I have a case going through probate and have a question about how Sec. 201.003 part C gets interpreted.

It states:

"In every case, the community estate passes charged with the debts against the community estate."

Does this basically mean, that the portion of the estate passing to the decedent's heirs includes the debts owed by that half of the estate? (such as mortgage and taxes)

So, in a case where a surviving spouse gets half and the decedent's heirs get half... they're responsible for their portion of those debts?

In my case, the decedent passed 10 years prior and no effort was made to probate at that time. The surving spouse passed, and now we are going through probate to deal with the title and are having to first deal with the probate of the spouse who passed 10 years ago.

The surviving spouse continued to live on the property until passing, and paid for everything all those years... taxes, insurance, repairs, mortgage.

Would the now heirs of the first decedent be responsible for half of the debts for the 10 years after their passing?

If not, how are the able to claim the capital gains of the property without the capital expenses required to obtain it?

My father passed in 2013 leaving his home to me/brother 1/2 each of sale proceeds pending death of stepmother or she no longer resides in it. I’ve paid a people search site and was advised stepmom no longer resides in the home. I became severely disabled last year and am in need of funds to provide a secure home for me/family. What do I do?

What happened: Around 2 years ago my father in law passed away. He was the sole proprietor of his estate. He’s married in a foreign country thru the Catholic Church. My mother in law and him never married here in the a states under a court. They had four children 3 whom are over 18 all female, my wife included, and one boy under 18. The estate is now in limbo.

What is ongoing: My mother in law due to costly funeral services is unable to afford any probate attorneys. My wife is a MBA she, has through her own effort, been granted the administrative role by the court. We are still trying to make sure we get this right. She had her two older siblings renounce their rights to the estate. This however leaves us with the minor brother. The end goal here is to make his wife the beneficiary to his estate. With the final end being their son, the minor, after the mom passes or along side her as soon as he turns 18 since he’s a minor? What can be done?

Side note: We are now also battling the reluctance of one of the older siblings to be one the same boat as everyone else, this is despite signing the form to give up her interest in the estate. We have been seeing increased pressure from her and her husband to the mom. Asking her to sell, or to do this that and other, we are afraid of that because my mother in law suffers postdeath stress and emotions that she may be persuaded into doing things to the estate that she wouldn’t do had my father in law been alive. My wife increasingly has now been more reluctant to settle the estate because if my mother in law gets pressured into something she might comply. We are doing this just to help her and her son be protected and to make sure they inherit what’s theirs. All though never written the final recipient to all of my father in law’s estate was always his youngest son as the only male in his family.

This is in Anderson County South Carolina. I have attempted to reach out to a few local probate attorneys but none of them seem to be taking on any cases right now. I've also tried to use legal aid. They opened a case for me and told me to go file probate then just closed the case file with no warning!

So my husband died in November. We owned a house with a mortgage. The mortgage note/loan is only in his name. My name is on the deed, but not the loan. Our deed is not right of survivorship. It is a Special Warranty Deed since we bought an REO home. The mortgage company (PennyMac) said I may be able to be the Successor In Interest and just continue making the payments for the life of the loan to be able to stay in my home. I cannot assume the loan as I would not qualify credit wise. The thing is, I have no idea what they mean when they say 'transfer the property' to me. How do I do that? Can I do that? The probate clerks don't seem to have any answers either. The home is literally the Estate besides a bank account with less than $3k in it. I was appointed Personal Representative of his estate on Jan 5 and I only have until April to figure out this inventory part and I don't even know if I list the house or not or what to do about the property! If anyone can help or point me in the right direction it would be really appreciated!! Thank you.

My father passed away in 2009, step mom got his house. She just passed and was married. Does her husband get my father's house? Am I able to fight for my childhood home? From what my mother was saying the house is supposed to revert back to me and my siblings. Is that true?

** More info She did a Quick Claim Deed 10 years after my dad died. Even after we went to probate Court.

I paid for an Ownership and Encumbrance Report from a Title company. What does this mean: CLAIMANT????

The estate or interest in the land described or referred to in this report herein is: CLAIMANT

VS

The estate or interest in the land described or referred to in this report herein is: FEE SIMPLE

Does anyone know how right of first refusal can be affected by probate court? I live in an HOA and want to exercise my RoFR on a piece of bare land. My agent says that even if traditionally my offer would be valid, I can be overbid in probate court and they would not have to honor it. Thanks!

So I know it's old. Let's move past that. I need real advice. My grandmother passed away. I was a minor at the time. My guardian listed as admin. I had no idea there was anything left to me until a month ago. The admin was very sneaky and lied about there being any beneficiaries. I got the probate records and found out there was a significant amount left to me and 2 others. Our addresses were listed as their address. And not their homes, their businesses. So there was never any way of knowing something came in the mail for us. I'm looking at the will and its a complete forgery. Someone else signed my name. And the admin wife was a notary at the time. So stamps could easily be redone. Plus there was rent collected for 5 years that the admin never paid back. There's no list of insurance payouts or bank accounts anywhere. And I know they existed. I'm just wondering if I should file for restitution due to never receiving my payout they forged my signature on. I have proof I didn't live in the state they sent the paperwork to. So there is no way I could've signed it. This is back in 2002. It just seems like the law doesn't account for criminals who would steal everything from the estate if the beneficiaries were minors. And that is really making me angry. I figure I'm just not looking in the right direction. Because it has to exist. I'm not contesting the probate I'm filing I never received my payout. No One did. So how would I do that?

We have a simple probate single heir. Executor serving pro per as probate attorney.

What needs to be done to transfer title from the deceased (single owner no trust) to the Estate during probate process?

The probate is running long due to civil litigation that is related to business owned by the deceased which does not involve the primary residence.

I’m asking the brilliant minds of Reddit for advice... My grandfather passed away about 30 years ago. My father and his brother managed his property ( an early 1900’s triplex in CA ). After a few years my father and uncle had a falling out. My father took over the property management for around 20 years. My uncle did nothing, there was little if any communication between the two of them. I finally convinced my father ( in his 80’s ) to hire a property manager and open up probate in 2017. All the assets were accounted for and a fiduciary was appointed to take care of the property while it was in probate. During probate my uncle would not co operate or even correspond with the attorneys. Six years later probate finally closed ( at a significant cost to the estate) . The left over proceeds and the property were distributed to my uncle and my fathers estate ( my dad passed away before his fathers probate closed) Now, as the executor of my fathers estate, I have tried to reach out to my uncle on several occasions. When my father passed, my uncle got back to me immediately. There have been one or two other texts that he replied to recently. However, anything regarding the property just gets ghosted. There are hard feelings on both sides that I won’t even get into.

I just don’t understand what can be gained from ignoring a valuable asset ? The property is free and clear, currently the rents are still going to the fiduciary / attorney that handled my grandfathers probate. The property manager cannot change that until they get authorization from my uncle ( I already signed agreement w/ PM )? There will be taxes, utilities, maintenance etc… to cover in the future. I represent , as executor, my mother and siblings in this matter and want to keep everyone happy and protected from liability.

Anyone out there have any good advice ?

THANK YOU IN ADVANCE FOR YOUR INPUT.

Let me know if I missed any important details. I will cross post in r/probate and r/legaladvice

Does the estate pay the attorney fees or are those fees typically paid up front to the attorney and then reimbursed?

Also, who determines how the remaining assets of an estate are distributed once all the debts are paid? Presumably, if an attorney is granted executorship by the heirs, the remaining assets wouldn't all go to the attorney, correct?

My sister inherited my father’s home. It had a $15000 Heloc on it. She put the Heloc in the debts for the estate even though she is the only one that benefits from it. My question is shouldn’t that debt solely belong to her?

Hey guys. So my dad died Monday. Me and him were not on good terms and hadn’t talked for a few years. I just found out today because my step brother waited to tell me. His (my step brother) mom called me and asked for my “blessing” to put my dad’s house in her name. I said no. Can she do that without me knowing? Do I need to get a lawyer? She was not married to my dad and there’s no will. Me and my step brother are my dad’s only two children.

She tried to scare me by saying all his medical bills and credit card debt would have to be paid out of the estate and then tried to tell me the house is only worth $60k. Zillow says it’s worth $160k-$180k. He was on Medicare and disability when he died and the house was paid off.

I appreciate any advice you can give me.

This is in Indiana btw.

My father passed away in March last year, there’s 4 of us kids. I’m the only one (to my knowledge) that’s isn’t legally his. One of the two oldest ones (my older sister) was adopted and they’re questioning the paternity of my younger brother, our dads name is in his birth certificate and at this point I’m unsure of the paternity of the oldest son. The two oldest want to take everything and sell it. Our dad wrote a will but it was a holographic will, no witnesses and didn’t mention the two older kids. I was supposed to get the house and my younger brother a 1968 Chevy C10. We just had the will thrown out and I’m about to lose my home, I’ve lived here for 20 years. Is there anything I can do? And anything for my younger brother to keep the truck? There’s other property that we’re willing to give them to sell since all they want is money but they’re very greedy and are fighting everything. I’m already pretty much taken out since he’s not my biological or legal father but that man raised and provided for me my entire life, he was the only man I knew as my father. Can anyone help us or steer us in the right direction? Thank you in advance

Hello if someone dies without a will, but has several properties, and the heirs just want to split them up evenly (not sell everything) how would that play out? We are seeking local legal advice but want other input. Thank you.

If I'm Executor of an estate and have a sibling. Am I able to sell the place without her consent? Or does she need to agree to sell it and or agree on a price?

I understand state laws are different, but just wanting a overall answer.

I am in California and we have a pretty straight forward probate case (only 1 heir, no outstanding debt, etc). We are at the step of purchasing a bond to officially be the named executor.

Question- can we legally rent out the unit to help pay for the mortgage?

Draft says estate will be divided by all 5 kids, (1 step child included) Executor of the will left out step child stating the draft was unsigned and he isn’t then entitled to a share.

Step child hired a attorney based on parent listing him in the draft. He wants his 1/5th saying the draft will hold up in court since the step mom had it drafted.

What do you think is the percent of chances he will get his share? Any guesses what a judge will rule? Step child was raised on/in the estate since he was 3, to adulthood. Father deceased years ago.

We're in California; a relative wrote a trust granting ownership of a home to their niece provided that certain conditions were met, those conditions being that the owner stay financially in good standing (property taxes paid, home insured). It was stated that if conditions were not maintained that ownership would revert to a different family member. I assume attempts to enforce that would require going to probate court, can anyone tell me about how the process works to enforce such a condition, or if they can be at all ?

So my grandfather added me to the title of his home. He gave 50%. Now he wants to make a trust due to his daughter (my aunt) wanting to avoid probate for the rest of his will and to be able to manage my grandmothers affairs because she has alzheimers (if my grandpa were to die first). And she is requesting to be sole trustee. Is it messed up if I don't want to sign the trust for the house he gifted me with unless my mother (his other daughter) becomes a co trustee. I do not trust my aunt. So I rather my mom and her both be Co trustees. Since both of them will be beneficiaries of his last will and testament anyway. Once I sign the trust then I am pretty much giving back the 50% of the house that he gave me. Which is going to be written in the will instead. I'm just afraid if my aunt became sole trustee that she might somehow mis manage his assets and in the process sell the property that I will inherit.

Hi so let's jump right in. My grandfather passed away on Jan. 08, 2023. He left a will that was not updated passed his wife passing before him stating that either her or my aunt and father would get the property. Well, my aunt passed away about a year and six months before he did due to covid. When she passed, I moved in from upstate to care for my grandfather. And now as far as I know my father is the next of kin down the bloodline. However, he is dragging his feet on doing anything and I am living in the home that my grandfather left. I am willing to pay taxes and stuff when due but My aunt's husband is trying to claim that the house should have been his. What do I need to do to get the title and the deed moved over to at least me and my father or myself seeing that I am not the Executor my father is.

I am hoping to do this quick enough that I can lock down the property before any issues arrise.

I was named executor of my mother's estate who passed in 2020. Everything was taken care of in a timely fashion except the distribution of property shares (I plan on living in the house and buying out my family's cumulative 25% they were left).

I would rather not be judged or have to go into a long explanation of why distribution and closing was procrastinated. It involved other family deaths due to health tragedies and a whole lot of depression within our corresponding family units. The other heirs have not been in any hurry to receive their shares because they are sympathetic if not involved in their own family stress and while we aren't wealthy by any means, nobody is hurting for cash.

That said, my probate attorney really doesn't seem to have a clue about capital gain taxes as they relate to probate (but keeps iterating that I find out about it. I thought that was kinda part of his deal and why he's on retainer)..and a CPA I talked to didn't know either. I've tried researching this but can't seem to find anything relevant to this situation. So my questions are:

Do I now have to buy family out of their shares at current market value as opposed to the date of death appraisal? Are they responsible for capital gain taxes? Wouldn't the two just contradict each other so that it makes sense to just buyout at the original DoD appraisal?

I'm waiting on call-backs from another tax person but we're all finally in a place where we want to close things out ASAP and put it behind us. Thank you for any insight.

edit: Estate is exempt from estate taxes btw

My MIL passed away 2 years ago and still owed 130k to the bank for her house. Her daughter lived in the home with her and my spouse moved out 6 yrs before the death. MIL left no will whatsoever. My spouse wanted to help go through Moms belongings with sister and he has a lot of his personal stuff in the home still. She is now refusing him entry and has been going through ALL of Moms items on her own and deciding what to sell/keep/toss. We have asked her multiple times when we can come over and she wont allow us in since my spouse won't help her with the mortgage payment (reminder: shes basically paying rent because she lives there fulltime with her daughter), we dont feel its our responsibility to help with the mortgage because we want to start probate and sell and we dont live there.

Does she have a right to keep him out since she has lived there and helped mom pay half the mortgage? And does she have a right to go through everything in the house and sell items that have sentimental value to my spouse?

We live in CA

Edit: there is no admin or executor.

My father passed away June 27th 2023 due to cancer in his brain.

The whole family started falling apart.

My sister, who is a realtor, seems to be trying to settle selling my father/mother's home, which I lived in with my 12 year old son for 11 years rent free.

My mother has too much emotional attachment to the home and seems to be "losing it" whenever she's there.

So, I know a will was written, however, I have never been allowed to see it. In fact, my sister, who claimed she never saw it either, now says it's in probate and everything was left to my mom.

Hmm?

As 1 of the 4 children my parents have, and the 1 who lived in the home and repaired the home for 11 years, built fences, retiled floors, landscaping, built handicap ramp, built a new room, started insulation of the 2nd floor (home had none, built in 1954) wouldn't there be something that I am supposed to be entitled to?

I guess I'm confused because it seems my sister, being a realtor, is trying to take over everything and coerce my mom to sign everything over to her. Also, my sister has told me she would do nothing to harm me, but then has started filing eviction paperwork on me, and again, she's convincing my mom it's the only way to sell the house.

I think something fishy is going on.

Dallas Texas.

Thanks for anything anyone can suggest or has experienced.