18,946 satisfied customers
I am the beneficiary of a will a friend executed in 2015. My

Hi, I am the beneficiary of a will a friend executed in 2015. My friend died last month. She has no living family and no other heirs. I was contacted by a former son-in-law of my friend (her deceased daughter's husband) who has a will she executed in 2013. He is filing in probate court. What should I do, if anything?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: OklahomaJA: Has anything been filed or reported?Customer: Not yet. He informed me today of his intentions.JA: Anything else you want the lawyer to know before I connect you?Customer: My deceased friend never informed me that there were any previous wills, but my will states that it supersedes all previous ones. I took care of this lady like a daughter.

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Alex Esquire

Managing Attorney

Doctoral Degree

22,084 satisfied customers
How to get a trustee transferred to a non-partisan person

We are caring for a person "Phyllis" with special needs, declared mentally disabled since a child. We live in Texas and the Trust left by her deceased mother was issued in under probate court in Southern California. In short summary we removed Phyllis from the home she resided in California to live with us in November 2014, because she was taken advantage of financially by the Trustee and there was some mental abuse. All of which can be confirmed by her therapist. The only asset in the Trust is the family home. The trustee who is not related to the family resides in the home, with her significant other, and disabled son. We are wanting to get the trustee transferred to a non-partisan person to administrate the trust.The trust was issued in California and we live in Texas.I was unable to obtain proof of bills paid on behalf of the household from the Trustee. Keeping in mind the home has no mortgage, so the only bills are insurance, property taxes, utilities and maintenance. We can obtain copies of the checks written from Phyllis to the Trustee for rent. She only made approx $900 a month between SSDI and SSI and she was contributing $725 per month. There were 3 other adults living in home.Phyllis currently is residing in an RV on our property but its got some weather damage. We are wanting the Trustee to either refinance the property or sell it to help purchase a cabin to replace the RV.

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
A man wishes to file a disclaimer of his share of a trust.

A man wishes to file a disclaimer of his share of a trust. There are two co-trustees, each in a different location. Must he timely file with both for the disclaimer to be qualified, or is it sufficient for him to timely file with just one of the two co-trustees?

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jb156200

Associate Attorney

Doctoral Degree

180 satisfied customers
I need to file an Appeal to a Probate Court decision and

I need to file an Appeal to a Probate Court decision and orders of the Court. My brother is the executor of my Mother's estate. Clearly, the judge did NOT read the will. My sibling is guilty of breach of fiduciary trust, perjury and contempt of court. I live in Virginia. The court is in Oklahoma. Advice?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: OklahomaJA: Has anything been filed or reported?Customer: We have a trust will. The trust states that if any of the 3 heirs pass away, the estate is split in half between the survivors. My Brother has added our deceased brother in and now claims that the executor was the deceased sibling's only heir.JA: Anything else you want the lawyer to know before I connect you?Customer: The will is not being accurately followed. I had to hire an attorney last year to enforce the will. My attorney passed away. I paid all outstanding balance for his work.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
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