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Recent Probate questions
My mom's lawyer didn't tell us that we needed to file her
My mom's lawyer didn't tell us that we needed to file her pour over will with the probate court when we met with him in May. Our mom passed away in April. Will we have to pay some sort of penalty to the Court since it's been so long?JA: Since laws vary from place to place, what state is this in?Customer: CaliforniaJA: What documents or supporting evidence do you have?Customer: We have her trust and pour over will.JA: Anything else you want the lawyer to know before I connect you?Customer: Not that I can think of.
I am executor for my uncle's will. I saw a message on
I am executor for my uncle's will. I saw a message on internet that usual executor reimbursement for Texas was 5% of estate. His estate is small, so this fee would not amount to much. Can I charge by itemizing time (He had a reverse mortgage that I had to make numerous phone calls about, DISH network that I fought with for ages, several creditors that required numerous phone calls, plus driving 100 miles round trip to his house to clean it out, talk with bank, cut off utilities, etc.) If I can itemize these expenses and use that instead of the standard 5%, how much do I charge for hour of time (travel, phone, emails, etc.). Do I also charge for gas (I have dates and know total mileage but not always start/stop odometer readings.) Thanks
My sister is executor on my Aunt's will. She has given a
My sister is executor on my Aunt's will. She has given a considerable amount of business to the law firm handling the probate. I am one of three beneficiary's. When I email the attorney for an update she never answers. I have to have my personal attorney call her for an answer, always the same answer, "a couple of days away from getting the paperwork". Does the attorney handing the probate have an obligation to keep me updated?
The Virginia Department of Health is of course closed over
The Virginia Department of Health is of course closed over the weekend, but the website states only close family members can obtain a death certificate- spouse, children, etc. They have been divorced for many years.She has been to the office that handles the titles many times ( Sorry, I am in Virginia, and not FL, so we are corresponding by phone), and was told that a death certificate was required from the deceased parent, to prove she is the sole survivor. How does she file such an affidavit? What office? Will they still require a death certificate?
We have several properties in Oklahoma where my late wife
We have several properties in Oklahoma where my late wife and I hold mineral rights as "Husband and Wife". The payments are very small from the current leases on the property as it is split between several family members ( it is a 1/16th split). The payments are less than $1k per year. How can we transfer the rights without probate in the state?
My sister has died, There is no spouse or children, no
Hi. My sister has died, There is no spouse or children, no parents, just 2 brothers. She probably only has a few dollars in her account, and a wreck of a car. Can we just give everything to Goodwill and call it done, or do we have to get a hearing and file a small estate affidavit?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: This is in Texas.JA: Have you talked to a lawyer yet?Customer: No I haven't.JA: Anything else you think the lawyer should know?Customer: No.
My daughter-in-law's sister has not received the requiredView more estate law questions
My daughter-in-law's sister has not received the required monthly payments from the administrator for the last four months, and the administrator will not answer any phone calls except to say "Do not contact me anymore". The sister lives in Thailand, and the administrator is in Idaho. The administrator is the brother of the deceased, and the sister is the wife of the deceased. The wife is the only living heir; half of the entire insurance money went to the estate of the administrator's mother (who is deceased and was the only other heir). The other half is supposed to go to the sister on a monthly basis. The insurance money comes from Caterpillar Company in Singapore and is deposited in the administrators bank account.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: The contract was signed by one heir and the administrator in Thailand and the other heir signed in Idaho. The Caterpillar legal counsel also signed the contract - but I don't know where he was when he signed.JA: Have you talked to a lawyer yet?Customer: No because we were advised by relative to try to find one in Idaho who can serve papers on administrator.JA: Anything else you think the lawyer should know?Customer: That the administrator does not like the sister. Also the marriage license in from Thailand.