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Probate

Parent Category: Estates
Probate is the process and the type of court that handles the evaluation of an estate. This includes the inventory and the subsequent liquidation through settling debts and the transfer of property.
Probate is the legal process by which a person's final debts aresettled and legal title to property is formally passed from thedeceased to his or her beneficiaries and heirs. There are manyarguments for and against probate and its value in an estate plan.
Yes if they go through probate. There is an intestacy law that specifies distribution. Without going through probate, the state could claim the property. Consult an attorney in Florida.
This might be a case of what is called a gift causa mortis. Normally when a person dies intestate (without a will) the person's possessions derive to her heir. Normally a husband would be the first heir followed by an issue (kids or grandkids) but this can differ based on law from state to state. A...
If they left any property in their own names the estates must be probated in order for title to property such as bank accounts to be changed. An estate of real property must be probated in order for title to pass to the heirs legally.
A gift of something contained in a Will.
Waiver of notice means that a person is aware of the probateproceedings for a will. It also means that a person will notreceive any notifications about the proceedings.
Belongings are to be divided equally between Beneficaries or goesto cherities ********* It also depends, initially, whether there is a will and appointedExecutors.
A "Petitioner" is a person who brings a petition. They are kind oflike a plaintiff in a civil suit. They are asking the court to dosomething, that is make an order effecting their, and potentiallyother persons, rights and property. A "Respondent" is the person who (yup, you guessed it) responds...
While I am not sure what you mean by "cost to become an executor ofthe estate," you might find this information useful on the cost toopen an estate. To be appointed as executor or administrator of the estate(executors serve is there is a will, administrators serve if thereis no will or no named...
An executor is not allowed to do whatever they wish unless thatpower was specifically granted in the Will. An executor hasabsolutely no power until the Will has been filed for probate andthe court has appointed the executor. Once appointed the executorhas the authority to settle the estate ...
That depends on how the initial Power of Attorney is drafted. It can be set up so they may act independently or so that they must each sign every document or check together. It should be discussed and analyzed ahead of time to avoid confusion.
in the probate office of the county the deceased resided in.
As a general rule, none. California does not recognize common lawmarriages. But, exception do exist. One, you are named as a co-owner. Here you have a right to aportion of the property. If you are named as a joint tenant, youmay receive all of the property (along with any other joint tenantsor co...
No. The point to a will is to deem who you want to receive anything is named. Unless the will was made before you where born I don't think that you can challage that either. If your father did not know you would exist the date the will was made, then I think you might have a case. but in all...
At the probate court, at the local law library and from a local probate lawyer.
No. If a trustee of a living trust dies, then the successor trusteetakes over. If there is no named successor trustee, then someoneshould file a petition with the court to name one.
The duties of the Executor are too broad to write them all in this forum and they vary from state to state. Briefly, the general duties are the following: . Safeguard the assets, changing locks if necessary until the will is presented for probate . Select the attorney who will handle the estate ....
A sibling cannot appoint himself the administrator of an estate. Only the probate court can make that appointment. He needs to petition the court to be appointed and if you have objections you can submit them to the court. There will be a hearing and the court will review your objections. Another...
No one can accomplish anything by one visit to the courthouse. If the renegade sibling filed a petition in probate court to be appointed the administrator of the estate the other siblings will be given notice of the date of the hearing and can follow the instructions in the notice to object to the...
The second marriage is invalid, so the children of that marriage are illegitimate. Whether illegitimate children are entitled to a share of the inheritance depends on the law of the particular country involved - which you do not specify.
Typically the trustee is the successor bank, but it does depend onwording in the trust as well as potentially state and/or federalbanking laws.
Tennessee courts typically base the fee on the following: if thevalue of the estate is under $50,000 a minimum fee of $500 to theestate executor is considered reasonable.
About 80% of the Third Estate were agricultural workers or peasants who lived and worked on the land owned by the Nobility or the Catholic Church. They were the subsistence farmers, swineherds, shepherds, dairymen, milkmaids and vinters who produced the grain, meat, produce and wine that fed and...
Retain an attorney to work things out, do not try to go this alone.
People support it because they believe in second chances and/or to save their taxpayer dollars. Authorities support it because they don't have to house people if they make parole. It can be a revolving door, especially since parole violators are not sent back to prison unless the parolee does...
If you are excluded from the WILL and you want to get points across and cant afford a lawyer can it be done ?!
The purpose of probate is to allow for an orderly, legal transitionof the assets of the deceased to his/her heirs. Those heirs can benamed in a Will, or, if there is no Will, then they are determinedby the laws of intestacy of the jurisdiction where the deceasedresided. Probate is usually needed in...
The answer depends on whether your father's estate was probated and who owns the property now.
Generally, an executor doesn't need to be the "legal spouse".
this will depend on the laws of the country in which you live. However, in general. 1) The death certificate should be issued by a physician 2) The death must be registered (within a certain number of days) by the next of kin. 3) The surviving family should be informed 4) The funeral should...
Yes, and frequently this is the case. (By "inherited home" I assumeyou mean property the decedent owned prior to death and that is notsubject to a specific devise, "I have 123 Smith Street to Jen Doe." In a normal probate, all of the decedent's assets are liquidated,their debts paid, the the...
Asset information forms need to be completed upon death of someone.This is the same for insurance policies, beneficiary designations,deeds for real estate, car titles as well as closely held businessdocuments.
In most cases the debts of the deceased, including hospital bills, are the responsibility of the estate. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. If there is not enough to cover the bills, they should present a plan to the court as to...
While that would help speed up the process after she dies, it isn't necessary because she has a will.
The probate of an intestate estate is commenced when someone files a Petition for Administration.
If the decedent died owning any property in their own name the estate is responsible for paying their debts. The creditors and any unknown heirs must be provided with the opportunity to make a claim against the estate. If there is real property, title will not pass legally unless the estate is...
You need to consult an attorney who specializes in probate in your area who can review the situation, the first probate proceeding and the will, and explain your options, if any.
If the Will has been probated, it is public record and can beviewed. Check with the probate court(s) where the deceased resided.
You must be a qualified person under state laws (usually a family member or creditor) and you must file a petition with the probate court asking to be appointed the administrator. If eligible you should inquire at your local probate court to obtain blank forms and to determine what must be filed...
The trustee has only the powers that were granted in the document that created the trust. The trustee is prohibited from self-dealing by law. In this case, the trustee would be transferring the ownership of the real property to himself/herself. That may or may not be in the best interest of the...
No. A Power of Attorney expires immediately upon the death of the principal or the attorney-in-fact unless the Power of Attorney document provides for a named successor.
They could challenge a will but there is no guarantee of success. Inheritance from a father who was not married to the mother requires proof of the biological relationship by virtue of one of the following: . The father consents in writing to be named as the child's father on the child's birth...
It is possible. You need to contact an attorney to file a motionwith the court.
You may be entitled to a share of the proceeds from the sale of your deceased mother's house. You will, however, have to file a claim.. Remember that if your mother left any debts, like a balance on the mortgage, the court or arbiter is obligated to weigh heavily in favor of the lender. Any...
You need to obtain a court order. You must do so ASAP. Keep in mind that an executor has no legal authority to deal with a decedent's bank accounts until they have been appointed by the court. If the executor has been appointed by the court you must file a motion immediately to have the letters...
Any interest that was earned from the estate over that time will be included in the payout. The trustees will have invested the money and the interest accumulated.
Generally speaking, if a person has reached the age of 18, thenhe/she is of the age of majority. In such a case, his/her estatecan be probated, with or without a Will.
Typically a will must be filed -- usually in court. Whether you need to actually open a probate estate, however, depends on the size of the estate and who the heir is. For example if the estate is very small and the heir is an adult, the state may have a procedure that simplifies the process. If the...
In the state of Missouri, the wife automatically inherits propertyof her deceased husband. When either spouse dies, the survivingspouse has an undivided interest in the whole property, and theright to sole ownership.
The debts have to be resolved before any distribution can be made. If there is nothing left after paying the bills, there is nothing to give you.
It is the duty of executors to inform all beneficiaries of what ishappening with an estate. The executors have to keep thebeneficiaries updated every step of the way.
England and Wales Once they have been executed, they become public records. United States Once a will has been filed for probate it becomes a public record.
The executor must be appointed b y the court. If you have the will in your possession you need to file the will for probate and request that the court appoint you as the executor. Once you have been court appointed you will have the authority to settle the estate according to the provisions in the...
You can travel to the probate court where the decedent died and check the index to see if a probate was filed. Take a notepad and pen with you (and a camera if you have one to photograph the documents). If a probate was filed you can request to see the file and make notes of any documents in it.
You must look to the trust document to determine how you make a change in the trustee. You must follow the provisions in the trust.
Living in Scotland would not preclude you from suing in this country's courts as long as you have a valid reason to sue. The fact that everything was given to one brother to the exclusion of the other is not in and of itself grounds to open up a will contest even if your father simply didn't like...
An executor must be appointed by the court. If the testator has died, you are the named executor and you don't want to serve then you will need to file a "Declination" when the will is filed for probate. The court will appoint someone else as executor.
No, it does not. Life Insurance is a contract between the deceased and the insurance company. Unless the estate has been listed as the beneficiary, the will has no affect on the policy.
Yes. Most, if not all, states allow an executor to waive their fee.This is common where the executor is also an estate beneficiary, asthe fee is taxed as income to the executor. Although this general answer is provided by an attorney, it shouldnot be taken as legal advice regarding your particular...
Generally, a person who is mentally ill cannot execute a power of attorney. If that is the case, she can petition the probate court to be appointed his guardian. She should consult with an attorney or a legal advocate at the court of there is one available.
Most likely, no, if by "probate a will' you mean getting that will admitted to probate and getting Letters Testamentary issued. Most states handle that matter at a county level and in a way that any person can do themselves. Most will have clerks who will fill out the appropriate forms for you. ...
Certainly, if that is how the will was written. The deceased getsto say who gets what. If there is no will, the state laws willdetermine how it is distributed.
They want to know what property was included in the estate and where it went.
Their property becomes part of their estate and will be distributed according to their will or by the state laws of intestate succession if there is no will. See the related question link below.
not under its probated I do need a lawyer seeing I do not understand the questions askedin a will so how does one find a NEEDED LAWYER? In Ohio (I'm not sure of other jurisdictions), you don't "record"the will until the person whose will it is has died. You have thewill witnessed & notarized when...
Presidents Day is a Federal holiday. The courts will be closed.
Your question is too broad. We cannot place the PennsylvaniaProbate Code in this answer box.
A testator chooses an executor to take charge of and settle their estate after they die. The executor must file the will in probate and must be appointed by the probate court. The executor has no legal power until they've been appointed by the court. The court generally will appoint the executor...
Yes and no. The administrator or executor (collectively called the personalrepresentative) of a probate estate (as opposed to a trustadministration) is granted authority under state law to performcertain acts in administering the estate. Most states require thatthe representative give notice to the...
Estimate three point ninetynine percent of the value of your gross estate for your executors fee.
If your mother passed away during the year, yes. The 1040 is for the time that she was living. The 1041 covers the estate for the remainder of the year.
You must file the will for probate and petition for appointment as executor. The court will give you the authority to access the bank accounts once you have been appointed.
You may be able to get a small estate waiver, depending on the jurisdiction. Chances are you are not going pay any taxes, but you still have to file a tax return.
For a person dying after 1/1/2003, $1,000,000.00 (one million dollars).
Where a will is probated (called venue) with depend on your state'slaw. In California, the proper venue for probate of a will is the countyof the decedent's residence or any county where the decedent ownedreal property. Sometimes, a will is probated in more than one state. This occurswhere the...
You can review the Pennsylvania code that governs the appointment of guardians for a minor at the link provided below.
"Letters of Aministration" is the formal name for the document that a probate court issues to a person who is appointed to handle the estate of a decedent who died without a will. "Letters Testamentary" are issued to executors when there is a will. To apply for Administration, the local probate...
If they are the sole possessor, yes, they have the absolute right to choose who gets it next by explicitly stating so. However, if they do not define the heir to the estate (via a will or otherwise) then the estate is divided amongst all immediate family according to law.
It is a period of probation consisting of 90 days.
The doctrine of caveat emptor places the responsibility on the buyer alone to determine the quality of the goods to be purchased prior to the sale.
the phrase caveat emptor means "let the buyer beware". Its legal meaning is that the buyer needs to exercise diligence when purchasing something. If something is too good to be true, it usually isn't.
A wife has legal rights whether or not she is the executor. Most states have a statutory provision under the doctrine of election. Under that provision, a wife can claim a statutory share of her husband's estate if her distribution under the will is less than she would receive by law. You should...
The maker of a will should take every precaution so as to make the will not vulnerable to challenges. The witnesses should not be related to you, and should not be a beneficiary. You should pick objective witnesses instead of a beneficiary, spouse or other relative. Yes, in many states a witness...
That is true in most states.