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Probate

~1300 answered questions
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.
go to: www.state.ga.us find the state laws and look at the UCC section
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This is a good question. The answer depends on what your are making the beneficiary designation for. That is, an estate, trust, life insurance policy, IRA or retirement account, bank account. Also, what is the total amount of your assets, are you in a community property state? Finally, what do you w…
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All plaintiffs have to prove their case to the satisfaction of the judge or jury. When someone is sued for a debt,information concerning the collection of the debt will already have been offered to the defendent. It would be in the form of a letter informing the debtor they have 30 days to request v…
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Yes. Mental health laws and state statutes provide that any concerned party may give testimony at a competentcy hearing.
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Yes. You may contact creditors and inform them of the situation. This will not keep them from intitiating collection action or reporting to credit agencies. Having a power of attorney does not make the person financially obligated. In some (not all) states a power of attorney grants legal authority …
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Old bankruptcy cases are archived. I believe there are different archive locations based on the district in which you filed your bankruptcy. One way to get old bankruptcy documents is to contact the Bankruptcy Clerk's Office for the district in which you filed, and ask them where the archive locatio…
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No, not unless you are otherwise liable for the debt. Surviving a decedent has nothing to do with liability. However, if you had an obligation to support the decedent, you may be liable for that person's "necessaries." If you are the decedent's surviving spouse in a community property state, your ha…
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Executors and Heirs' Rights If you do not agree with the executor, you may wish to hire an attorney to act on your or your families behalf. Heirs do have rights, but, as with most issues, heirs need guidance from someone. Attorneys are educated in all aspects of the law. Most specialize in something…
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Revocable Trusts A revocable trust is one where usually, grantor/trustee/beneficiary are the same person. It can be revoked or amended any time until the person's death. Upon death the trust property bypasses probate and assets are distributed to the heirs.    Clarification A trust is …
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POD's can only be revised or revoked by the person who initiated the action. In order to overide a POD it would have to be proven that it was fraudulent. For example, the person was legally incompetent at the time it was made. POD accounts are sometimes "frozen" if there is estate tax owed.
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It depends on what was in your father's Will. He could have left something to all of you or left everything to his second wife and any children they had together. The first thing to do is contact a lawyer and get a copy of the Will. You will need this first before going onto the next step of "contes…
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Attorneys fees do not receive any special treatment and are dischargeable in bankruptcy.They may receive special treatment where they were awarded as part of a divorce or separation agreement. If the attorneys fees are found to be in the nature of a support obligation then they will not be discharge…
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was the father-in-law a member of the armed forces?[navy-army-marine-etc.] IF NO- Gather family members up and arrange for the least expensed burial which is cremation which is about $500 dollars depending on your living environment. If Yes contact the armed forces- arrangements will be made.
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Yes, you can go to a lawyer and have him "contest the Will" for you. The reason for this is, if you don't trust your relative who is Executrix (women) Executor (man), just this action alone will make that relative "stand up and fly right" because they could get into trouble. What is due you, you sho…
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In Canada if someone does not leave a Will any properties or monies can be left to government. In some cases if you seek out the advice of a lawyer you may have grounds to stop this action. This is why it is so important that people have Wills. Unless your fiance' named you in his Will as Executri…
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THE TENANT IS STILL ALIVE BUT HAS MOVED Answer we need to know more facts. Who granted the life estate? Are they still alive? Were there any terms to the life estate, such as "if unable to occupy for six consecutive months, the life estate terminates". The person granted the life estate can als…
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Texas intestate succession laws are quite complicated, especially when they pertain to married couples -- Texas being a community property state. Professor G. Beyer teaches at TTU school of law and has a very informative site concerning such issues. http://www.professorbeyer.com It depends on t…
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Answer Usually the next of kin will be sought after by a company "In Trust". Children of the deceased will be sought out, or if there are no existing children it can go to a sister, brother, parent of the deceased. Answer The court will appoint a new executor. The residual amount then goes into t…
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Unless there are instructions in the will they should be turned over to the heirs-at-law and next-of-kin. (Who would take them under the "estate" anyway.)
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Her estate is responsible for all debts. The credit card company could file a probate proceeding if there are assets in her name to satisfy its claim, but it is not common for small unsecured creditors to do so. If a spouse, children or devisees named in her will seek to collect her assets as part…
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Some people feel because they are left as Executor of a Will they can do as they want. It's a serious position (that you can decline if you so choose) to be sure the Will is carried out by the decease's wishes. The Estate would go into Probate and this means that ALL MONEY, PROPERTY, STOCKS, BONDS, …
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Answer Yes it is necessary to see an attorney because the deceased has not left a Will. All debts of the deceased must be paid off and that is why there is "Probate." This includes property taxes, personal taxes, charge cards, etc. If the deceased had no property or nothing to leave behind then e…
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Answer No they can't. However, if the beneficiary is being unreasonable, then the Executor has the right to ask the beneficiary to deal with him through their lawyer. Answer An executor can deny a beneficiary access to property in an estate. Once again though, you must check the laws of the jur…
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An heir to an estate that is in probate can receive an "advance" against his or her beneficial interest in the estate. Because the "advance" only affects that heir's share, it can be done without the consent of the other heirs. Most of these transactions are structured as purchase agreements, not in…
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If you are the executor of someone's estate, it is fairly simple to sell their car. You have to wait until the estate is settled and that you have proof that you have the authority to act on behalf of the estate and copies of the death certificate. In most states, you would then simply sign the back…
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Answer If no executor was named in the will, then a person may petition the court to be appointed as such. Contact the clerk of the probate court in the city or county where the deceased lived and/or owned property. Answer 2: If no executor was named in the will, then the will is technically no…
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Answer In this specific case, yes, but it can vary. If it can be proven that the daughter had lived only seconds longer than the mother the estate would go to daughter's and thence to her heirs. In this case, two weeks, it would become part of the daughter's estate. However this can have…
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Answer The minimum time in Illinois is six months. Generally the estate has to be open for six months to wait for claims to be filed. However, if the decedent has already been dead for 2 years then the statute of limitations to file has passed and if everything else is taken care of then the e…
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Go to the probate court and ask to be appointed the executor. In most places there is a simple couple of forms to fill out, including a listing of all possible beneficiaries.Aggie80 Probate Attorney
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United States: No. Your spouse is not legally entitled to your inheritance from your parents. It is considered your separate property in a separate property state or a community property state.
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In one form yes. If you stated in your will that you wanted it carried out after the signing and witnessing of your will it would be done.You picked a rather bad date to try to answer your question. 1723 had lawsuits over estates like crazy. Even going as far as bringing the cases to England to have…
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The Executor has the right to sell the home, but, must contact all Heirs to see if they agree and give one of them a chance to buy the home if they so choose as long as it's at market value. (Be sure the house taxes are up to date first.) The money from the sale of the house will be put into the Est…
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If the trust took out the auto loan the answer is yes.Usually an individual or a company takes out a loan If an individual took out the loan , and died without satisfying the loanthen the loan company would have a claim against the vehicle , and if theindividual passed away their estate would be lia…
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The deceased passed away 2 years ago in Missouri. The grandson that had the power of attorney has not filed the will as of yet that we know of. The other two grandchildren are wanting to get it settled as their grandparents house was supposed to go to the youngest grandchild. This has not happened y…
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I am not an attorney, but I recently visited one and was told that if they are responsible for handling all my business after I passed, they would charge a percent of what I'm leaving for their fees and then they will distribute the rest to the beneficiaries that I have listed.The person who has bee…
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No. She cannot force the sale of the home, but she can file a lawsuit and request that the property be partitioned. The judge would decide if the property would be subject to sale. Judges generally give the person who does not want to sell the property the opportunity to buy out the other owner(s).…
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If they left no will, the estate will escheat to the state. If they have no property, their burial will be paid for by the state, otherwise the estate will pay for the burial.
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Estate Doucments signed by an Executor An Executor signing a legal document for an Estate must include "Executor, Estate of...." Also, as Executor, you may have to request various information (non legal)in writing, and must include Executor, Estate of with your signature. Some info may require pr…
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I must add...Health Care debt was to be covered by Living Trust arrangement and was in litigation at time of other owner's death. Right of Survivorship was not altered prior to owner's death.
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In some cases a testator sets up a trust in her will. That type of trust is called a testamentary trust. Some trusts can go on forever especially with a very wealthy testator who wants to maintain control over her estate even after death. In some cases a trust is established by the testator when the…
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File a request with the probate court to obtain a copy of the will and any other pertinent documents that have been presented to the court. POAs become null and void upon the death of the grantor.
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Let's qualify the answer: All property not otherwise disposed of either during a person's life or by operation of law upon death. For example: A checking account that has a designated POD (payable on death) beneficiary named in the bank's records, would generally not be subject to probate. If Joe …
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The individual has his or her will amended to show the new named executor or executrix. The amending will need to be witnessed and notarized (preferably) in the same manner as the original document, but not neccessarily by the original witnesses.An executor or executrix who has been appointed by the…
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It depends entirely on if there was a Will and what the Will provides. It may have a clause that the beneficiaries have to survive the deceased by a certain period of time. Otherwise, their share goes into their own estate. It may very well be that the other heirs are going to be beneficiaries of th…
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to the parents they are blood related to, or adopted, otherwise they must make them an heir by including them in their will.
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Unless the person is the executor of the deceased's estate or is a joint account holder then he or she cannot gain access without an order from the state probate court.
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YES! Especially if the "adult child" is not financially tied to the parent or still living under their roof. To call someone "below you" is the definition of condescending. Living your life with hierarchies in mind, can only damage one's relationship with their "adult child" as their move from moth…
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Check with the probate court of the state or county within the state where the decedent resided or was domiciled at the state of death. That is where the will will be admitted to probate and once it is admitted to probate it becomes a public document just like deeds are. Everyone is entitled to see…
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The tenant is the owner, fee simple, for his/her lifetime and pays taxes and insurance as anyone would on land they own. Instead of having an heir, a life estate has a 'remainder' (one who remains) and that person takes ownership after the demise of the life tenant because the deed/title was in the …
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*Check with an attorney, or the court that the trustee makes his report to. *I am not sure you have a right to these. In fact, it may not be right to show them to you and are to be kept confidential. If you have a - specific relevant question or concern -, not just want to go snooping for somethi…
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You can search their name at Google Ecuador (www.google.com.ec). This is difficult if you don't speak Spanish (more on this later).You can also use the Ecuadorian version of Facebook: Sonico.com. Again, you need to be able to write and understand Spanish. Just a few months ago, I found a long, lost …
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Probation means the release of an offender from detention subject to a short period of supervision.
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Maybe, but not normally. Unless the step-child was adopted they are not a descendant of the deceased. However, if their parent received the estate through their spouse, they may have a claim. You need to consult a probate attorney in your jurisdiction with all of the specifics.
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An estranged wife has a right to her deceased husbands estate if a divorce has not taken place, as she/he is deemed as next of kin, but very few ex partners would claim on the estate as it can become a legal minefield, if a divorce has been granted then she has no rights whatsoever on the estate.
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TOD stands for 'transfer on death'. Transfer on death (TOD) registration allows you to pass the securities you own directly to another person or entity upon your death bypassing probate. TOD arrangements can be made for all your bank accounts and your retirement accounts. TOD is a legal agreement w…
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A certificate granted by the family division of the high court of justice proving the validity of a will and proving its registration and administration. At death, your will goes through probate. Probate simply means the process by which your last will is determined to be your final disposition sta…
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Generally, the person seeking the suit must file in the county in the state in which the defendant is a permanent resident. Jurisdiction is determined by the specifics of the case; for example, if the suit is in regards to a vehicle accident where someone was injured, the suit can be filed in the c…
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In order for there to be an estate, there must be a trustee. You don't have to name one in your will, the court will appoint one. And many banks will serve as a trustee.In most estates no trust is created and therefore no trustee is appointed. Generally, the only fiduciary needed is an executor (wit…
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Visit the probate court where the decedent resided and check for their name in the files. If you find a case listed under their name you can request it and review the file.
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Answer usually a warning or a condition one should be aware of as in the latin phrase caveat emptor which means buyer beware!! and that is the full extent of my knowledge of latin In addition to the above, the term "caveat" refers to a challenge of the validity of a will after the decedent has d…
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There is and generally it is pretty short. Each state has its own statutes of limitation or court rule stating the time limit for contesting a will after being admitted to probate. You must look into that state's laws or court rules for the definitive answer.
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Yes
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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 prop…
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By executing a document saying that the trust is revoked.
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You can obtain copies from Eternal Word Television Network (ewtn.com) which was founded by Mother Mary Angelica of the Annunciation.
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One Answer: Estate Planning Yes, in a number of different ways. For example, if the deed is in joint tenants with right of survivorship, the title transfers automatically to the survivor. Or property can be owned by a trust, partnership, or corporation (among others) that obtains the property fro…
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how long does it take to know if you are in someones will in the state of Florida
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As long as that property was put in trust, the executor has no legal right to upset what has been put in that trust. I understand that the executor is only present to fulfill the wishes of the deceased and abide by the rules and (your state) laws as to what needs to be finalized. there are instructi…
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Answer The answer will depend upon the laws where the person lived (or owned property) and the circumstances of the estate. There are volumes written to assist executors with the overview of the process and how to select and manage any necessary legal assistance. Basically, the first questio…
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Yes, the executor of an estate is entitled to reasonable compensation for services rendered to the estate.
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In most states, an executor has 60 days from the date of death to notify an heir. The process may take somewhat longer in some states.
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The administrator of the estate is the one the court will provide letters of administration to. Only a certain class qualifies including heirs-at-law, creditors or a public administrator.
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Certainly you can contest it before and even during the probate period. The court is then likely to appoint a neutral party as the executor. They usually go with an attorney or a bank. Generally, when a will is presented to the probate court to be proved and allowed the person making the petition …
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A letter of testamentary is a court document that identifies the executor of an estate.
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You should have in hand the death certificate and the will. Go to the courthouse in the county that the person you are executor of lived in. Show the death certificate and will to the probate court office and tell them you need to set up a 'Probate hearing"..this is the point that my husband is at n…
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They charge the estate and take it out. The rate has to be approved by the court and documentation provided to show the effort expended by the executor. If there isn't a cash account, the bill can be added to those of the creditors and the assets shared as necessary.
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Only if one of the heirs was specifically named as a joint owner of the account(s). Otherwise, only the "Executor" of the deceased's estate could obtain them. However, if the deceased died without a will ('Intestate') the heirs could eventually obtain the banks records via an order of the Probate Co…
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The executor is often a beneficiary of the will. They have to show the court a complete accounting of the estate. This means the judge has to validate that they aren't taking more then they are entitled to.
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There is no exact dollar amount that must be probated. The dollar amount will vary from case to case with the IRS.
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it sounds to me like who ever asked this question may have killed someone and is curious how long it will take before they will be caught. i think this person should be watched and if any of there kin folk are found dead then the person who asked this question should be investigated.I live in anothe…
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In the Uk, assuming you are the named Executor, you can employ a professional or for personal applications you send the will, death certificate, the completed IHT205 or IHT400 and form PA1 to the local probate registry. You will then be invited to attend an interview to ensure you are the rightful p…
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There may be a reason you haven't disclosed why lawyers refused to help you. If you have a legitimate claim you should be able to go to your lawyer and sign a consent form so they can search for the money with the banks in the area. You could also check the probate records for your father, review th…
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taxes on lottery winning of 800,000 in the state of WA
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No it is not part of their estate, because once the person is dead the life insurance benefits belong to the designated benificiery.Who unless it is their spouse, is not responsible for the deceased debts. Edit: Life insurance proceeds payable to the beneficiary(s) are not themselves subject to col…
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In order to get an answer to this question you must provide the details of how exactly you "placed mothers house in a Life Tenancy with me as the care giver". It must have been done through a deed and you need to provide the details. Whoever owns the real estate can sell it as long as the life estat…
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Go to the bank with signed proof of the parent's death, and proof that you are the executor of the will, or that you are a trustee if the account/box is in the name of a trust. You should have your parent's safe deposit box key.
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Your mother's estate is responsible for paying her debts. Her debts must be paid before any property can be distributed to her heirs. If the debt is greater than the value of her estate, then her creditors are out of luck. You should consult with an attorney who specializes in probate who can review…
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Yes, they can distribute funds prior to the end of probate. They have to record it and report it to the court. They also have to show that they have reserved enough to handle any unexpected debts and liabilities that might show up.
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It depends. A court appointed special advocate can be a legal representative if he or she earned a law degree, however no legal experience is required. A court appointed special advocate typically works as a volunteer and can have a variety of education and professional experience. The advocate assi…
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The only way is to read the deed. It will specify how the title is written. For example, if it says "joint tenants", "jointly" or "tenants by the entirety", or "a married couple", it is joint title. Otherwise, if it simply lists two or more names then there is a presumption that they are are "tenan…
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Overall inheritances do not affect your federal taxes, since the taxes are already paid on by the estate. It gets a little tricky if you inherit traditional IRA's. Also, once you've taken possession of the inherited asset such as a CD or stock, any dividends or interest earned must now be reported o…
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After the death of the testator the executor must submit the will for probate. Once appointed by the court, the executor must pay the debts of the decedent, and settle the estate according to the provisions in the will and the state probate laws, under the supervision of the court.
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Answer what are my rights as a trust beneficiary? Possibilities; Note that a trust can be otherwise impossible to break (especially spendtrhift). 1. if trust purprose is no longer valid. 2. judicial order for cause. 3. spendthrift - prove to trustee that you can handle $$. 4. spendthirft - w…
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Caveat emptor is Latin for "Let the buyer beware." It means that in a contract matter where one person is buying something from another person, the buyer has the responsibility to make sure what he is buying is in good shape. Once he takes delivery and the money changes hands, the buyer can't compla…
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At death, your will goes through probate. Probate simply means the process by which your last will is determined to be your final dispositive statement and which confirms the appointment of the person or institution you have named to administer your estate. The term "probate" is also used in the lar…
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A deceased witness is not generally detrimental to a will. The will has to be witness, and that will be recorded at the time of the witnessing. There is no need for the witness to be alive when the maker of the will dies.
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The oldest / most capable of the 4 most likely unless there is a power of attorney. For purposes of inheritance, they are all equal.
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Two of my sister's are the Personal Representative to nine children's estate. Can they sell my parents that I am now living in?
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