Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My name is ***** *****. I have a question about an estate.

Customer Question
My name is *****...

My name is ***** *****. I have a question about an estate. Thanks.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

My father died. Very few assets. Just a car. Life insurance policy. Does anything have to be filed with the court?

Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 16 minutes by:
1/20/2016
Estate Lawyer: Richard, Attorney replied 2 years ago
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 57,240
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified

Hi there. My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information? In what state did your dad reside at the time of his death? Who there a named beneficiary on the life insurance policy? Thanks.

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
Father died in FL. Children are listed as beneficiaries. The only thing in father's name is: credit card debt, bank account, IRA in Canada, car.My father's townhouse was in an irrevocable trust with children as beneficiaries.My understanding is that probate has to be filed with court for assets/debts in my father's name. The irrevocable trust and life insurance policy are not part of probate, because not in his name.
Does this sound correct? Thanks.
Estate Lawyer: Richard, Attorney replied 2 years ago

Thanks for following up. Yes, that does sound like you've got a handle on things. The following assets would not be required to go through probate: : i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts. If the bank account and car are worth less than $6,000, then you can dispose of the assets without an administration/probate. If over $6,000 but under $75,000, you can do a summary administration, which is a very simple probate process.

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 57,240
57,240 Satisfied Customers
Experience: 29 years of experience practicing law, including tax and estate planning.

Richard 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

5,908 satisfied customers

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

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
We live in Illinois. My father died last week. The home is
Hello:We live in Illinois. My father died last week. The home is paid for and has no liens etc, and is deeded jointly to both mom and dad. There are life insurance policies and a pension where my moth… read more
Jessica B
Jessica B
Juris Doctor
1,709 satisfied customers
I am a 26 year old college student with a part time job to
I am a 26 year old college student with a part time job to pay for college. My father passed when I was 12, my mother just passed. She has no home, a leased car, less than 2k in medical bills, $1500 i… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I'm in California and my son died in a car accident in July.
I'm in California and my son died in a car accident in July. … read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
My dad died with $1,300 in checking and an old car and his
My dad died with $1,300 in checking and an old car and his household furnishings, that's it. he has over $10,000 in credit card debt. he left me a $20,000 life ins. for funeral expenses. What do I do … read more
Thelawman2
Thelawman2
Doctoral Degree
1,752 satisfied customers
My dad died. He named s children beneficiaries of s IRA,
Hello. My dad died. He named his children beneficiaries of his IRA , CD's. His spouse ( who is not our mother) is claiming these are to be part of the estate as "non probate transfer" assets and there… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My brother died in ohio. he has no wife or children. He has
my brother died in ohio. he has no wife or children. He has very little in assets.What do his siblings to to due to fi finalize his estate?… read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers
Life Insurance Question. Policy purchased in Kentucky. All
Life Insurance Question. Policy purchased in Kentucky. All parties died in Kentucky. Grandfather took out life insurance on son (my father) in 1948 and grandfather himself the beneficiary should his s… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My husband died in nov of 12. His father paid for an life insurance
My husband died in nov of 12. His father paid for an life insurance policy years ago and he was the benefactor. Since then he also has died. I need to know if I need to go through probate. The insuran… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,543 satisfied customers
MY granddaughters father died last year. She was 18. Her step
MY granddaughter's father died last year. She was 18. Her step mother took the life insurance and paid off all debt, including their house, where she lives with her 3 young children. My granddaughter … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,404 satisfied customers
My ex husband died in 2008 we were married 25 years, we were
My ex husband died in 2008 we were married 25 years, we were divorced in 1995, he remarried and lived with his second wife for 13 years, he died intestate, his wife has never filed in probate court an… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,522 satisfied customers
My father just recently (3 Days ago) passed away in Georgia.
My father just recently (3 Days ago) passed away in Georgia. He was not married at the time and my sister and I are the only children. He left no will and about 80k in debt including his house. He had… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My father and my sister were the executors of my mothers estate.
My father and my sister were the executors of my mother's estate. I have never suspected that anything untoward was ever done until just recently. She died in 1999. I ordered a copy of the will in Ten… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
My father died in Feb. He was living with a lady for over 10
My father died in Feb. He was living with a lady for over 10 years. My brother and sister came and cleaned out all of his personal things and took his car. My question is: I don't have any proof of wh… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
MY FATHER-IN-LAW DIED IN OCTOBER 2010. MY HUSBANDS SISTER
MY FATHER-IN-LAW DIED IN OCTOBER 2010. MY HUSBAND'S SISTER IS EXECUTRIX (SP?). THERE WAS A WILL (YEARS AGO) NAMING MY HUSBAND AND HIS SISTER AS BENEFECIARIES. HE LIVED IN INDIANA AND DIED THERE ALSO. … read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
Im trying to convince my dad who is dying soon to let his
I'm trying to convince my dad who is dying soon to let his house go back to the bank. He owes more than it's worth and doesn't have enough life insurance to pay the balance upon his death....my questi… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,187 satisfied customers
Our son (age 45) died suddenly in Los Angeles where he lived
Our son (age 45) died suddenly in Los Angeles where he lived and worked fro the past 2 and a half years. He rented, had no car or property in CA. We live in MS. Do we need a CA attorney for probate?… read more
GoLaw
GoLaw
Doctoral Degree
751 satisfied customers
My father died on Thanksgiving last year. My mother preceded
My father died on Thanksgiving last year. My mother preceded him in death three years before that. They had moved to the same town and across the street from my half brother. When my mother died (she … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,467 satisfied customers
My 78-year-old father in law is in hospice and death is likely
My 78-year-old father in law is in hospice and death is likely to occur within the next few days. He is someone with very little income and very few assets. He lives in a senior apartment complex. His… read more
Marcus Parker
Marcus Parker
Doctoral Degree
244 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