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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.
To gain legal authority or the guardian of estate which allows a fully competent individual the of the use of monetary assets of an individual that has been deemed unable to care for themselves. For example, it is not for the Guardians use it is to pay the incompetent individual(s) utilities, living...
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.
A gift of something contained in a Will.
Waiver of notice means that a person is aware of the probate  proceedings for a will. It also means that a person will not  receive any notifications about the proceedings.
Belongings are to be divided equally between Beneficaries or goes  to cherities   *********   It also depends, initially, whether there is a will and appointed  Executors.
  in the probate office of the county the deceased resided in.
As a general rule, none. California does not recognize common law  marriages. But, exception do exist.    One, you are named as a co-owner. Here you have a right to a  portion of the property. If you are named as a joint tenant, you  may receive all of the property (along with any other...
No. If a trustee of a living trust dies, then the successor trustee  takes over. If there is no named successor trustee, then someone  should file a petition with the court to name one.
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...
Typically the trustee is the successor bank, but it does depend on  wording in the trust as well as potentially state and/or federal  banking laws.
Tennessee courts typically base the fee on the following: if the  value of the estate is under $50,000 a minimum fee of $500 to the  estate 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...
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 transition  of the assets of the deceased to his/her heirs. Those heirs can be  named in a Will, or, if there is no Will, then they are determined  by the laws of intestacy of the jurisdiction where the deceased  resided. Probate is...
  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...
Yes, and frequently this is the case. (By "inherited home" I assume  you mean property the decedent owned prior to death and that is not  subject 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 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 be  viewed. 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...
It is possible. You need to contact an attorney to file a motion  with 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...
Generally speaking, if a person has reached the age of 18, then  he/she is of the age of majority. In such a case, his/her estate  can be probated, with or without a Will.
In the state of Missouri, the wife automatically inherits property  of her deceased husband. When either spouse dies, the surviving  spouse has an undivided interest in the whole property, and the  right to sole ownership.
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...
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, as  the fee is taxed as income to the executor.    Although this general answer is provided by an attorney, it should  not be taken as legal advice regarding...
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 gets  to say who gets what. If there is no will, the state laws will  determine how it is distributed.
not under its probated    I do need a lawyer seeing I do not understand the questions asked  in 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 the ...
Your question is too broad. We cannot place the Pennsylvania Probate Code in this answer box. You can access the code at the link provided below and read the sections one-by-one. Click on the link, "Go Directly to Title 20 Contents."
Yes and no.    The administrator or executor (collectively called the personal  representative) of a probate estate (as opposed to a trust  administration) is granted authority under state law to perform  certain acts in administering the estate. Most states require that  the representative...
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 can petition the court for appointment of a co-executor. It depends on the practice in your particular court. The court may question why you accepted the appointment if you can't perform your duties and may want to appoint a replacement. On the other hand, it may allow your petition. You should...
  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's  law.    In California, the proper venue for probate of a will is the county  of the decedent's residence or any county where the decedent owned  real property.    Sometimes, a will is probated in more than one state....
"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...
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.
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.
90 days probation means in court that you get to go free but if you do something illegal within 90 days you go back to court and is a possibility you can go to jail depending on what you did hope this helped if not very sorry
Yes. if it was parole, no. They would have to put you in a halfway house. In this situation they dont have to provide anything to you because you fell through the system. It is you that have to get on your feet.
Nothing, it is up to the mother whom she wishes to will her house to.     ==Clarification==     In some jurisdictions the disinherited children can waive the will and request an intestate share of the property. In Massachusetts, the mother would need to specifically state that she is...
All your father's children are entitled to an equal share in his estate. You can check the laws of intestate distribution at the related question link provided below.
Yes the canceled debt should be included. It is the same as income. Taxes have to be paid on all income.
When your boyfriend made his will he would have appointed an executor of the will for it to be a legal document and the executor has a duty to carry out the wishes of the deceased as stated clearly and without doubt in the will therefore you do not have to find the will of your deceased boyfriend as...
The named executor must file the will in probate, generally within 30 days of the testator's death, and request appointment as executor. Once appointed by the court the executor will have the authority to settle the estate according to the terms of the will and the state probate laws under the...
  In most countries, marriage annuls any wills made before the date of the marriage. You need to get professional legal advice.
No. She must file the will with the probate court and request appointment as the executor. If she is appointed then she will have the authority to settle the estate according to the provisions in the will and the state probate laws under the supervision of the court . The will and probate file...
The court appointed executor must file an inventory of the estate with the court. Once the debts have been paid and the remaining estate has been distributed the executor must file a final account to show the disposition of the assets that were reported in the inventory. The court will compare the...
They were the subservient group on the bottom of the totem pole.
Yes, you can use a small estate affidavit for opening estateaccount. In order to do so, you have to go through with these steps: . No will- Person that died should not left a will. There must bno will. If there is a will, this will not be a right procedure touse. . Estate must be less than $50...
Answer \n. \nIf your father transferred his property to a trust and the trust is valid then the property isn't part of his estate. The language in the trust instrument should control this situation. If the original trustee died the trust instrument should provide instructions for appointing a...
  If someone dies intestate in England and Wales there is a complex matrix of who gets the estate, designed to satisfy the probable wishes of the deceased.   Basically, if you are married your spouse gets the first big chunk with the rest going to your children if you have any.   If you...
That would be determined in the settling of the estate. As part of  the settlement, the vehicle will be sold, given to the appropriate  person or returned to the dealer.
No. Your father's estate belongs to all of his heirs-at-law. Any child can petition the probate court to be appointed the Administrator of the estate. The Administrator must first pay the debts of the decedent and then must distribute the estate to the heirs-at-law according the the state laws of...
The estate of a decedent passes according to the provisions in the will or according to the laws of intestacy if there is no will. You can check the laws of your state at the related question link provided below.
The Administrator should bring the situation to the attention of the court and the court can issue an order. Non-compliance of the order will result in the surviving spouse being held in contempt of court and the court can issue further sanctions.
A joint account passes to the surviving account owner if the co-owner has died. If a person who has executed a POA is a joint owner of an account, their attorney-in-fact can access that account, or any account, on behalf of the principal while the principal is living unless the principal...
The legal ethics opinion number 1473 states. The committee has previously opinioned that an attorney engaged to represent an estate enjoys an attorney/client relationship with the personal representative since that individual "assumes the legal status as the agent of the decedent and is the...
It depends on state law. In Missouri, you can put it in the will.
When a family member dies the first thing to do is to register the death usually within five days after the death unless you are waiting for a coroner's report. Then you need to petition for allowance of the will and for appointment of an executor if the deceased has left a will. You must petition...
It depends upon what you mean by co-owners. If they own the property as "Tenants in Common," then they each own a particular percentage of the property which they can pass along at their death to whomever they wish. If they own the property as Tenants in Common, then yes the deceased brother's share...
I was told by an attorney to go to the city clerks office in the city where the will was probated. A small fee (He said $6) was required....This was in New York State.
  Yes. But make sure it's OK with the custodians of your choice BEFORE you file you will.
Technically it is theft. They are suppose to provide a complete inventory of the estate to the court with the valuation of all assets. If they are trying to avoid paying taxes on this, they can get into trouble.   Another Perspective: Nothing in the question implies that the executor is stealing...
An estate is the total value of all your assets at the time of your death.
The wherefore clause is where you ask the court for the relief you are seeking.
The named executor in the will (or some other qualified person if the named executor will not or cannot serve) must petition the probate court for appointment as the executor. Once appointed the court will issue Letters Testamentary and the letters grant the power to settle the estate.
Yes. The executor can file a resignation with the court. They may be required to file an accounting of their activities up to that point. The court will appoint a new executor.
In most states there will be an automatic change to the will. The state doesn't like having children with no support. But you should get a will made particularly if you want to control who takes care of the child after you are gone.
  The executor is responsible; but he/she has the right to sue the persons who got the money improperly to have that money returned. This right is essentially one that he/she has in order to get reimbursed, because if he/she cannot recover the money he gave out , he has to come up with it out of...
Yes, the estate of the deceased is responsible for all debts, including the collection of legal fees as allowed by judgment or law.
  To show competence you should show that you work well on your own initiative as well as part of a team and that you are capable and able to see a job through to the end and do your very best at whatever you turn your hand to.