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Can you take a sibling to court over a deceased parents estate?
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∙ 10y ago
Yes, siblings can take each other to court over a deceased parent's estate if there are disputes or disagreements regarding the distribution of assets or inheritance outlined in the parent's will. Legal guidance and representation may be necessary to navigate the probate process or any disputes that arise.
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How do you sue the estate of a deceased person?
To sue the estate of a deceased person, you typically need to file a claim in probate court against the estate. The court will appoint an executor or administrator to handle the estate's affairs, including the lawsuit. Make sure to follow the legal procedures and deadlines set by the court.
Can four siblings over rule another with the sale of deceased parents house?
If all four siblings are listed as legal owners of the deceased parents' house, then decisions regarding its sale would typically require unanimous agreement. If one sibling is able to establish power of attorney or has been assigned as executor of the estate, they could potentially make decisions on behalf of the others, but this would depend on the specific legal arrangements in place.
How do you sue an estate of a deceased person with no will?
To sue the estate of a deceased person with no will, you would typically need to file a claim in the probate court where the person lived. The court will appoint an executor or administrator to handle the estate and the lawsuit. It's advisable to consult with a probate attorney to guide you through the process.
In North Carolina if there is no will can the brothers of the deceased override the children's claim to the estate if witnessess swear the deceased left his entire estate to his brothers?
In North Carolina, if there is no will, the deceased's estate would generally be distributed according to intestacy laws, prioritizing spouses and then children. If witnesses claim the deceased left the estate to his brothers, this may need to be proven in court, and the court would consider evidence and applicable laws to determine the rightful heirs. Ultimately, it would depend on the specific facts and circumstances of the case.
How can a cosigner sue estate of deceased borrower?
To sue the estate of a deceased borrower as a cosigner, you would need to file a claim in probate court against the estate. The court will then determine if the debt owed is legitimate and if the estate is liable to pay it off. It is advisable to consult with a probate attorney for guidance through this process.
How do you get a power of attorney for a deceased sibling?
A power of attorney represents a living person. After their death, you would apply to be executor of their estate with the probate court.
The Executor in a Will is deceased. Can a sibling of the deceased now be appointed?
The court will look at the Will to determine if an alternate executor is named. If not, then the state probably has a list of people, in order, who should be named as administrator of the estate. Relationship to the deceased executor is irrelevant.
What rights does a sibling have to go into their deceased parents home when one sibling lives there?
Yes unless there's a will or court order saying otherwise. The remaining family is usually the ones packing up the belongings.
Can a executor evict his sister from their late parents' home if it jeopardize the sale of the house and there is no will?
There is no executor if there is no Will. The estate must be probated and the court must appoint an estate representative. That representative will have the power to request a license to sell the property. The representative should ask the attorney who is handling the estate how to handle the sibling who made their home with the deceased parent. The sibling has property rights and rights as a tenant.
Can an 18 year old have custody of a minor in the state of Texas?
The court usually do not allow this unless it is a sibling and the parents are deceased or something.
How does a sibling of the deceased obtain power of attorney?
You cannot acquire a Power of Attorney for a person who has died. If there is property that must be transferred, and no will, you must petition the probate court to be appointed the Administrator of your deceased sibling's estate.
Who distributes estate of a deceased person?
The estate of a decedent is distributed by the court appointed fiduciary for the estate. If the decedent made a will the court will appoint an executor. If the decedent had no will the court will appoint an Administrator.
What happens when your parents are deceased and there is no money left in the estate to pay for medical bills?
If there is any other property such as real estate then it must be sold to pay the debts. If there are no assets the estate will be deemed insolvent by the court and the creditors are out of luck.
Can a sibling claim themselves as executor of your parents estate without your consent if there isn't a will?
They can't claim to be the executor, they have to be appointed by the court, otherwise they have no legal standing to do anything with the estate. And you have the right to object to their being appointed executor.
Will the probate court in IL give you access to your deceased parents financial info?
In the state of Illinois, if a person whose parents are deceased has been named executor of their estate, yes, all of their financial information will be given to the living executor upon request.
Is a child liable for a deceased parents unpaid taxes even if there was no will estate or trust.?
They are not personally responsible for the debt or taxes. The estate has to pay off these claims. If the estate cannot, they distribute as best they can. If the court approves the distribution, the debts are ended.
Can your sister the executrix sale your deceased dad's home without sibling signatures?
The siblings' signatures are not required. The executor acts on behalf the estate. They have the power to transfer title, though they may require court approval.
