Probate-Probate Court

Chris asked:


My nephew was adopted by his brother’s father. He is an adult now. His adoptive father was in the military and had a death benefit but he has died and his biological son (also my nephew) has died. My brother in-law hadn’t made any changes on his insurance forms concerning beneficiaries. He legally adopted my nephew but now my brother in-law’s mother and brother and uncle claim that the benefit belongs to them. Before my brother in-law died his family accepted my nephew as family but the minute he died they disowned him.

What rights does my nephew have. He is very naive and is so lost without the only father he has ever known. The military tells him he needs to go to probate court. We are in california. Does he have a chance of winning? Please help. Any info would be greatly appreciated.

Thank you
Chris
Just to add to my question. Prior to my brother in law adopting my nephew He had my niece’s name on his insurance benefiiciaries, and his mother’s name and his first sons name but when he died the records now showed that his uncle now is the beneficiary along with his mother and brother. His uncle is a lawyer from what I understand. Records show that my niece’s name was removed. My brother in law considered her his daughter. To top things off he did not have a close relationship with any of these people except maybe his mom. My family was more family to him than his own. His family is very disfunctional so they weren’t really close. Also, the uncle says he has power of attorney for my brother in laws estate. Does this matter now that my nephew was his legal son?

Soon Altenhofen

asm670 asked:


My father in law passed away in June. He was not married and my husband is an only child. He did not have a will. We are being told that we need a document stating that my husband is the Administer of the Estate in order to open an account in the name of “the Estate of…….”, and to transfer the title/registration on his truck into my husband’s name. Another possible issue is that he lived/died in California and we live in Kentucky. We called the probate court in CA and were told we needed a lawyer. Is there any way to get this document without an attorney and/or going to CA to court? Thanks in advance.

Gary Farell

its just me asked:


My boyfriend of 4 years is going to die of cancer. He verbally has always said that he wants to leave all of his money to me because otherwise i will have no way to pay our mortgage, car payments, credit cards, etc….

I am his durable power of attorney

However, in his will he specifies that he wants to leave all remaining monies, bonds, securities, real property, etc. to me… The issue is that he made his SISTER the executrix of the will. She doesn’t like me and I fear that once my boyfriend passes she will take all of the money and figure out a way to spend it so that i am left with nothing

Do you suggest that I transfer the money he has into my account now, seeing as i am the durable power of attorney? or will that raise an issue in probate court?

Does she get to spend the money on whatever she sees fit? Is it possible that i could get screwed out of the money??

HELP! I am limited on time here

Lessie Sopczak

alpu5 asked:


I thought our probate process to settle my parent’s estate was well underway. Last Friday I was shocked to receive a citation for “failure to file inventory”, threatening to take away my Letters and charge me with contempt of court. I had to call the county probate division to see what they were talking about.

I had submitted all this information to the lawyer last March 8th. She has made no mention of having NOT filed, although I can see on case.net that she was granted an extension a few days after I turned everything in, and then…..nothing.

Now, any guesses as to why she would do this? Can it be rectified right away? Why does the county wait four months to notify someone of this? What problems can this cause other than the obvious delays?

Rochel Struck

KurtTheAmazing asked:


My father died recently, and my mother is upset to find that he didn’t have social security, and left nothing for me in his will. He stopped paying child support, but there was no court order. His common law wife, whom he left the executor of his estate, was given everything, along with her daughter and grandchild. As the only of his biological children left that is still under 18, my mother wants to take the woman to probate court for money. What I would like to know is if there is any basis for a lawsuit?

Please understand that I haven’t seen my father in over a decade, and this is not out of spite, but rather he has not supported me financially ever, and this has upset my mother even more now that he has passed, and left everything to a woman who was literally waiting for him to die.

If anyone could give answers, I would be very grateful for the help.

Haywood Lashmet

Amanda180 asked:


I want to sue my uncle in small claims court. Does it cost anything to sue? Do I have a good chance of recouping the money that his slander and harassment have cost me?

My mother passed away recently and my uncle’s harassment first started with changing mine and my mom’s mail to go to his house. Then, he wrote letters to my family member stating blatant lies about me and my mother. He said that my mother was on welfare. My mother was a researcher for the healthcare system and was never ever on welfare. He stated that my mother and I stole money from my grandmother. Which is a blatant lie. He did that. My mother’s estate is in probate and I hired an attorney to represent all found heirs for the administrator that we all chose. We needed an attorney because my uncle was contesting the chosen administrator. Three heirs signed for a common administrator, which by law means that it would be granted. One heir’s location was unknown. On the day of court, the third heir was missing on the court date and we were waiting for her. My uncle showed up. Then, after the attorney I paid for read the law about the majority of heirs being able to choose an administrator, my uncle picks up the phone and says “my sister has the other two heirs in her car and they want another administrator.” So they played a game on me and I lost money in legal fees. The fourth heir was found and the third changed her mind. I asked her why she changed her mind and she said that our uncle told her that I was going to prison for embezzling money from our grandmother that that my mother had over 10 different bank accounts with grandmother’s money hidden in them. This is a lie and I can show financial records to prove it. How can I go about suing him for slander and harassment?

Edit/Delete Message

Rolland Bosack

Brd asked:


two weeks before his death he changed the beneficiary from his daughter to his *** therapist or nurse. Since his death there has be nothing but fighting and turmoil. The courts decided to let his daughter be the beneficiary since it has to be atleast four weeks before someone has died. Anyway The state appointed a guardian to a the trust-fund, seeing how her mother was on drugs and all. The thing is. I think her mother has some how wipe out most, if not all, of her money

Isn’t there public record of this if this has went through probate court?

I need to know who’s the guardian and how much money was allotted, and how much interest has grown on said money

The state we live in is Texas

Please help

Antone Elkington

tina asked:


I live in Ohio and my mother died a few months ago, the only thing she had of value was a car which I made the last few payments of. She had no will but I am an only child and my father died when I was a young girl and my mother did not re-marry. Is it necessary for me to go to probate court to get the vehicle’s title put into my name?

Emilio Vertrees

hiya asked:


Currently, I am living aboard and my brother who may be somewhat irresponsible is living in the house. I feel that since he is living in the house that he should be paying for the taxes because we already have enough bills living abroad. However, I am concerned that he will fail to pay city tax for home when it is due. If it defaults then the city will cease the house. Since my name is associated with the house, it seems that ultimately, this would affect my credit. Therefore, I wonder whether I should pay for the city tax for the short term at least but if I do so, does that mean I become entirely responsible.

Also, my mother held a bank account and recently discovered that my name was also on the bank account (joint account). My brother wishes to keep the account open in my mother’s name because a direct debit is made from the account by the city for the described taxes. I do not have access to the account and was informed by the bank to provide a death certificate of my mother. I rang my brother, he agreed to send it but it has not arrived. My mother has oustanding bills and my brother may write checks using her account still. What is my liability in this situation, if I close the account soon?

Also, the house is unlikely to sell and it will not go through probate court.
If I tried to file a QuitClaim then it seems I would need a signature from all my siblings. They all have bad credit and will most likely refuse signing it. So, what now? I feel as though this could seriousily hurt my chances of ever returning back to the US to own a home and have credit.

Maisie Jolivette

Rickster W asked:


If I’m the only one in the will,and the person owns a home,and has a bank account. Do I really have to go to an probate court,or can I just file some paper work,at city hall. I don’t want to pay a Lawyer,any percent on the estate

Fredric Messler