Estate Planning & Probate questions and answers by state

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Estate Planning & Probate questions and answers

• What Are My Rights As A Beneficiary To An Estate In The Florida Keys?

  Asked in Coral Gables, FL | August 28, 2019

  Answered by 1 attorney

  

• Is probate required when someone dies intestate with real property?

  Asked in San Diego, CA | March 31, 2026

  Answered by 4 attorneys

  

• How do I force a sibling to sell a house?

  Asked in Chesterfield, VA | March 9, 2026

  Mother passed away 4 years ago and left no will. Sister is the executor of the estate, but has done nothing. Conflict has risen over the house, which my brother and sister (and her two daughters) live in. Sister is constantly posting on social media, badmouthing siblings, and trying to get other people to move in. Looking to force the sale of the house.

  Answered by 1 attorney

  

• Do I need to probate my late wife's will before I can transfer a joined LLC property to my name?

  Asked in Lawrenceville, GA | April 30, 2026

  My late wife, who had a simple will, jointly (50/50) owned an LLC (a single house) with me. Do I need to probate her will before I can transfer the warranty deed to my name? There is no debt, no lien on the house, no complex family issue. If I do need to proceed with the probate process, where can I hire an attorney, and how much should I budget for this process?

  Answered by 2 attorneys

  

• Why do you need to go through probate and qualify as an executor for a will?

  Asked in Chesterfield, VA | March 9, 2026

  Does an executor of a will trump beneficiaries of a bank account?

  Answered by 1 attorney

  

• How do I claim assets that are in probate in Illinois if my relative had no will and I am the only living heir?

  Asked in Chicago, IL | May 7, 2026

  Elderly Aunt who has been estranged for decades. She has no husband or children and her only sibling, my father, is deceased. My brother and I are her only living relatives and we both live in different states. I have no idea how to proceed and I do not know if I can trust these companies who are now starting to contact me offering help for a fee if I recover any assets.

  Answered by 1 attorney

  

• How do I get a non-probate from state that I am the administrator of my own estate after wife died?

  Asked in Loveland, CO | January 21, 2026

  I need advice and solutions to two items:

  1. My wife died a few months ago and I need to get her medical records in 3 hospitals. Not sure on the process but I guess I have to prove I am an administrator of my own estate plus death certificate per Colorado law. My wife and I did not do an official Will, since all assets are joint in home property, bank accounts, vehicles and investments and insurance had their own designation in all cases to me as beneficiary which all have been completed. Need help getting Administrator/representative status from the state I guess to get records. I have death certificates left over.

  2. Since I am now alone I will need a will or trust created on all assets for my daughter, but this is secondary to the medical records needed right away.

  Answered by 1 attorney

  

• What are the grounds to challenge a trust or will in Indiana?

  Asked in Indianapolis, IN | July 21, 2020

  Answered by 1 attorney

  

• How do I know if I've been appointed as executor of an estate?

  Asked in Rancho Cucamonga, CA | February 25, 2026

  My son passed away, gave me power of attorney before he entered hospital. His estranged wife who is and has been living with another man has been insinuating that I cannot manage their finances. I have made no claims against any monies due her and the children, nor am I aware of any claims that have been filed on my behalf. She said she has a court date in March to dispute the estate claim.

  Answered by 1 attorney

  

• Late discovery of no signed letter of agreement by PR while scrutinizing final bill from estate attorney

  Asked in Perry Hall, MD | March 10, 2026

  With late discovery by PR and admission of estate attorney, no signed letter of agreement exists: would quantum meruit apply? What must be done? Estate attorney pressure tactics to PR’s to sign consent to pay by 3/13/26 or they will withdraw and file with court for payment. Beneficiaries want estate closure and are willing to pay fees despite 6x’s meruit value. PR concerned with fiduciary breach consequences.

  Answered by 1 attorney

  

• What is involved with obtaining guardianship and what is the average cost? Can someone get free help for this?

  Asked in Williamsburg, VA | March 24, 2026

  I live in Fort Worth, Texas, and I'm trying to help my brother and sister-in-law in Williamsburg, Virginia. My brother has dementia and is no longer able to make decisions. My SIL is bed-bound. She is working with an attorney who is telling her that she needs to name a guardian, that it has to go through the court, and it will cost $7,500. They can't afford this. They have a live-in caregiver whom they want to have guardianship of both of them. Does $7,500 seem reasonable, even if they could afford it? How can they obtain free or at least low-cost assistance? They also need help drafting basic wills.

  Answered by 1 attorney

  

• When should a trustee hire an attorney in Illinois?

  Asked in Chicago, IL | April 24, 2014

  Answered by 1 attorney