Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

My parents died without a will,my sister says everything was…

Customer Question
My parents died without a...
My parents died without a will,my sister says everything was left to her! There was a living will but it was destroyed with no copies!she and my brother are looting the estate money's life insurance etc and now she says house is all hers too! They made her sign a quit claim 6 months before she died she told me 2 days before she died what they were doing
Submitted: 4 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 minute by:
10/20/2017
Estate Lawyer: jb156200, Attorney replied 4 months ago
jb156200
jb156200, Attorney
Category: Estate Law
Satisfied Customers: 648
Experience: I am a Probate Attorney practicing in Tampa, Florida.
Verified

Hello. My name is ***** ***** I am a licensed estate attorney. I hope I may be of assistance with your issue. Please remember to rate my answer at the end of this session. Thank you!

Ask Your Own Estate Law Question
Estate Lawyer: jb156200, Attorney replied 4 months ago

I wish I could say these types of situations are rare but unfortunately I see it all the time in my practice. First, since your parents died without a will, that means they died intestate.

Ask Your Own Estate Law Question
Estate Lawyer: jb156200, Attorney replied 4 months ago

Only assets that would have passed through a will are affected by intestate succession laws. Usually, that includes only assets that an individual owns alone, in sole name.

Many valuable assets don’t go through the will, and aren’t affected by intestate succession laws. Here are some examples:

  • property you’ve transferred to a living trust
  • life insurance proceeds
  • funds in an IRA, 401(k), or other retirement account
  • securities held in a transfer-on-death account
  • payable-on-death bank accounts
  • real estate held by transfer-on-death or beneficiary deed, or
  • property you own with someone else in joint tenancy or tenancy by the entirety.

These assets will pass to the surviving co-owner or to the beneficiary named, whether or not there is a will.

Ask Your Own Estate Law Question
Estate Lawyer: jb156200, Attorney replied 4 months ago

In Oregon, when you die without a Will, then the children of decedent, inherit an equal share of the estate.

Ask Your Own Estate Law Question
Estate Lawyer: jb156200, Attorney replied 4 months ago

Before I move on to the deed I want to make sure you understand intestate and what happens when someone dies without a Will. Please let me know if you need any clarification.

Ask Your Own Estate Law Question
Customer reply replied 4 months ago
We live in az and she has done something's s horrible to my mom refusing her life saving cancer surgery that she literally took her out of state so she could not have it! Az probate attorneys tell me she has made mistakes in her lied
Estate Lawyer: jb156200, Attorney replied 4 months ago

You are correct. I to first explain what happens when someone dies without a Will. I now want to talk about the actions of your sister. You are going to need to hire an attorney to file a lawsuit against your sister for her actions against your mother. You will want to challenge the validity of the deed. To have the deed invalidated you will need to prove that your mother was incompetent or that she was coerced by your sister.

Ask Your Own Estate Law Question
Was this answer helpful?
Ask jb156200 Your Own Question
jb156200
jb156200
jb156200, Attorney
Category: Estate Law
Satisfied Customers: 648
648 Satisfied Customers
Experience: I am a Probate Attorney practicing in Tampa, Florida.

jb156200 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
My mother died in Arizona intestate and left her house. My
My mother died in Arizona intestate and left her house. My understanding is the children of the decedent share the property in equal shares but my sister who passed away in Nov. 2017 son says he shoul… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 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
Is the living member of a living trust...as in I and
Is the living member of a living trust...as in Juan I and Graciela *****Hernandez Living Trust...Juan dies...does Graciela have to tell the benificiaries of the living trust they are beneficiaries?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
My wife had a small estate in Maryland. The probate closed
My wife had a small estate in Maryland. The probate closed her estate due to being insolvent. She had bank account with $7000. I had to pay out of pocket for funeral cost. My question: is legal for me… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am the executor of an estate. The house is in probate
Hello. I am the executor of an estate. The house is in probate court. The child of the decedent now want to sell the house. What rights does he have and what should I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,066 satisfied customers
My father passed away in Arizona. He had a living trust
My father passed away in Arizona. He had a living trust covering the majority of his assets. However, he did not have his home in the trust. He had recently moved and forgotten to add it. The home is … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 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
7,341 satisfied customers
If a person dies and they have a living trust and will but
If a person dies and they have a living trust and will but family had them create a new will does that void the living trust? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My husband passed away intestate...has a small estate
My husband passed away intestate...has a small estate consisting of a car. I would like to sell it, should I get an estate lawyer. My husband has a few credit card bills I need to pay. CC were only in… read more
LawGuy
LawGuy
Juris Doctor
123 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 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
Attorney
648 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
7,341 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
Attorney
648 satisfied customers
While going through living trust, probate, can sn attorney
While going through living trust, probate, can sn attorney 'hold' in reserve money from a living trust?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 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