Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

My sister died in June My olders sister and I are all her…

Customer Question
My sister died in...

My sister died in June My olders sister and I are all her living family.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Oregon but she lived in Fort Mohave az with a upside down mortgage

Lawyer's Assistant: Has anything been filed or reported?

We have some death certificates and are not sure what we have to do now.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She has a large amount of over due bills and beside her house she has a piece of empty property in Bullhead City Az and we are not sure if there is a clear title or an overdue mortgage on it.

Submitted: 6 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
8/2/2017
Lawyer: Loren, Attorney replied 6 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 36,345
Experience: 30 years experience representing clients.
Verified

I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

Ask Your Own Legal Question
Lawyer: Loren, Attorney replied 6 months ago

My condolences for your loss.

Is the estate solvent, or do the debts exceed the value of the assets?

Ask Your Own Legal Question
Customer reply replied 6 months ago
We are not sure. If the Bullhead city is clear that might have some value. We are leaning to the belief that she was way of the top in unpaid bills.
Her car is old and valueless and her furnishings were woth nothing. She had been very sick for the last 5 yrs and has a lot of medical bills. Was was on Medicare and we think medicaid.
Customer reply replied 6 months ago
What can sister and i do to settle this estate?
Lawyer: legalgems, Lawyer replied 6 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,900
Experience: Just Answer consultant at Self employed
Verified

I am sorry to hear of your family's loss.

If a person receives government subsidies, and the estate is not insolvent, the state can actually pursue "estate recovery" from the estate-basically seeking reimbursement for expenses paid on behalf of the decedent.

So the first step would be to determine the value of any assets to determine if the estate is insolvent. If it is insolvent there is no need to probate the estate- someone with a financial interest will likely probate it so that assets can be liquidated so they can recover their money (for example, government subsidies).

If there are in fact assets that exceed debt, then an interested party may petition the probate surrogate court in the county where the decedent last resided, as they have jurisdiction.

If there is propery located outside that state, "ancillary probate" needs to be opened in that state to dispose of that property.

If one assumes the role of personal representative it is best to hire an attorney since it is a fiduciary role and the fiduciary duties apply, exposing the personal representative to liability in the eent of any errors/negligence.

Please respond here if you have questions and I will do my best to assist!

Thank you.

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. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 6 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Legal Question
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,900
11,900 Satisfied Customers
Experience: Just Answer consultant at Self employed

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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I'm attempting to do a title search and recovery for a
I'm attempting to do a title search and recovery for a client who purchased a motor cycle without a title from a local dealer. I've spoken to the dealer twice and they claim they have no record of whe… read more
Michael Bradley
Michael Bradley
JD
1,215 satisfied customers
I cisigned for a car for my daughter in law. The title is
I cisigned for a car for my daughter in law. The title is under my name and her's. Can I repo the car? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Both names on loans and titles of vehicles. Divorce decree
Both names on loans and titles of vehicles. Divorce decree states I got one car and loan, he got other. I can not afford car and wanted it repoed. Exhusband took car. Wants me to sign off on title but… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,144 satisfied customers
My question is if the legal owner of a house by title and my
Hi my question is if the legal owner of a house by title and my brother is on the loan can i get him out the house … read more
Loren
Loren
Attorney
36,345 satisfied customers
Can a easement that is defined in a Title insurance, be
Can a easement that is defined in a Title insurance, be challenged by another as being ambiguous or not clear, to have it removed? … read more
Loren
Loren
Attorney
36,345 satisfied customers
I'm looking into legally obtaining a title for a vehicle
I'm looking into legally obtaining a title for a vehicle that was abandoned on my personal property. … read more
Lori
Lori
Juris Doctor
620 satisfied customers
Pearl: California. Would like to know the process of title
would like to know the process of title transfer for a very small nonprofit school..… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,460 satisfied customers
I had a loan with title max, paid it off, got my title back
I had a loan with title max, paid it off, got my title back and the repo guy showed up and towed my car. It was an error on title max's part. My wife was super mad thinking I lied to her that I didn't… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,683 satisfied customers
I recently transferred title on a cemetery plot and was
I recently transferred title on a cemetery plot and was charged $375 when most only charge $100-150. Since the state has a role in ttransferring titles doesn't it have a role in controlling the charge… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I am representing myself in Surrogates court Manhattan
I am representing myself in Surrogates court Manhattan county in an accounting proceeding for my mother's estate.There were five court orders to my two brothers.Four were done with placing zeros in mo… read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 satisfied customers
Title 38 establishes that benefit process is to be
Title 38 establishes that benefit process is to be pro-claimant, a long with duty to assist. In short it has been 6 long years bull shit for me. It has been unreasonable delays along with obvious reta… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,335 satisfied customers
Is there a title company in Chicago by the name of
Is there a title company in Chicago by the name of Independence Federal … read more
KLAW
KLAW
Juris Doctorate
1,848 satisfied customers
Has petitioned the Surrogate court for the issuance of
Ken has petitioned the Surrogate court for the issuance of letters testamentary. Ron filed objections to the issuance of letters testamentary to Ken. Ken responded to the objections Ron filed. A trial… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I asked you a question (11.29.17) regarding Surrogate Court
I asked you a question (11.29.17) regarding Surrogate Court and being a co-owner on bank accounts and your answer was very helpful. I asked an additional question and was referred on to another attorn… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have a question with regards to fiduciary duties and legal
HI, I have a question with regards ***** ***** duties and legal liabilities. Can you help? Thanks … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers
Can a Surrogate's Court judge, after deciding on a petition
Can a Surrogate's Court judge, after deciding on a petition for an injunction due to embezzlement and other illegal activity by a trustee, decide criminal charges should be applied to the individual? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,460 satisfied customers
Does a corporate lawyer not only have a fiduciary duty to
Does a corporate lawyer not only have a fiduciary duty to the directors and officers but also to the membership … read more
Thelawman2
Thelawman2
Doctoral Degree
1,300 satisfied customers
How do I file an opposition for Breach of Fiduciary Duty?
How do I file an opposition for Breach of Fiduciary Duty? Will this complicates the filing of Partition Lawsuit if do this one first?… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 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