Probate-Probate Court

unforgettable_1 asked:


My Father-in-law and Mother-in-law died in 2000 and 2001 respectively. My brother-in-law was an alcoholic in bad health and remained in the home alone after their deaths. He wanted my husband and I to move in with him to he to help with bills and look after him. There was no will but 9 children. the daughters went in the house and took all the jewelery, bank papers and everything else of value. Because they were robbing the home of all its appliances and what not, they didn’t want us to move into the home. One sister was the main instigator and threatened to burn the house down to the ground if we tried to move in with the brother. Months went by and my husband and I came by 2 to 3 times a week to check on his brother, clean house and bring him food. One day an older sister stopped by and found the alcoholic brother passed out outside and it looked like he had been there for a day or two. He was put in the hospital then moved to the nursing home. While he was in the nursing home, the witch sister went to the mailbox on the 1st of each month and took his check , forged his signature and spent the money for herself. When we saw what was going on we took the brother out of the nursing home for the day and took him around to collect copies of his old marriage license, Social Security letter, birth certificate and paid to get him a new copy of his I.D. Someone had took all his records so in order to get his check mailed to him in the nursing home we put out about $200 and inform the bank that his checks had his signature forged. Someone had also closed out his bank account. He knows his sister done all this and didn’t want to contact the police since we had helped him get it fixed for all future checks. Now the house sits unoccupied and has been destroyed. People have ripped out all the wiring, broken out the windows to get the aluminum frames and drug addicts use it as a flop house. One brother took all the power tools and the one ton truck and sold it all. One sister took a diamond ring that was worth about 5 to 6 grand. Another sister took furniture and the wedding set. One took the deed to land in Florida and sold it to another brother plus she had a trailer for which the father had co-signed and she defaulted on the loan. Everyone of them took and took until all that is left is the land and a huge mess on it. The brother in the nursing home and my husband took nothing. Neither one of them wanted to cause discourse in the family. The sisters had the one in the nursing home removed from having any chance of getting any of the assets, he had to sign away all rights to it to get the necessary financial help to stay in the nursing home. No one has taken this to a probate court and they refuse to sign to let my husband have the land without paying them each what the land is worth, they want him to pay 7 times its value because they are all so greedy and hateful. Can I take it to probate court to let a Judge decide what , if anything , my husband should pay for the land he holds so dear. He wants the memories and to keep the 2 acres in the family, not let it go to public auction and be lost to us all. Please , if anyone knows how we should go about trying to get the land legally,let me know. My husband is now very ill as well and he wants to be “Home” for his remaining time.

Geoffrey Moultry

395934fghgf asked:


I need to find a will that hasn’t been probated, is it required that a Will be registered with the court house in Ontario Canada even if it’s not being probated?

Royal Derhammer

lachi asked:


My dad died recently without a will. He filed for bankruptcy one year ago. I’ve found out the house is the only item included. He owed more on thehouse than it is worth. The contents in the home is my only concern. My question is there a way to rtrieve his belongings without probate court? All of my siblings are agreeing I handle the affairs. My concern is having to pay lawyer fees, etc. when the estate is going to be foreclosed on anyway….and there is not enough assests to pay off all his debts!

Forrest Pesante

Keyshon B asked:


Pretty complicated question need a good assesment on this issue, but here goes. My father and my mother and siblings and I build a house on my grandfathers land located in MS. The land was jointly owned by my grandfather and his six siblings. However, my grandfather siblings abandoned the property about 25 years ago and never returned or paid any property taxes. There are several houses on the property. We have collectively been paying the property taxes on the property for about 10 years, and I have about 4 years worth of reciepts .My father passed away in 2007 and my grandfather passed away in 2008. My grandfather died without a will, so my siblings and I became heirs to my grandfather along with his other chidren and wife per the intestesy laws in ms. My aunt started the probate process about five months ago. She was issued letters Administration. At the time she was granted letters of administration, we were all in agreement to divide the property according to intestacy law of Ms. Consequently, my aunt’s attorney filed with the probate courts for letters of adminstration on here behalf and was granted it; (note) Also he filed a petition with the probate court on here behalf stating how the property was to be divided; he state,”in whole or part, the property is capable of division and the parties who have constructed dwellings and other structures on the property should be awarded the property upon which such structures or dwellings sit, and that some parties have paid the real estate taxes on the property for many years and are entitled to be reimbursed for taxes and other expenses paid fo the benfit of all other joint owners of the property ” My aunt is not real educated, and did not know she would have to give me the house that my family presently occupies and build, and paid taxes on for over 10 years . Now she does not want to distribute the estate. Based on the petition that was filed with the probate court, she has already stated how the property is to be distributed/divided ???? Can my anut and here attorney tell the court how the property is to be divided in their petition and just back out and decide not to divide and distribute. As I mentioned, my grandfather owned the proeprty with his six siblings; they abondoned the propety and never paid any taxes. In the petition, her attorney stated that, ” after dilgent search, ther post offices, address, and where about are unkown(grandfather’s siblings). He stated this in his peition, but now he is trying to tell my Attorney, that because the property was owned by my grandfather and his siblings, there is not enough property to distribute among all of my grandfather’s children and I as he was only joint owner. This is done to prevent me and my family from recieveing our property that we presently occupy. Question,at the time he submitted his petition for how the property was to be divided, he was aware of these heirs and the amount of land that exist, so how can he do this ???? I want your opinion on this matter. My attorney is going to ask for a hearing witht he juge and ask that my family and I be awarded the house and property that we presently occupy and have occupied for the last 13 years. Again, my aunts attoney stated that those who build homes should be awarded those homes. Can he just suddenly changes this after telling the court this in his petition ?? Thanks for your help

Harland Liljenquist

Drucilla asked:


Question is how to keep an estate valued under $60,000.00 from going through probate, present situation

1. credit cards in debt 15 grand (all up to date)

2. One child all goes to him in Will.(Named as executor).

3. Several attorneys gave mixed answers about the creditors, will my creditors give my executor an opportunity to carry on and pay my bills off ?

Is this true ?

In Florida, you can make a living trust to avoid probate for virtually any asset you own — real estate, bank accounts, vehicles, and so on. You need to create a trust document (it’s similar to a will), naming someone to take over as trustee after your death (called a successor trustee). Then — and this is crucial — you must transfer ownership of your property to yourself as the trustee of the trust. Once all that’s done, the property will be controlled by the terms of the trust. At your death, your successor trustee will be able to transfer it to the trust beneficiaries without probate court proceedings
I have asked several times this same question, and it seems to be nobody has any real legal knowledge of Florida’s probate fees and simple procedures. The county I live in has been accused of charging unauthorized fees and other things against people, it is also been stated to me by several attorneys that an attorney has to be retained out of the estate under Florida law. The Fla. bar said no but if retained an attorney can charge a maximum fee even if court appointed, that’s why I did a Will to aviod the estate to have to be liquidated via probate.

Erich Brown

Ramin asked:


My friend became an administrator of his late wife’s estate. He refuses to follow any order that the court orders him to do, such as filing documents with the court. He also has no care about his wife’s creditors towards her estate. Are there any criminal penalties with respect to the probate court?

Jennifer Higa

Kat asked:


once you get to Probate Court?

Dannie Pinski

eva lou creed asked:


How can i find out if a will has been filed in probate court.

Craig Fetner

mshlywood asked:


This is a probate court order for my son whom is now 18 years old. The attorney that was over his estate has not been very helpful, and I am not sure about the amount she is submitting to court for finalizing, She also has appointed someone else to complete the order since she is no longer practicing law as of Mar 8, 2007. Where can I get good advice?

Phyliss Cratch

Lish asked:


I can’t afford to have a lawyer do a living trust. I really need one done, because I have a daughter and stepkids. I have heard a will would have to go through probate court. Is there anyway besides a lawyer to do a living trust?

Denise