Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

I have a friend in prison in Ohio whose family lives in N.E.

Customer Question
I have a friend in...
I have a friend in prison in Ohio whose family lives in N.E . Tennessee. His father passed away last month and has a piece of land with three mobile homes. A daughter lives in one, a son in the other and he in the third. Two days before he died the daughter had everyone leave the hospital room and had the father sign over his home to her. The land is supposed to be deeded to all three kids but has not been registered. The daughter took all the important paperwork out of the home so my friend has no idea what's going on? Family does not get along.Father did not have a will. Not sure how I can help him? Thanks.
Submitted: 1 year ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 4 minutes by:
9/27/2016
Estate Lawyer: LegalGems, Attorney replied 1 year ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 10,873
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Estate Law Question
Estate Lawyer: LegalGems, Attorney replied 1 year ago

I am sorry to hear that your friend is going through this; in order to dispute the will, this is going to require an attorney.

Basically, if a party exercises undue influence the will can be voided. Undue influence occurs when a vulnerable (aging,ill, etc) person is unfairly influenced (manipulated) by a person, usually a person in a position of trust (ie relative). The undue influence causes that person to change their will, usually excluding all other relatives.

The more vulnerable the individual is the easier it is to prove the undue influence.

Also, one needs to have mental capacity to change a will; if the individual was so ill that he did not have mental capacity, the will is voided. The person must understand the legal effect of the document they are signing.

Basically one needs to petition the court, challenging the will (a will contest). If the court determines there was undue influence or insufficient capacity, the will is thrown out and the property passes via intestate succession (ie to next of kin; so to all children equally for example)

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars *****

as I strive to provide my customers with great service.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Ask Your Own Estate Law Question
Estate Lawyer: LegalGems, Attorney replied 1 year ago

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

Ask Your Own Estate Law Question
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 10,873
10,873 Satisfied Customers
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor

LegalGems 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

5,061 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
HUSBAND PASSED AWAY INTESTATE TWO MONTHS AGO. HUSBAND
HUSBAND PASSED AWAY INTESTATE TWO MONTHS AGO. HUSBAND ACQUIRED REAL PROPERTY DURING MARRIAGE AND TITLED IT: "A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY." WIFE SAYS HE USED MONEY HE EARNED DURING … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
I need some help on a Texas probate intestate matter. Death
I need some help on a Texas probate intestate matter … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,881 satisfied customers
If my mother dies before my grandfather and he is intestate
If my mother dies before my grandfather and he is intestate am I entitled to a portion of his estate? He had two other children who were alive at the time of his own death. They did not probate his as… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
When an adult person dies intestate and her name is on the
When an adult person dies intestate and her name is ***** ***** title of a house in Brooklyn, NY, as a 50 percent owner and has no husband or children, but has parents, does the house transfer in titl… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My brother died 2 weeks ago intestate. No wife ir children
My brother died 2 weeks ago intestate. No wife ir children only siblings . Administrator of estate is in process. He had a vehicle titled in his and another persons name (and/or). I hsve not seen the … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
Father died intestate, house only in his name. During
Father died intestate, house only in his name. During procedures to claim ownership, heirs now only have 1 week to produce medical information to prevent MassHealth Recovery by selling family home. Ne… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
S father died intestate in 2007. He owned a one-family house
Jane's father died intestate in 2007. He owned a one-family house outright at the time of his death. Jane's father was survived by his 7 children, all over 21 years old. No action was ever brought to … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
What happens if someone dies intestate and is in both
What happens if someone dies intestate and is in both chapter 11 and chapter 13 bankruptcy proceedings?… read more
socrateaser
socrateaser
1,031 satisfied customers
Second opinion] My cousin died intestate and his parents
Second opinion] My cousin died intestate and his parents died before him and he had never married so 1/2 goes to the mother side and 1/2 to the father sides. Now on the mother side 2 uncles died witho… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
A few weeks ago my wife passed away. She died intestate in
A few weeks ago my wife passed away. She died intestate in New York State. We have two houses held in joint ownership, a checking account also jointly held. She owned 3 cars, 2 checking accounts, and … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,451 satisfied customers
In Connecticut, when someone dies intestate, there is no
In Connecticut, when someone dies intestate, there is no spouse, children, siblings or surviving parents, or surviving aunts/uncles. I understand the estate goes to the next of kin. In this case , 4 f… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
Second opinion] In Connecticut, when someone dies intestate,
Second opinion] In Connecticut, when someone dies intestate, there is no spouse, children, siblings or surviving parents, or surviving aunts/uncles. I understand the estate goes to the next of kin. In… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,051 satisfied customers
Second opinion] In Connecticut, when someone dies intestate,
Second opinion] In Connecticut, when someone dies intestate, there is no spouse, children, siblings or surviving parents, or surviving aunts/uncles. I understand the estate goes to the next of kin. In… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
Second opinion] In Connecticut, when someone dies intestate,
Second opinion] In Connecticut, when someone dies intestate, there is no spouse, children, siblings or surviving parents, or surviving aunts/uncles. I understand the estate goes to the next of kin. In… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Who is in charge when a person dies intestate? Wyoming, No
Our daughter just died and we need to know where to start to take care of her affairs.… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Looking for guidance how to handle my fathers intestate
Looking for guidance how to handle my fathers intestate passing … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Dying intestate in texas prior to 1993 before the law
Dying intestate in texas prior to 1993 before the law changed … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Filed an intestate informal proceeding with the probate
filed an intestate informal proceeding with the probate court, I was sent for personal representative: Part 7: Duties and powers of personal representatives and Part 8: Creditors' Claims. So much info… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 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