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Can you keep a probate estate open for a few years to take advantage of high CD rates?
Wiki User
∙ 10y ago
If it is to the benefit of the estate, yes. The executor has a responsibility to maximize the estate.
Wiki User
∙ 10y ago
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Can you probate a will 10 years old?
If it has just been found, yes. The deceased's estate has not been legally settled until it undergoes probate.
My father died 11 years ago and my step mother never put his estate into probate. what can I do now. ?
This is illegal. Contact an attorney. A will must go through probate or the estate itself must go through probate, but even if she legally inherited everything, there must be a probate process to hand over all legal title to her.
Who files estate if no will upon death?
A qualified person must petition the probate court to be appointed the Administrator of the estate. Generally, a qualified person must be over eighteen years of age and an "interest party" to the estate. You should seek the advice of an attorney who specializes in probate law who can review your situation and explain your costs and options.
When A person passes away leaves a lot of credit card debt has some property but small estate no probate court can family wait 2 years before transferring property and be clear of debt?
First of all, there should be an estate opened with the probate court. Otherwise the debt is going to hang around. The estate is supposed to settle debts before property can be distributed. Consult a probate attorney in your state for the details.
Does every estate have the need for a probate lawyer?
No not every estate needs one. If the size of the estate is very modest and no one will contest it because it it straightforward then the matter can be handled in probate court where the judge will finalize matter. However if the terms are extensive and can be challenged by someone then by all means get an attorney. He may save you years of legal nightmare.
How long will an estate remain in probate?
It varies from state to state. Most states have a minimum amount of time for an estate to remain open. This is to insure that all creditors have an opportunity to file claims against the estate. Usually the absolute minimum is 90 days. A year is certainly not unreasonable. There are some estates that have been open for decades! These are the exception and usually deal with millionaires and publishing rights. The probate process can take anywhere from three months to three years or more depending on the number and type of assets which need to be distributed in the probate estate. Additionally, liens and creditor claims against the estate can add weeks or months to the process. In many cases the probate of an estate can extend far beyond the generous time line for distribution laid out by the executor or probate attorney.
How many years could probate last in fl?
It could be many years depending on the complexity of the estate. That makes sure all of the legal requirements are met and taxes paid.
What happens if it has been 3 years and you haven't settled the estate because of home sells in Florida?
Consult the attorney that is handling your probate action for advice. You may have to come to some agreement to partititon the home from the remainder of estate in order to settle the estate.
If an estate has been in probate eleven years and is now being disbursed can a beneficiary collect interest?
Any interest that was earned from the estate over that time will be included in the payout. The trustees will have invested the money and the interest accumulated.
How long to get inheritancefrom a will?
It depends on a number of factors, but could be anywhere from days to years. It will depend on factors like what the law of probate is in your area, and how the estate is administered by the executor.
How long to settle uncontested estate probate?
About 4 to 6 months if there are no problems with creditors and there are more assets then liabilities.
Can the probate of a will be stalled beyond one year?
The settling of an estate can take a lot of time. There are some estates, for very rich people, that are still open 100 years later.
