Archive for June, 2009
Who requests or initiates a Probate? What if I’m an only heir?
I am my mom’s only child. She’s elderly, widowed and having some health issues, so we’re getting things all set up. We did a Will, Advanced Medical Directive and Durable Power of Attorney today. But now I’ve heard we may need a trust to avoid probate, and save her mobilehome from being part of probate. Then again, one law office said it might not matter – I’m an only child. I don’t need a lawyer to keep other claimants away from her assets.
Who then would even make probate happen?
The DPOA, Will etc.. that we have already set up were done without a lawyer, using Estate Planning software – then we had them notarized, witnesses etc..
I just still don’t know who initiates probate. Does some court do it just because her death certificate goes on file? There was no probate when her husband died.
I found the “office” that deals with mobile homes and they feel I just have to get the title/registration and then fill out forms to add me to the title, or transfer to me wholly. Even if probate has to happen this should help.
She already paid for her funeral arrangements, shortly after her husband passed away. I’m joint on her checking account, a beneficiary on all of her savings accounts. I may have her add my name in a different way to those savings accounts, if that will work out better.
She has no debt other than an occasional purchase by credit card, her utilities etc, and mobile home space payment. The mobile home was purchased cash.
Suzy Granato
can anyone claim against a deceased estate after probate?
After getting probate, most of the beneficiaries have been paid out but now my solicitor says there is a claim against the estate and he has frozen the funds in his trust account and will not pay out me, the final beneficiary (and executor) until a claim is lodged. He states they have nine months to lodge claim. (from when probate was granted) how can this happen after probate is granted? If this is the law why was I told to proceed with distribution.?
Dina Schack
Why is Probate Law (not) standardized throughout these United States of America?
I have researched this question for three years and can find no logical reason for allowing every county!, in every state!, of our country to run their Probate Courts like individual Feifdoms!, as if every county were a law unto itself? (allowing no appeal to a higher authority beyond the probate judge who makes the ruling)!
And allowing (acting judges) who are no more than probate attournies!, to make life ruining decisions based quite frequently on hearsay!, and uninvestigated allegations!, submitted to the court as truths, when they are nothing of the kind?
Federal Law makes clear that a court investigator will investigate all disputed allegations!, however this seldom happens, as the courts are so backed up with cases that there is little manpower available to investigate properly!
So court investigators meerly record allegations and outright lies into their reports!, without looking into the truthfulness of said facts!
And this is what the judges ruling is based on!
my question concerns the civil rights violations consistently overlooked by every county Probate court in the country!
Making life ruining desicions based on outright lies that are excepted as truthes by
County Probate Judges without even the bare minimum of investigation into the veracity of sworn affidavitts to the court by family members who’s single interest in thier parents is the preservation of thier inheritance! of which cannot be allowed to dissipate at the hands of them who worked all thier lives to earn said monies, in order to enjoy the last years of life to the utmost!!
Could someone address that issue? could someone tell me why it is that if the probate court refuses to aknowledge fully investigated and verified facts that would overturn rulings of mental incapacity and reduced cognative ability, whereby ending Probate control over the dispersal of conservatee’s finances!, Then those facts are denied! and are never allowed into the case files! just by ignoring them
Helene Asel























