yes
You have your will drafted by an attorney who is an expert in estate planning and probate law. It is worth having it done right.
all of them
You can't legally not pay the debtors if there are assets. It is one of the primary purposes of having probate, to clear up all debts. Only if the estate doesn't have the money to pay them can it be avoided.
Yes.Yes.Yes.Yes.
No. As in all states, life insurance proceeds avoid probate and flow directly to named beneficiaries.
If you have a lot of assets a trust may be a better choice. Dividing the assets after death will probably be easier, and you may be able to legally avoid some taxes. Basically with a trust you avoid the involvement of probate court. Even with a will, probate court is involved.
To avoid probate the property must either pass automatically to a joint owner upon death, or the owner must be a non-individual, such as a corporation, trust, family limited partnership, or the like.
A certificate of deposit is a type of savings certificate that entitles the owner to collect the balance including interest after its maturity date. A certificate of deposit in and of itself does not avoid probate. However, depending on how the certificate is titled, probate may be avoided by adding a beneficiary to the account. The owner of the certificate can name a "payable on death" beneficiary to the account at the time the certificate is issued.
When your mother died, the executor took her place. The executor may not act without approval of the probate court. Your forclosure action must be against your mother's estate, as she is deceased, there you must go to probate.
Probably. The existence of a valid will does not avoid the need for a probate proceeding. In fact, the will functions as instructions to the probate court as to (a) who will administer the estate (the executor or, in some states, personal representative), (b) who will receive property, and/or (c) who will have priority for appointment as guardian of the decedent's minor children (or, in some cases, adult incapacitated children or spouse).If the house in question was titled to the decedent alone at the time of death (that is, was not held in joint tenancy or by a trust or similar arrangement), then a probate proceeding will probably be required to determine the successor to the property. If the value of the property is not large, some states may permit a summary probate proceeding to convey title, but the proceeding is still a probate (albeit simpler).
Barbara R. Stock has written: 'Handbook on avoiding probate' -- subject(s): Forms, Living trusts, Popular works 'It's easy to avoid probate' -- subject(s): Estate planning, Forms, Living trusts, Probate law and practice
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