Archived
My dads been dead for 15years and i was 16 when he died , my evil stepmom got it all,we now he had a will with the airforc how d
Sammy's answer
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Answered on March 12, 2010
Typically if a will cannot be found it is presumed to have been destroyed. If the military holds wills, I would check with them to determine their...
Archived
What is the probate process if one dies without a will?
Sammy's answer
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Answered on March 12, 2010
Without a will, there isn't really probate. It would be called an administration of the estate. Depending on the assets, you could get away with a...
Archived
Do i need an attorney to probate will
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Sammy's answer
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Answered on March 12, 2010
In order to fully answer this question, more information is necessary. If there are sizable bank or retirement accounts plus a sizable amount of...
Archived
My mother died w/o a will. She had a checking account that I could sign on. Does this account need to be placed in probate?
Sammy's answer
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Answered on March 12, 2010
Check to see if the account was payable at death to you. Ask the bank. If so, you can provide a death certificate and receive the remaining...
Archived
How diffucult is it for a family member to have a will turned over that has been notarized w/two witnesses?
Sammy's answer
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Answered on March 12, 2010
I second Mr. Dube's answer.
Archived
My father died in 2007, March. He left a will in my care - I'm not the executor. Can I Probate the will?
Sammy's answer
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Answered on March 12, 2010
One concern is: Where is the will? If a will cannot be found, there is a rebuttable presumption that the will has been destroyed. To negate this,...
Archived
When property is titled in name of trust and is inherited property can this be or should it be placed in probate?
Sammy's answer
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Answered on March 12, 2010
Trusts do not die in the conventional sense. Therefore, any property placed in trust should be in the name of the trust, not an individual. This...
Archived
3-Airs to Property Not Probated
Sammy's answer
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Answered on March 12, 2010
Even though the statutory period has passed for probating the will, you could try to probate the will as a muniment of title. The applicant must...
Archived
My grandfather passed away leaving land that is still in his name, his ex-wife wants to sell it but he has 8 living children?
Sammy's answer
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Answered on March 11, 2010
Your step-grandmother is legally entitled to her share of your grandfather's land, since he was married to her at death. The only way to remove her...
Archived
What needs to be done when mother has passed away and there is no will?
Sammy's answer
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Answered on March 11, 2010
If there is no other property I would recommend a declaration of heirship proceeding, which will determine at the court level who your mother's...
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