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Can an heir who is not listed in the will receive any proceeds from the estate?
Wiki User
∙ 16y ago
If there is a valid Will and the person is not included then he or she is not considered an heir.
Although it is possible to legally challenge a Will, the process can be expensive and lengthy.
Wiki User
∙ 16y ago
Wiki User
∙ 8y agoYou need to check the laws in your particular jurisdiction since probate laws vary. In some a disinherited heir must be mentioned specifically in the Will as intentionally omitted or they can petition the court for an intestate share. In most jurisdictions a spouse and minor children cannot be disinherited.
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In Canada Does the heir automatically receive the proceeds of the estate?
yes
If you are listed as an heir to your uncle's estate in an unsigned Will can you still be an heir if there is no will and he has a daughter?
Very doubtful. The daughter is entitled to the estate if there is no will.
If a house is not paid off and is left to an heir what are their responsibilities?
The mortgage is a debt against the estate which must be satisfied before the heir receives anything. If there is enough cash in the estate, the mortgage can be paid off and the heir will get the house. If not, the house will need to be sold, and the proceeds used to pay off the mortgage. If there are not enough assets in the estate to pay off the mortgage, there won't be anything left for the heir. It is the responsibility of the executor of the estate to see to all these transactions and to deliver the proceeds--what's left after settling the debts--to the heir.
Can a heir be forced to sell his share of an estate?
They have a share of the estate. That is not necessarily a share in a specific item or property. The executor sells and the proceeds are distributed per the will. Until you receive the property, you have no control over what is done with it.
What does it mean to be the executor and a heir?
It means they are responsible to administer the estate. They will also receive some of the estate as an heir.
In Texas if you die and your heir named in your will is dead who will receive the proceeds?
Don't know for sure, but I'm guessing the great state of Texas.
How is a county administrator involved with the sale of an estate?
If the estate of a decedent needs probating and no one has come forward to administer the estate, then the county Public Administrator may petition to be appointed the administrator. They are required to perform their duties under the law as any administrator. They would need to petition the court for a license to sell the real estate. The proceeds would escheat to the state to be placed in a fund. If an heir ever comes forward and can prove their status as an heir they can make a claim for the net proceeds.
If an heir passes away before estate settlement what happens to the estate settlement?
If the heir died after the decedent, any property that was inherited by that heir would become part of that heir's estate. The heir's estate would also need to be probated.
Can an heir to the estate receive money from that estate after the house has been sold. Everyone that suppose have received their portion of the estate has. When can the heirs receive their money?
When the executor is satisfied that all the debts have been resolved. They will provide a final accounting to the court and distribute the remainder.
Who is heir to estate?
An heir to an estate is usually the spouse, children, or next of kin. The heir may also be named in a will. If their is none of these options, then the estate will go to the state.
What is a kings heir?
An heir is the person entitled, by reason of relationship, to receive an intestate (without a Will) person's estate after their death. It is also the term for a person who inherits under a Will (weather a relative or not).
Can an heir take out a loan against an estate in probate if the other heirs object?
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 interest bearing loans. The advances are also "non-recourse" meaning that if the heir does not inherit enough to pay off the advance, the heir has no legal responsibility to repay it.
