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Probate Questions & Answers
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Estate Planning, Probate, Foreclosure, Tax Law and Real Estate Law
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North Carolina
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Q: How to terminate my dad's lifetime estate as the sole paying beneficiary in NC.
I'm a beneficiary of my dad's lifetime estate, and I've been the sole benefactor in keeping up with the estate taxes through an attorney due to delinquency and foreclosure threats from the county. My siblings, the other beneficiaries, live out of state and have not contributed... View More 
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Anthony M. Avery
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answered on Jul 14, 2025
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answered on Jul 14, 2025
Who has the vested remainder interest? That remainderman should sue the other interested parties for a Sale For Partition. If you are a remainderman, then ask the Court for a return of your contributions to your share from the common fund proceeds. You might or might not get reimbursed.... View More
Q: California estate planning for sibling with no will.
I am involved in estate planning in California. My brother, who has no will, wishes for his belongings to go to me. There are no living parents or children, and one of our siblings has passed away. How does inheritance work in this case, and will his belongings legally pass to me if he passes away?... View More
Julie King
answered on Jul 12, 2025
answered on Jul 12, 2025
Anyone who wants to be sure their assets will go to a specific person or charity should contact an estate planning lawyer and set up an estate plan. Yes, it costs more than a normal grocery bill. But, when people do not plan, two things happen: (1) the assets will go to whomever the law says they... View More
Q: Is refusal to answer questions about my mother's will violation of attorney-client privilege after her death?
My brother and I contacted the law office that prepared my mother's will for questions about her competency and inaccuracies in the will, such as stating she resides in a county she never lived in. The law office claimed attorney-client privilege because my mother was their client. However,... View More
Julie King
answered on Jul 11, 2025
answered on Jul 11, 2025
For someone to receive legal advice and information from a lawyer, the person must hire the lawyer by signing an engagement letter and paying a fee, if requested. If you never hired the lawyer or law firm to advise you on this particular matter, the lawyer is not obligated to (and is very unlikely... View More
2 Answers
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Landlord - Tenant, Estate Planning, Probate and Real Estate Law
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Mississippi
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Q: How can we handle someone refusing to leave an elderly parent's home in Mississippi, attempting to claim the property?
In the state of Mississippi, how can we address a situation where a person moved their belongings into an elderly parent's home 10 years ago after a divorce, without paying rent or expenses, and refuses to leave despite requests from the homeowner and family? This person is an adult child of... View More
Randall R. Saxton
answered on Jul 10, 2025
answered on Jul 10, 2025
As they have lived there so long and established residence, the homeowner will need to serve them a 30 day notice to quit. If they don’t leave after this, the homeowner can file for eviction in the Justice or County Court.
However, without a will, the child will become a partial owner... View More
Q: What happens to money owed to my deceased mother from a friend's probate?
My mother recently passed away, and she was owed $45,000 from a friend who predeceased her. The friend's will specified that this money was to be left to my mother, but it is still in probate. My mother had a will, and her assets are supposed to go to her grandson. Since the probate process... View More
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Stephen Bilkis
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answered on Jul 12, 2025
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answered on Jul 12, 2025
I'm sorry for the loss of your mother and for the added difficulty of dealing with legal and financial matters during this time. Based on what you’ve shared, the $45,000 your mother was set to receive from her friend’s estate will now become part of your mother’s estate, assuming it is... View More
Q: Am I responsible for my deceased spouse's debts in Maryland?
In Maryland, if my spouse passes away and there was no estate established, am I, as the surviving spouse, responsible for paying any credit card and home improvement bills that were incurred after marriage?
Mark Oakley
answered on Jul 10, 2025
answered on Jul 10, 2025
You would not be contractually liable for debts incurred only in her name. Any breach of contract claims for her unpaid debts would have to be filed against her estate within 6 months of her death. If there were no estate assets, then the claims cannot be paid. However, a creditor might try and... View More
Q: Can an executor be held liable for extra costs due to inaction?
I am at the end of probate and I've just reviewed the executor's accounting. I noticed that she failed to follow through on submitting paperwork to turn off electricity and car insurance, leading to $2300 in additional charges. She did not communicate any problems with me or my lawyer,... View More
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Stephen Bilkis
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answered on Jul 9, 2025
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answered on Jul 9, 2025
I understand how frustrating it can be to discover unexpected estate costs, especially when they could have been avoided with proper oversight. It is reasonable to ask whether someone can be held accountable for these expenses.
In New York, an executor has a fiduciary duty to manage the... View More
Q: Am I still power of attorney for an estate in WA after the person passes away?
I was granted financial and medical power of attorney in Washington State by a person who was mentally competent at the time. Now that the person has passed away, am I still considered the power of attorney for the estate? There is no will associated with the deceased, and I'm not currently... View More
Merry A Kogut
answered on Jul 9, 2025
answered on Jul 9, 2025
I am so very sorry for your loss. I get asked this question very often, and the answer is "no." A power of attorney immediately stops having any power whatsoever, and, you, as agent under a POA, cease to have any authority, the moment that the person who granted the power of attorney... View More
Q: Can my sister legally block me from a house we inherited together?
My mom passed away without a will, and my sister and I inherited her house equally. My sister is the administrator, and although I chose not to be, she's preventing me from accessing the house, which belongs to both of us. I was living there with my mom, even after her passing—it was my... View More
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James Clifton
answered on Jul 9, 2025
answered on Jul 9, 2025
As co-owners of the property, neither one of you can exclude the other from possession. However, if you live in the house exclusively, you will owe your sister rent for the time period that you live there. Likewise, she will owe you rent for any period in which she is in exclusive possession.... View More
Q: Can I accept a below-market offer on my mother's estate home despite probate SEV requirements?
I am currently trying to sell the estate of my late mother, which includes a house valued at $170,000-$180,000 but has significant issues including black mold and water intrusions. An investor has offered $120,800, which myself and my two siblings (who are also heirs) have agreed to accept.... View More
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David Soble
answered on Jul 9, 2025
answered on Jul 9, 2025
The probate court has sole discretion on determining what the fair market value is for the benefit of the estate. It is up to your advocates/attorneys to provide documents to show what the valuation should be. If the documents and amounts differ, then the court can make their determination if the... View More
Q: How do I transfer property from a deceased relative without a will in Georgia?
My uncle passed away several years ago in Georgia without a will, and I have taken over his property. I paid the delinquent taxes and cleared the lot. There are only two living relatives, his brother and sister, who are willing to sign it over to me. No probate proceedings were initiated, and no... View More
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James Clifton
answered on Jul 9, 2025
answered on Jul 9, 2025
It depends on how long ago your uncle died. If he died more than three years ago, you can avoid probate by getting an affidavit of decent signed that identifies all of your uncle's heirs - that would include a spouse, children, grandchildren of deceased children, parents if there is no spouse,... View More
Q: How can my sister's son access funds from her checking account?
My sister passed away in March without a will, leaving behind a checking account with about $9,000 and some medical bills. She has one living son, as her other son is deceased, and she did not designate a beneficiary on her account. No probate has been opened, and I have been handling as much as I... View More
Phillip William Gunthert
answered on Jul 10, 2025
answered on Jul 10, 2025
I am very sorry for your loss and please accept my condolences for you and your family. Some version of probate is likely going to be required, you could try and check into Disposition of Property Without Administration and see if you qualify and you can handle it under the applicable... View More
Q: How can I locate and access trust funds without specified location?
I have a judge's order to have my funds released from a trust now that I'm no longer a minor, but the order doesn't specify where the funds are held, nor do the court documents. I've contacted the court, but they were unable to provide any information about the location of the... View More
Randy Bryan Ligh
answered on Jul 8, 2025
answered on Jul 8, 2025
You probably should start with your father and see if he can/will provide this information. If he is unable/unwilling to voluntarily do so then I suggest you seek a legal consultation with an attorney in your area to discuss how to proceed which could include filing paperwork to bring your father... View More
Q: Am I entitled to inheritance if my estranged father didn't include me in his will in Florida?
I'm my father's only child, but we haven't spoken for many years. He has been married for a long time, and I believe he might have a will or estate plan. He was very wealthy before retiring, and I'm unsure whether I'm included in his will. If he passes away without... View More
Stephen Arnold Black
answered on Jul 7, 2025
answered on Jul 7, 2025
If you’re not named in the will, and you’re not listed as a joint tenant or a designated beneficiary (such as a transfer-on-death beneficiary), on his financial accounts or life insurance policies, then you have no legal right to inherit under his estate plan or property titles. Unlike many... View More
Q: How to distribute my late daughter's 401k without a listed beneficiary?
I am dealing with a situation involving my late daughter's 401k. She passed away unexpectedly in 2022 without a will, leaving a 401k account worth over $50,000 held by an insurance company. Her 401k did not list a beneficiary, although she had a minor child, now 16 and attending a private high... View More
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Benjamin Z. Katz
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answered on Jul 5, 2025
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answered on Jul 5, 2025
It is not clear from your description whether you are the Administrator and what function the court appointed attorney serves. If Letters of Administration have been issued to either you or someone else, that individual may petition the Surrogate's Court to establish a trust for your... View More
Q: How to distribute my late daughter's 401k without a listed beneficiary?
I am dealing with a situation involving my late daughter's 401k. She passed away unexpectedly in 2022 without a will, leaving a 401k account worth over $50,000 held by an insurance company. Her 401k did not list a beneficiary, although she had a minor child, now 16 and attending a private high... View More
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Stephen Bilkis
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answered on Jul 7, 2025
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answered on Jul 7, 2025
I'm sorry you are navigating this at such a difficult time. Losing a child and handling their affairs afterward can feel overwhelming, especially when dealing with financial institutions and the legal system.
Under New York law, when someone passes away without a will and without a... View More
Q: How do I collect my deceased son's belongings from NY police storage?
My 26-year-old son passed away while visiting New York, and I need assistance collecting his belongings that were in his car. There was no will; his next of kin is his 4-year-old son, followed by his father and me, who are divorced. I've been in contact with the police and have been given the... View More
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Stephen Bilkis
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answered on Jul 7, 2025
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answered on Jul 7, 2025
I'm very sorry for your loss. Navigating the legal process after the unexpected passing of a loved one can be overwhelming, especially when trying to secure their personal property.
In New York, when someone passes away without a will, the distribution of their property follows the... View More
Q: Daughter died without a will; executor issue with estate funds in New York.
My daughter passed away without a will, and I was removed as executor because I didn't submit the annual report. I gave a $5000 check to the new court-appointed executor on August 30, 2024. Now, they claim the estate has no money. I have not received any statements or communication regarding... View More
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Stephen Bilkis
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answered on Jul 7, 2025
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answered on Jul 7, 2025
I'm very sorry for the loss of your daughter. Losing a child is incredibly difficult, and dealing with the legal and financial aspects of their estate afterward can add even more stress and confusion.
In New York, when someone dies without a will, their estate goes through the... View More
Q: How to handle foreclosure and delinquent home equity line of credit in Florida estate?
I am the biological daughter and inherit the property in Florida due to my father's passing. The probate process is nearly completed, but the property is facing foreclosure. My father had a home equity line of credit and it became delinquent due to probate procedures. The probate attorney... View More
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James Clifton
answered on Jul 3, 2025
answered on Jul 3, 2025
Even if your lender has previously denied you, there are many alternatives to foreclosure including a repayment plan, loan modification, and forbearance, among others. As a last resort, you can explore bankruptcy, sale of the property, or deed in lieu of foreclosure. Bankruptcy is not a perfect... View More
Q: Inherited property facing foreclosure due to delinquent mortgage. What steps can I take?
I am my late father's biological daughter and I inherited his property in Florida, which is now facing foreclosure. The original mortgage and a home equity line of credit are in question. The main mortgage was in my father's name alone, while the home equity line was in the name of both... View More
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James Clifton
answered on Jul 3, 2025
answered on Jul 3, 2025
Even if your lender has previously denied you, there are many alternatives to foreclosure including a repayment plan, loan modification, and forbearance, among others. As a last resort, you can explore bankruptcy, sale of the property, or deed in lieu of foreclosure. Bankruptcy is not a perfect... View More
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