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When a wife dies in OR does Probate need to happen if the house is in a Living Trust and all other assets are either co owned or in the will with the surviving spouse named?
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Why did you get a notice of petition for probate of will?
If you received a notice of the petition for probate of a will then you are either a devisee under the will or an heir at law.
How do you get appointed executor?
either by the deceased in the will or by the probate judge
Who is responsible for credit card bills after someone dies?
When someone dies and leaves a debt for which there is no co-debtor, the decedent's assets may be used to pay the debts. In many states, a proceeding called a "probate" is the avenue whereby the assets of the decedent are collected and either liquidated to pay debts, or if the debts have been paid, distributed to heirs.
Who is responsible for a deceased mother's credit card debt which was in her name only?
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 of her estate, they will be required to give notice to creditors (including but not limited to the credit card company) in any probate proceeding they initiate. Determination of heirs, settlement of debts and distribution of property is what the probate process is all about.If she died without assets, then there is no repayment. The credit card company would have no recourse against her family.One exception to these principles could arise if she left a surviving spouse. In some states (particularly the "community property" states) a spouse may in some circumstances be liable for some or all of the debts of the deceased spouse. This is not automatic, however; the result will vary by state, by type of debt and by signature or consent of the surviving spouse.Another exception might arise if another person either (a) signed the original credit card application, (b) agreed to pay the debts of the decedent (either before or after her death), or (c) used the credit card fraudulently.
What happens if a person dies has no children and no will just four siblings who is left in charge of the estate?
Whomever is issued the letters of authority from the probate court. It could be either way.
Is a wife entitled to her husbands inheritance during marriage?
No. A spouse has no right to any interest in their husband's or wife's inheritance. In most States in the event of the death of either husband or wife their estate automatically passes to the surviving spouse. There are other states that allow other immediate family other than the surviving spouse to lay claim on assets if the deceased did not have a legal will. If the husband or wife has a legal will that designates the inheritance or other property or possessions to other family members/people, the surviving spouse may contest the will but that is usually not very successful in most cases. Regarding marital assets and divorce: most states consider an inheritance separate property and not part of the marital assets as long as the recipient keeps it separate.
Who pays the credit card debt when the account holder dies?
If the account holder was married and resided in a community property state, the surviving spouse might be responsible. Debts, including credit cards, mortgages, and taxes of a deceased person are handled by their estate, pursuant to state probate laws and federal tax code. The decedent's will (if any) is filed; if no will is found, then the state probate laws of "intestacy" apply. In either case, the court issues a document opening an estate and appointing an executor (or administrator). The executor is responsible for a complete inventory and evaluation of all assets, locating and identifying debts and claims, filing the decedent's and estate's tax returns, and proposes a dispensation of the assets. The court will rule on the dispensation and close the estate when it has a full accounting from the executor. All of the beneficiaries are entitled to a copy of the records and dispensation.
If your fiance died last month and his employer sent 4 weeks salary to his survivors to help with bills are you entitled to any of the money?
Unless you were in his legal will, you have no foot to stand on. All you can do is plead with his siblings to give you the money you need to pay the bills left over. If a bill/debt is totally in his name (and you are not attached in any way), do not pay it yourself. Allow the creditors to get the money themselves. No, and it could be that his siblings are not entitled to the money either. The money may very well have to be turned over to probate court to be included as assets of the deceased's estate. Any interested party can file a claim against the estate of a deceased person to recover money owed. The probate laws of the state in which the deceased resided determine which assets and property must be included in probate procedure and which ones are exempt. Likewise, probate laws regulate what debts are to be paid out of existing assets and the priority in which payments are made.
Do you have to go through probate if there is no will?
When a person dies without a will, their belongings are said to be intestate, and the case will be probated. If there is no money, property, or jewelry that the person wants to leave to someone, it is best to settle in probate for any possessions.
In the state of Missouri do all heirs of an estate need to be notified when a will is entered into probate?
All of the heirs must be informed and either sign off on the petition to enter into probate or they filer must show they have served legal notice of the probate process.
Is a deceased father's ownership rights of a vehicle distributed through probate to his heirs?
The ownership of any vehicle is determined by the titling of said vehicle. If a married couple resided in a community property state and the vehicle was titled in one or both names at the time of the spouse's death, the vehicle belongs to the surviving spouse. In non CP states the probate laws apply, although it is a general rule that at least one vehicle is the property of the surviving spouse. Both situations are based upon the vehicle not having a lien, either for the original loan or other matters. If a vehicle is not owned freely and clearly at the time of the owner's death, the lending contract must be reaffirmed or the vehicle becomes a part of the probate procedure and succession laws apply.
Do joint tenancy properties have to go through probate?
No. Not if properly created for your jurisdiction.No. Not if properly created for your jurisdiction.No. Not if properly created for your jurisdiction.No. Not if properly created for your jurisdiction.
