how to find out someone that passed probate attorney is site:www.avvo.com

by Trinity Nader Sr. 7 min read

What are some questions to ask a probate attorney?

Jan 16, 2020 · Probate Attorney in Knoxville, TN. Reveal number. tel: (865) 973-9873. Private message. Call. Message. Profile. Posted on Jan 16, 2020. If the estate has been submitted for probate administration in the probate court, the records in the file and the Will, if any, are public record and available for copying.

Will you need to hire a probate lawyer?

Nov 25, 2020 · Someone needs to review the public records and determine whether or not the property is involved in litigation. It may be a good idea to retain a law firm that has lawyers that practice in real estate and probate. If your lawyer is involved in any wrongdoing, you can file a complaint with the Florida bar.

How much do lawyers charge for probate?

Jul 13, 2021 · My dad has passed away how can I find out who his lawyer was and if he had a will ... If there was a will most likely your dad nominated someone to be the executor of his estate and that person would have first priority to be executor. You likely have a right to request to see the will as a potential heir. ... Probate Attorney in Greenwood ...

Who needs a probate lawyer?

Aug 07, 2018 · A local probate attorney or elder law attorney might be helpful in reviewing the existing will, identifying of any other wills have been filed after his death and setting up a reunification meeting. Unfortunately, its easy enough for the son to have his father write a new will to supersede the will your mother is holding.

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How do I find out what is in my father's will?

To determine if your father left a will, you can contact his attorney, executor, or the applicable probate court. You should also check your father's records and see if he kept a copy of the will. If he has left you anything, it should be written in the will.

Can I Find My Fathers will?

Contact the probate court in the county where your father lived and see whether there is a will on file. Court clerks should be able to track wills by date of death and name. If you think there's a will but it just hasn't been found, you would not be out of line asking to look through your father's papers and files.

How do you find out which solicitor is dealing with an estate?

How do I find a Will?Survey the house. It may sound funny, but the first place you should look at is the deceased's home since many people store their Will or a copy of it in their homes. ... Inquire from their solicitor. ... Carry out a Will search.Nov 20, 2020

Do you need an attorney for probate in NC?

There is no legal requirement that anyone involved in the probate process hire an attorney; however, there are numerous reasons why it is usually a wise decision.Feb 2, 2017

How do you find a will of a deceased person?

How to find a willSearch the house. It sounds obvious, but the first place you should look is at the deceased's home, as many people store their will (or a copy of it) in their home. ... Ask their solicitor. ... Ask their bank. ... Carry out a will search.Dec 9, 2019

How do I get a copy of my deceased father's will?

Obtain a Will From Probate Court The best way to view the will is to get the probate court file number. The executor can give you this information. You may also be able to access the file number by phone, online, or in person at the courthouse by providing the deceased's name and date of death.Sep 27, 2021

How do I find out who the executors of an estate are?

You may need a court case number for the probate estate, but many courts have searchable databases where you can enter the deceased's name and find the number. You then can request a copy of the will, as well as all other documents that have been filed with the court on behalf of the estate.Dec 14, 2018

Can an executor override a beneficiary?

Ways an Executor Cannot Override a Beneficiary An executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so. The executor also cannot stray from the terms of the will or their fiduciary duty.May 12, 2021

What does an executor have to disclose to beneficiaries?

There are certain kinds of information executors are generally required to provide to beneficiaries, including an inventory and appraisal of estate assets and an estate accounting, which should include such information as: An inventory of estate assets and their value at the time of the decedent's death.Jul 26, 2021

Does an executor have to show accounting to beneficiaries?

To summarize, the executor does not automatically have to disclose accounting to beneficiaries. However, if the beneficiaries request this information from the executor, it is the executor's responsibility to provide it. In most cases, the executor will provide informal accounting to the beneficiaries.Dec 24, 2021

Does real estate have to go through probate in North Carolina?

Unlike South Carolina and many other states, real property in North Carolina does not typically pass through probate. When a decedent dies intestate (without a Will), title to the decedent's non-survivorship real property is vested in his or heir heirs as of the time of death [G.S. 28A-15-2(b)].

How long does an executor have to settle an estate in North Carolina?

You should expect it to take a minimum of six months to a year to settle an estate because of the legal notice requirements and time that creditors have to submit claims against the estate. Creditors have 90 days from the first publication date of the notice of probate.

Howard Marshall Rosenblatt

You didn't mention when your parents passed so it's hard to say if the delay is unreasonable. Having said that, I think my colleagues perception that you may need to hire other counsel is legitimate. Fin out what your current attorney has done and if you're not satisfied, hire another attorney quickly.

Anthony Michael Candela

Hi. It sounds like a nightmare. Here is what I suggest. Based on what you are saying, I am not sure that the attorney you retained is providing adequate representation (but I cannot make that determination from what you are saying, but it sounds like that).

Phillip William Gunthert

If you are not happy with your estate/probate attorney or they are not an attorney that specializes in probate matters or there is some other issue of trust and reliability and timeliness than it may well be time to seek counsel elsewhere.

Robert Armstrong Shaffer

You can simply ask your attorney for copies of the documents that have been filed, request the case number or ask when the pleadings were filed. Those are all reasonable requests. It is common for clients to be provide3d with copies of pleadings once they are filed. If you have difficulty with your attorney, fire them and hire another one.

1 attorney answer

I am sorry for your loss. The best way to find out that information is to go through your dad's paperwork and documents to see if there was a will in those documents.

Maria Zalessky

I am sorry for your loss. The best way to find out that information is to go through your dad's paperwork and documents to see if there was a will in those documents.

Michael T Warshaw

The death certificate is a public record. Try looking that up in the town or county where you think the gentleman lived when he may have passed away. Also, consult counsel.

Rixon Charles Rafter III

A local probate attorney or elder law attorney might be helpful in reviewing the existing will, identifying of any other wills have been filed after his death and setting up a reunification meeting. Unfortunately, its easy enough for the son to have his father write a new will to supersede the will your mother is holding...

Ian Andrew Taylor

I would add that you can sometimes find the information online. For example, Horry County case identification is here:#N#http://www.horrycounty.org/PublicProbate/pages/InquiryMainPage.aspx#N#When you figure out who the Personal Representative is on the case, filing your...

Arnold Garson Cohen

I'll make it three to agree. The docluments filed in probate court are public records available for you to read and, for the fee charged, to copy.

Donnie Wade Brooks

I agree with the prior advice. Go to the SC probate office where the owner lived. They people at the probate offices in SC are very friendly and can likely help.#N#A website such as https://www.southcarolinaprobate.net/search/ may also help

Ivette M Santaella

Hello,#N#Go to the county where the person passed and if his executor filed a probate, you should be able to get information about the estate and filing a claim...

1 attorney answer

First, you can simply ask the person responsible for administering your grandparent's estate (a/k/a the Personal Representative) if you feel that is a viable option.

Craig A. McMurray

First, you can simply ask the person responsible for administering your grandparent's estate (a/k/a the Personal Representative) if you feel that is a viable option.

John Max Barger

In short, a power of attorney is not what you need. A power of attorney ceases to have any authority after the Principal (the person creating the POA) dies. You apparently need to be appointed the personal representative (or administrator or executor) of your mother's estate. Most likely, you can qualify as PR without there being an estate.

John Crandall Foster

California has a summary probate declaration for assets less than $100,000. A proper declaration pursuant to Probate Code Section 13100 would be a place to start. Technically, the pawn shot should accept it, but often they do not. That is where you might need counsel to explain the situation to the pawnshop.

William Graham Blake

There is no simple way to find out if someone had a will in Texas. If the will has been admitted to probate, then you can search probate court records in the county where the decedent died. Some people lodge their will with the probate court before they die, but there is no central database you can search to find a will.

Ben F Meek III

The first thing is to determine if there has been a probate case opened for your late father's estate.

Hollyn June Foster

As my colleagues have pointed out there is no required time to file a probate. Taking time to grieve is important Depending upon the assets and debts involved it may be good to wait out the 2 year creditor filing period. You do mention a homestead property. This property cannot be sold until the estate is probated.

Pamela Thea Higer Polani

First, my sincere condolences. It sounds as if you will need to initiate probate, if your mother left a house titled in her personal name. Many law firms that handle probate, like my own, will provide a free consultation to address many of your initial concerns.

Brian R. Dolan

I am sorry for you loss. I often get inquiries regarding opening an estate within days following a loved one's death. I tell these clients to take time to grieve before worrying about the estate. There is no reason to rush to open the probate estate, as there is no deadline to file for probate in Florida.

Michael Alan Bernstein

As Mr. Shields has indicated, there is no time requirement to wait to file a probate case.

James Charles Shields

There is no time limit within which probate must be initiated in Florida.

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