Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

I have come across a "note" of a deceased person who has not

Customer Question
Hey, I have come across...
Hey, I have come across a "note" of a deceased person who has not mentioned the "mortagage" in his will. All his assets have gone to neighbors who helped care for him in his final years but the note was not part of his will. How can I acquire the note?
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 6 minutes by:
10/23/2015
Estate Lawyer: RayAnswers, Attorney replied 2 years ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 43,535
Experience: Texas lawyer for 30 years in Estate law
Verified

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.Here probate if closed would need to be reopened to collect the income from the note.If there has been a default the estate can seek to foreclose.

The asset note here would fall under the residual clause if there was one otherwise the probate court has to determine who inherits it.

Most wills have one of these..

I give the rest of my estate (called my residuary estate) to my husband, Tex. If he does not survive me, I give my residuary estate to those of my children who survive me, in equal shares, to be divided among them and the descendants of a deceased child of mine, to take their ancestor's share per stirpes.

It would fall under this.The executor is obligated to pursue the collection here of the funds for the benefit of the estate once it is made known to him.

I appreciate the chance to help you today.
Please let me know if you have more follow up.Thanks again.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 2 years ago

Check the will it likely has a residuary clause similar tot he sample above.

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
Will did not go to probate. Was dealt with as a "simple" will. State is Michigan, so "here" in your answer is NOT of any value to me.
I am not related to the deceased. What are my options to claim the note?
Estate Lawyer: RayAnswers, Attorney replied 2 years ago

Then here you return to court and the probate judge may apply the laws of intestacy if the will has no residual clause.

Here is the will I think you reference and here is the clause in that will.

2.3 ALL OTHER ASSETS.

I give everything else I own to my spouse. If I am not married at the time I sign this will or if my spouse dies before me, I give these assets to my children and the descendants of any deceased child. If no spouse, children, or descendants of children survive me, I choose 1 of the following distribution clauses by signing my name on the line after that clause. If I sign on both lines, if I fail to sign on either line, or if I am not now married, these assets will go under distribution clause (b).

Distribution clause, if no spouse, children, or descendants of children survive me.

(Select only 1)

(a) One-half to be distributed to my heirs as if I did not have a will, and one-half to be distributed to my spouse's heirs as if my spouse had died just after me without a will.

_________________________________

(Your signature)

(b) All to be distributed to my heirs as if I did not have a will.

_________________________________

http://www.legislature.mi.gov/%28S%28tdxlerisw02r52lc2qansa3h%29%29/mileg.aspx?page=getobject&objectname=mcl-700-2519&query=on&highlight=statutory%20AND%20will

You cannot claim the note except through a probate proceeding where you are legally awarded it here.Sorry that the only way you have legal authority to inherit it.

Thanks again.

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
I am again concerned by the " here" clause as I am referring AND need the answer to be specific to the state of MICHIGAN.
Please let me know if you can answer on the specific laws of this state....
Estate Lawyer: RayAnswers, Attorney replied 2 years ago

I will opt out here and leave this for Michigan lawyer.Please do not reply or rate as they will pick it up.Thanks for your patience.

Ask Your Own Estate Law Question
Estate Lawyer: N Cal Attorney, Attorney replied 2 years ago
N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9,442
Experience: Since 1983
Verified

New Expert here.

Since you are not related to the decedent, why do you think you have any claim to the note?

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
N Cal, I do not think I have a claim. I want to buy the note. The property it is attached to cannot be sold until the mortgage has been paid in full. The deceased had the title document but as I understand he did not manage to collect the outstanding amount before passing and also failed to include it in his will.
Estate Lawyer: N Cal Attorney, Attorney replied 2 years ago

A will does not have to mention every item of property owned by a testator.

Did the Will use clause A or clause B which you quoted before?

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
I did not quote an A or B clause and do not know what that means.
Estate Lawyer: N Cal Attorney, Attorney replied 2 years ago

The prior Expert posted part of a Will that he said he thought was the will relevant here:

(a) One-half to be distributed to my heirs as if I did not have a will, and one-half to be distributed to my spouse's heirs as if my spouse had died just after me without a will.

(b) All to be distributed to my heirs as if I did not have a will.

That is what I was referring to.

Do you have a copy of the Will?

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
I will try to obtain a copy and/or get this detail. It might take me a while to do this......is that ok?
Estate Lawyer: N Cal Attorney, Attorney replied 2 years ago

Yes, you can take as much time as you need and then post in this thread to tell me. Once I know what the Will says I should be able to determine who owns the note.

Ask Your Own Estate Law Question
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9,442
9,442 Satisfied Customers
Experience: Since 1983

N Cal Attorney 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

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,414 satisfied customers

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

RayAnswers

RayAnswers

Attorney

43,535 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,015 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,839 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,451 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,162 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Sold heir) of my late husband's (an attorney) estate. I have
I am PR (and sold heir) of my late husband's (an attorney) estate. I have been collecting fees due him from former client (minor represented by guardian/mother, who also was a clientr). I feel that cl… read more
RayAnswers
RayAnswers
Attorney
43,535 satisfied customers
As an heir to my mother's estate, I am having a great deal
As an heir to my mother's estate, I am having a great deal of difficulty with the lawyers. My lawyer is rude and demeaning. The lawyer HE put in place because of the legal issues with my brother (usin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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
416 satisfied customers
My aunt is sole heir on her brothers estate we have been
My aunt is sole heir on her brothers estate we have been wondering if it is easier to just leave the house in her brothers name rather than going through probate, which can be very expensive, the hous… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I am the sole heir for my mother's estate, the Executor for
I am the sole heir for my mother's estate, the Executor for her will, and the Trustee for the Trust her estate is in. The main item in the Estate is a Co-Op apartment. Because the Trust means there wi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 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
5,414 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
416 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
10,212 satisfied customers
I am a heir to an estate my wife and I have lived in the
I am a heir to an estate my wife and I have lived in the house since it was purchased, a sibling who lives out of state is the exsecator of the estate is trying to evict me. I purchased her interest y… read more
ScottyMacEsq
ScottyMacEsq
Attorney
Doctoral Degree
1,162 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
43,535 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
5,414 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
416 satisfied customers
Should heirs named in a will get inventories of estate, Wv,
Should heirs named in a will get inventories of estate … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 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
I am the sole heir of my fathers estate through a living
I am the sole heir of my fathers estate through a living trust. How do I take possession of his condo and what docs do I need to do it. No probate and not contested.… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
As executor and sole heir of an estate, in New York State,
As executor and sole heir of an estate, in New York State, what is the process after the person has died? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
There are 8 heirs to my mother's estate. if one of the heirs
There are 8 heirs to my mother's estate. if one of the heirs pays the taxes on her properties do those properties become his? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,451 satisfied customers
Can heirs be paid hourly from estate funds before the estate
can heirs be paid hourly from estate funds before the estate closes for work done to prepare, clean and fix real estate for sale?… read more
RayAnswers
RayAnswers
Attorney
43,535 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