0
How can you avoid probate when you voluntarily foreclose on the home of your deceased mother who did leave a will?
Wiki User
∙ 13y ago
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.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
Who becomes executive of son estate when mother is deceased?
Whomever applies for and is granted the Letters of Authority by the probate court.
Can one see deceased mothers will before probate?
If your mother allows you to see it. If not, then you will have to wait until it goes to court.
If a property is owned by the daughter and the deceased mother is that considered the deceased estate?
The rights in the real property are a part of the estate. If the property was owned with rights of survivorship, the daughter may claim title without going through probate. Consult an attorney who does probate work in your jurisdiciton.
If your deceased mother left a revocable trust but owns a car could it end up in probate?
Perhaps, it depends upon the terms of an existing Will and the exemption status as designated under the state's probate laws.
If your mom had a will and her boyfriend of 20 years will not give us a copy of the will how do you go about getting a copy?
If your mother is deceased and the will has been probated, go to the probate court where it was admitted to probate and ask for a copy. You will have to pay a fee, but you will get a copy. If your mother is deceased and the will has not been admitted to probate, you generally go to the probate court and file a lawsuit against the boyfriend claiming that there is a will and that the boyfriend is suppressing it. If you prove these facts, the court will order him to turn it over to the court for further proceedings. Check the laws of your state and talk to a lawyer.
Can your brother who has power of attorney for your deceased mother transfer the deed to her house into his name so that it will not have to go to probate?
The POA becomes invalid when a person dies.
Can Mother-in-laws collect insurance proceeds before children?
insurance proceeds are distributed to named beneficiaries In addition an insurance policy of a deceased that does not have a named beneficiary will be included in the probate procedure and the state's probate law of succession will apply.
Is it illegal for one member of family to withhold insurance policy details of deceased mother from siblings?
The information should be available to all family members who are the beneficiaries of the policy or are affected by the probate of the deceased person's estate. If the person withholding the information is the Executor of the estate, that person does not have the right to withhold this knowledge from the beneficiaries of the policy. Notify the probate court of this,
How do you sell your deceased mother's car when you have power of attorney?
A power of attorney expires upon the death of the principal. You cannot use it to sell your mother' car because it is void. You should contact your local DMV to determine what is required in your state to sell a motor vehicle belonging to a deceased parent. Most probate courts have an expedited process when there is a small amount in assets such as a car. Inquire at the DMV and at your local probate court.
How can you get a copy of your mother's last Will when trusts kept information out of probate court and her attorney accountant and your brother refuse to discuss this issue with you?
If probate did not apply that indicates the person is deceased. The interested party would not be able to file a request with the probate court to obtain a copy of the will, therefore, the only recourse is to file a suit against the deceased's personal representative and legal counsel. Be advised, it is unlikely that such a suit would be successful if the parties involved followed the prescribed legal procedures according to the laws of the state in which the deceased resided.
Are you responsible to pay for your deceased mother's medical bills in South Carolina?
In most cases the debts of the deceased are the responsibility of the estate. Anyone that was also a co-signer of the medical agreements might also be responsible. Consult a probate attorney in your jurisdiction for help.
Can adult son sell vechicle of deceased mother before any probate proceedings?
If there is going to be a probate because there is other property, the son won't have the authority to sell the car. That should be left up to the executor or the administrator of the estate. Generally there are state legal provisions that permit the sale of the automobile in estates too small for a full probate procedure.
