Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law
This answer was rated:

May 10, 2013 TMcJD answered an estate law question for me.

May 10, 2013 TMcJD answered...
May 10, 2013 TMcJD answered an estate law question for me. TMcJD stated the fact my brother had convinced my mother to sign her property over to him would likely override any will she had, therefore I would probably not be able to convince a court that her will should be honored.

However, another fact has occurred to me. In 2012, I paid the property tax on the part of the property that the house was on. Also, in 2012, the basement flooded and my wife, my son, and I traveled 350 miles one way to move all the furniture from the basement, and also bought a dehumidifier for $350.00 to dry it out.

This seems to me that it should indicate that I had an ongoing interest in the property, and my brother and I had an ongoing agreement regarding the property.
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 3 minutes by:
5/28/2013
Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 34,315
Experience: Estate Law Expert
Verified

JD 1992 :


Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.


JD 1992 :

Were you wanting to speak with TMcJD or just any expert in Estate Law that was available?

Customer:

TMcJD

JD 1992 :

I will send this to him.

Ask Your Own Estate Law Question
Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6,516
Experience: Wills, Trusts, Probate & other Estate Matters
Verified
Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

Unfortunately the information you have provided is not sufficient to establish any type of interest in the property. If the property was in your mother's name only, then it is part of her probate estate. If the will she has is not contested and defeated and that will leaves everything to your brother, then the property is his. He could not make an agreement with your during your mother's lifetime with regard to the property because he had no interest in it at that time.

The only thing you might be able to claim is that those are expenses for which you should be reimbursed from her estate as part of the probate administration process.

I'm sorry to be the bearer of bad news again, but the law just doesn't make these situations easy. As previously noted, her new will controls unless you can defeat that will by contesting it on the basis that she lacked testamentary capacity or that she was unduly influenced. Both arguments are difficult and not usually successful.
Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6,516
Experience: Wills, Trusts, Probate & other Estate Matters
Verified
Thomas McJD and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Ask Thomas McJD Your Own Question
Thomas McJD
Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6,516
6,516 Satisfied Customers
Experience: Wills, Trusts, Probate & other Estate Matters

Thomas McJD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

6,516 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Is it necessary to probate a will when the only beneficiary
Is it necessary to probate a will when the only beneficiary is the spouse of the deceased? … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
We are in probate in Idaho over my late husbands estate.
We are in probate in Idaho over my late husbands estate. According to his will have goes to me and half to his children. His son is the PR.My question is this:What debts should be paid by the estate? … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding what my options are to deal with an attorney and personal representative that are not … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
Are you familiar with estate (possible probate) laws in NY
HI there! Are you familiar with estate (possible probate) laws in NY state? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding the annual accounting. The personal representative was appointed in August of 2016 and… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
I am selling a home. The probate for my moms estate closed
I am selling a home. The probate for my moms estate closed over two years ago … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Do all assets of a estate freeze once probate has begun?
Do all assets of a estate freeze once probate has begun?What happens when a creditor and debtor can not settle a debt in probate? Does a judge ultimately decide?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am an heir in an estate that is being probated in the
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distributi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
475 satisfied customers
My mothers estate is in probate court, due for a final
hello pearl, my mothers estate is in probate court, due for a final motion to end, i believe my brother and sisters are trying to eliminate me from her assets. I have been homeless for about 2 years, … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
For a probate estate in Pennsylvania in which (1) there is a
For a probate estate in Pennsylvania in which (1) there is a will and (2) the executor is the sole heir with authority to sell the property, does the executor need to petition the Court for approval t… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
475 satisfied customers
I need an Oregon Estate/Probate to clarify if there is any
I need an Oregon Estate/Probate to clarify if there is any difference when it comes to compelling the Trustee to pay beneficiaries according to the instructions in the trust. I have already had the ve… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Dealing with initiating a probate case for my fathers estate
dealing with initiating a probate case for my fathers estate valued at less than 70,000 … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I need advice regarding probate / estate law in NYs, I said
Hi..... I need advice regarding probate / estate law in NYs … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
Second opinion] Family estate; not probated: Parents- Father
Second opinion] Family estate; not probated: Parents- Father & Mother is dead; oldest son dies after parents; all siblings has died; some siblings has children; oldest son wife dies after him, they ha… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Family estate; not probated: Parents- Father & Mother is
Family estate; not probated: Parents- Father & Mother is dead; oldest son dies after parents; all siblings has died; some siblings has children; oldest son wife dies after him, they have no offsprings… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
475 satisfied customers
I have a question concerning wills and estate probate. I am
Good afternoon - I have a question concerning wills and estate probate. I am the oldest son with sister and brother. We all live in Florida but different cities and are not close (don't communicate). … read more
Ely
Ely
Counselor at Law
Juris Doctor
1,841 satisfied customers
Can the administrator of an estate in probate borrow against
Can the administrator of an estate in probate borrow against the equity of the house (part of the estate) to pay off creditors?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x