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Recent Probate questions

In a probate case when fraud is committed by the plantiff in

In a probate case when fraud is committed by the plantiff in an attempt to gain estate assets can reasonable court costs and atty fees be recovered?Also, if the probate is being tried in Alaska and the plantiffs are in Minnesota can the plantiffs be made to pay the judgement?

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Alex Esquire

Managing Attorney

Doctoral Degree

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This is an continuation of my original question: My Father's

This is an continuation of my original question: My Father's family never acknowledged me as his daughter. I have had zero contact with any of them. The last time I spoke to my Father was 21 years ago. He wasn't a perfect Father but he was my Father none-the-less. His assets are substantial. His sister has no intention of giving me anything. She is very wealthy and I believe she will spend a considerable amount of money and time to make sure I do not inherit one penny. I think I am in for an uphill battle unless I have the law on my side.

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RayAnswers

Lawyer

Doctoral Degree

35,806 satisfied customers
What is the role of a fiduciary and Testator is the Testator

What is the role of a fiduciary and Testator is the Testator the person who is willing the property

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RayAnswers

Lawyer

Doctoral Degree

35,806 satisfied customers
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

47,122 satisfied customers
How do I file a petition to become executor for my deceased

How do I file a petition to become executor for my deceased husband's estate or spousal property petitition. He does have a house he financed himself to a person and that person still sends me payments each month. This home is in West Virginia and I in Floruda and Tallahassee is where my husband passed away. He does have a 19 year old son by a previous marriage.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,122 satisfied customers
I live in NY state. I received and signed an informal

i live in NY state. I received and signed an informal accounting of my deceased fathers estate approx 3-4 weeks ago. How long does my sister who was the executor, have to distribute monies to myself and siblingsJA: Since estate law varies from place to place, can you tell me what state this is in?Customer: NYJA: What documents or supporting evidence do you have?Customer: what do you mean? I received a final accounting after all creditor were paid and signed it reluctantly as I believe it was not accurate....but signed as to not cause stress with the familyJA: Anything else you want the lawyer to know before I connect you?Customer: no thank you

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,056 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
There are several problems arising from my parents' estate

There are several problems arising from my parents' estate and probate. It is, or will be, probated in Chesapeake, VA, where my brother lives and is executor of the estate. I am giving you a lot of background, but I can fill you in with some actions my brother took upon himself while having power of atty for my father, grossly misusing his authority, and hurting me financiallyMy father had Alzheimer's, and should have had a will, but . . . My brother recently found an old will dated 1996, in a box of old papers. For several reasons we can discuss, I am quite sure this will is invalid, because of its age, changes in circumstances, and serious problems with under age witnesses to the will (the atty that drew up the will is deceased). My brother is attempting to locate his widow in GA, apparently believing he can still get the will probated. Two of the witnesses were apparently the attorney's underage children, 14 years old, I believe. I have an extremely difficult time getting my brother to share info or documents relating to the estate. For example, there is an insurance policy he refuses to give me any details about. How much? Who is the beneficiary, both of us?Being without a will, the family made certain directives for my brother to follow, which he now refuses to do, to his advantage.I have had cancer and have been living on disability for many years, with my father's very generous financial help. My parents were extremely worried I would not have enough to live on once they were gone, and spoke with my brother about this, and made it clear he was to follow their instructions for me to receive $ left after the estate was closed. (Brother is set well financially) With this old will stating the two of us split any $, he is desperately trying to validate the 1996 will. So much time has passed, and both parents required assisted living care for several years, that much of the $ has been depleted, and at this time, would probably not leave either of us any windfall, particularly if divided in half.

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Attorney2

Doctoral Degree

7,096 satisfied customers
OREGON question. Father passed away. No Probate will be

OREGON question. Father passed away. No Probate will be done. His mortgage company sent me a check in my father's name and my name to reimburse his home owners insurance. If I cash this check do I open myself up to be liable for costs associated with probate or his estate?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: OREGONJA: What documents or supporting evidence do you have?Customer: checkJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
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