Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was willed a piece of property from a deceased brother and…

Customer Question
I was willed a piece...
I was willed a piece of property from a deceased brother and I want to put my name on my portion of the land. One of my siblings who also was named in the will passed recently and he had a live in girlfriend who will not cooperate with signing a disclaimer and I want her to show proof of a marriage which she cannot because they were not married. What is your advise?
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 11 minutes by:
3/1/2016
Estate Lawyer: Irwin Law, Attorney replied 2 years ago
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7,559
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Verified

When one inherits property, the way their "name is ***** ***** the property", is a complex issue involving the distribution of his estate. Generally, the executor of the estate whose duty it is to carry out the terms of the will, issues deeds to those who inherited the decedent's real estate. Or, the probated will is simply recorded with the county recorder, and those who search title will pick up the names of the owners from that. As far as your deceased brothers share goes, you cannot force someone to disclaim an interest which they may or may not have. If you feel that your brothers share, or any part of it should've passed to you as his intestate heir, you will have to prove that in court, which could be in his probate estate. Otherwise, a person in your position could sue everyone in the family, plus the girlfriend etc.… to quiet title in his share. Typically this is not something that one can do without an attorney. It is a very complicated legal proceeding.

I am not an employee of Just Answer and I receive credit for assisting you based on your rating. I hope that you will enter a positive rating for my Answer by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.

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

Hello again. Do you have a follow-up question? I hope that you will enter a positive rating for my Answer by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.

Ask Your Own Estate Law Question
Was this answer helpful?
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7,559
7,559 Satisfied Customers
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters

Irwin Law 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

5,488 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
I inherited a property that has a tax lien on it of $14,000
I inherited a property that has a tax lien on it of $14,000 due to the city demolishing the house on it while my mother owned it. (They said it was a nuisance). the city tried to sell it to cover the … read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
My cousins and I have been contacted by Kemp & Associates regarding
My cousins and I have been contacted by Kemp & Associates regarding an inheritance. We are a little leary of their promises. Is there a way we can research this ourselves, without giving up 33% of the… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
I am researching petitioning the court order dispensing with
Customer: My name is ***** ***** I am researching petitioning the court for an order dispensing with administration for my father. He has a little over $5300 is the bank and $667 in 401K. He has a veh… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
Prior to a estate being settled in probate court, should a
prior to a estate being settled in probate court, should a attorney representing only 3 of 5 heirs be paid for his services prior to settlement? The other 2 heirs have their own attorney The estate is… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
We have an estate in probate in Missouri. How does this
We have an estate in probate in Missouri. How long does this take. Every time we call they give us a different date. It hasn't all been sent to the courts yet even though all paper work is done. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
Just a question on intestate succession. An aunt with no
Just a question on intestate succession. An aunt with no spouse and no children died back in the 70's. In 2015 the Colorado Payback office distributed her considerable estate to her heirs except one c… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Not really yet, I am an heir to a probate and would like to
Not really yet, I am an heir to a probate and would like to share an attorney with one of my cousin and my brothers and sisters. is that a conflict of interest? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
Jessica B
Jessica B
Juris Doctor
1,076 satisfied customers
Do we need an attny to do an intestate probate paper filing
Do we need an attny to do an intestate probate paper filing and about how much is the usual cost for this. My younger brother died recently, intestate, and has a very small estate (about $1500 in a ba… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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
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
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
Jessica B
Jessica B
Juris Doctor
1,076 satisfied customers
Can i force a succession in louisiana, if so how
can i force a succession in louisiana, if so how… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
A California citizen died, leaving among his estate assets
A California citizen died, leaving among his estate assets real property in another country. What specific law in California states that the disposition of that real property is governed by the law of… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
In the state of Kansas, when a person dies without a will ...
In the state of Kansas, when a person dies without a will and their death is filed 'in testate', according to the law the living spouse receives 50% of the estate and any children receive 50%. If the … read more
J D Haas
J D Haas
Trial Lawyer
Doctoral Degree
2,998 satisfied customers
As a trustee under California Probate Code Section 16061.7
As a trustee under California Probate Code Section 16061.7 with a revocable trust becomming an irrevocable trust due to death of the trustor, if the trustor was not married, and bore no children, do a… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
My mother passed away and has a reverse mortgage on home. There
My mother passed away and has a reverse mortgage on home. There is no will and my power of attorney expired and mortgage company has requested a letter of intent(I would like to retain home) and proba… read more
LegalGems
LegalGems
Juris Doctorate
11,979 satisfied customers
What is the statute of limitations on intestate wills
What is the statute of limitations on intestate wills for real estate?… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,841 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