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Can someone with mental health issues contest executors decisions of probate?
Wiki User
∙ 13y ago
That depends on the nature of the mental health issues. The person must have legal capacity. More specifically, at the moment when they sign it they must be mentally capable of understanding what they are doing and the consequences of that action. They must file the objection or complaint in writing with the court. The court may dispose of the matter quickly or inquire further into the capacity of the complainant. Some people with a mental illness may be considered to have legal capacity and it may be up to the court to make a determination. If there is a question the court may want to contact the person's doctor.
Wiki User
∙ 13y ago
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What if your father name is not on your birth records but you won his small estate in probate court but his sister-in-law contest it?
AnswerIf you "won" his small estate in probate court then that court rendered a decision and it's too late for someone to contest it. Also, in the US, a sister-in-law is not an heir-at-law. You need to provide more explicit details.
Do we have to go to probate court if a will is uncontested?
The executor of the estate submits the will to probate court if it is necessary to do so. It is only necessary when there is a large estate, many heirs, outstanding debts, or a possibility if someone is going to contest the will. In a case where the will isn't going to be contested a lot of time and money can be saved by doing a "short probate" if available or not choosing to submit the will to probate court at all. You will still need to go to probate court. The process is faster though and you will be put on the uncontested docket.
In intestate cases probate proceedings begin when someone file a petition for?
The probate of an intestate estate is commenced when someone files a Petition for Administration.
What happens if both executors refuse the appointments in a will?
The court will appoint someone. It is often an attorney or a bank.
When a person dies is their estate automatically placed in probate?
It does not happen automatically. Someone has to file for the probate to be opened.
Does every estate have the need for a probate lawyer?
Not necessarily. Whether or not an estate needs a probate lawyer depends on various factors such as the size of the estate, the complexity of the assets, and the presence of a will. In some cases, a probate lawyer is necessary to navigate the legal process, while in others, the estate can be settled without legal assistance.
Can executors be changed on a will after the testator has died?
The will cannot be changed. However, the court can appoint someone else as executor.
Who is responsible for a will if executors have died?
The court will appoint someone as executor. They often use a bank or attorney to handle the matters.
If one of the executors of the will dies before the person who made the will and he is also a beneficiary does his share go to his wife?
It depends on how the will was written. There may be a survivorship clause. This would indicate that someone had to survive the deceased by a certain number of days in order to inherit. It was intended to avoid having estate monies going through probate twice in one years.
How do you go about stopping a family member removing items from an estate who won't listen to the executors?
First, the executor must be appointed by the court in order to have any legal authority over the estate. They should submit a petition for probate and appointment as soon as possible. Once appointed the executor can call the police if someone is stealing property from the estate.
How long after death can you protest will?
Generally, you have a specific period of time to contest a will once it has been filed for probate. The time period varies in different jurisdictions. When you receive a notice that the will has been filed in probate court and someone has petitioned to be appointed the executor the notice should tell you the date by which you must file your objection. You must make certain to follow the rules or you will lose your chance to object. If you have any questions about filing the objection you can inquire at the probate court on the notice.
Your divorced father just died leaving five daughters. Who is considered the next of kin and has legal responsibility the oldest or all of us?
Your father may have executed a Will. If so, the Will should be submitted to probate for appointment of an executor. If there was no Will then someone must petition the probate court to be appointed the administrator of the estate. That person, once appointed, will have the legal authority to make decisions and settle the estate. An administration must be opened if your father owned any property at death. Until someone is appointed by the court to handle the estate the children are all next of kin and should share in the decisions.
