John Bernard Palley's Answers (185)

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Probate Small Estate DE-310

John's answer | Answered on March 14, 2014

County of residence at death would be correct.

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How do I obtain a Letter of Testamentary. I have the Will, the Death Certification, and Power of attorney.

John's answer | Answered on March 14, 2014

Just need to file for probate. However, good idea to find out if probate is required or if you can resolve the issues without a full probate. ...

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My mother recently passed. Her husband not my father, Wont say if there is a will,

John's answer | Answered on March 14, 2014

Doug- I am sorry for your loss. This is a very common problem with no great answer. Certainly you can ask him for it but he will likely to continue...

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My husband is dying and has no will. Will his grown children from previous marriages be entitled to anything?

John's answer | Answered on March 14, 2014

Titling is a presumption but not the exclusive answer. The issue really comes down to what is "community property" versus what is "separate...

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Do I need to supplement or start over if I want to add my brother as a co-administrator of my Dad's probate estate?

John's answer | Answered on March 12, 2014

You would have to do an amended petition, new notice and I believe new publication also. A supplement would not cover this.

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IS THERE A ATTORNEY WHO WILL DO PROBATE ON CONTINGENCY?

John's answer | Answered on March 12, 2014

There are many attorneys who are willing to be paid later. It would be helpful if you post more facts about the case.

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Has anyone won a case in probate of a spouse omitted from will of spouse but who paid the mortgage for 15 years.

John's answer | Answered on March 12, 2014

Yes. Sounds like a good case for a spousal property petition. I think you have a reasonable chance of success. File it sooner rather than later...

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My dad passed away. he was divorced and has 5 kids. He forgot to put a beneficiary on his bank checking account.

John's answer | Answered on March 12, 2014

Many banks have their own small estate affidavit form. Otherwise just search "california small estate affidavit." Or "california probate code 13100...

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Deceased lived in CA and heirs all live in CA, but the estate or property is in Texas. Should the will be probated in Texas?

John's answer | Answered on March 11, 2014

Each state has different laws on this. I would contact an experienced Texas probate attorney to find out if the will needs to be probated in...

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What happens if a Power of Attorney dose not file a will?

John's answer | Answered on March 11, 2014

I would file a probate and get the ball rolling. If they have a will they'll bring it up then!

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