Yes. It all depends on the circumstances.
If the suit was filed by the decedent's estate any award will be paid to the estate and will pass to the beneficiaries under the will or according to the state laws of intestacy.If the suit was filed by the decedent's estate any award will be paid to the estate and will pass to the beneficiaries under the will or according to the state laws of intestacy.If the suit was filed by the decedent's estate any award will be paid to the estate and will pass to the beneficiaries under the will or according to the state laws of intestacy.If the suit was filed by the decedent's estate any award will be paid to the estate and will pass to the beneficiaries under the will or according to the state laws of intestacy.
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If money goes to the estate that means the right to receive the money belonged to the decedent. Examples would include such sums as a debt owed to the decedent, insurance money where no beneficiary was named and the decedent owned the policy, refunds from paid in advance medical insurance, or an award from a court case that was settled in favor of the decedent.
Only a live person can award a POA. The courts cannot. Unless an Executor has already been named they might be able to give you the title of the estate's "personal representative" but the two of you cannot be in conflict and the Executor will dispose of the deceased's estate in accordance with the will and/or the court's order. Check with your local Probate Court.
Each state has its own laws regarding this issue. Generally, a child can be disinherited by will but some states require the child to be specifically mentioned in the will or the court will assume the child was forgotten and award a share of the estate. You should consult an attorney in your area who can review the will and determine what your options are, if any.
Assets that are not specifically devised, a devise that fails for some reason and assets that come into the estate after the death of the testator, such as an award in a lawsuit, make up the residuary estate. For example, if the testator simply left all her estate to be equally shared by her three children, they will share the entire residuary estate. She could also leave her real estate to one daughter and direct that all the rest of her estate be shared by her other two daughters. In that case, the real estate is not part of the residuary.
how long avandia probate takes and when the person involve gets the award leter
how long avandia probate takes and when the person involve gets the award leter
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First let's clear up the basics. The court appoints the Administrator and the court generally favors the surviving spouse. The Administrator will settle the estate under the supervision of the court and according to the state probate code. The answer depends on how the law suit is filed. It can be filed by the surviving spouse as an individual or by the Administrator of the estate. If filed by the estate, the Administrator will represent the estate in the court action. Any award will be paid to the estate and will be distributed as intestate property according to the intestacy laws in your state. You can check your state at the related question link provided below. You should consult with an attorney who can review this situation and explain your rights and your options.
Generally, their award will become part of their estate.
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