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How do you apply for executor of an estate after last surviving parent passes away?
Wiki User
∙ 16y ago
You need to open an estate with the probate court. You can usually get a packet of the required forms at the courthouse. One of them will be a form asking to be appointed as the executor. The court will then accept the form and issue a Letter of Authorization which gives you the power to do the work necessary.
The executor of a will is the person responsible for making sure the wishes of the testator are carried out. They are responsible for paying off the debts and distributing the assets. They also have to pay taxes and file the appropriate reports with the probate court.
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∙ 16y ago
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Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of California?
In California, if someone dies without a will, their property will generally be distributed according to state intestacy laws. If the deceased had children but no spouse, the property would typically be divided equally among the children. However, the specific distribution rules can vary depending on the situation, so it's advisable to consult with a legal professional to understand the exact process.
If someone dies in Alabama without a will does everything go to the surviving spouse?
Section 43-8-41 ===Share of the spouse:=== The intestate share of the surviving spouse is as follows: (1) If there is no surviving issue (children) or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate; (3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate; (4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate; (5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter. Section 43-8-42 ===Share of heirs other than surviving spouse:=== The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue (children) of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (2) If there is no surviving issue, to his parent or parents equally; (3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation; (4) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.
If your sister was named as the executrix in your parent's will but she passes away before the estate is settled does her husband or heir become the executor?
The court will appoint a new executor. It is not a duty that is inherited. Her husband could certainly ask to be appointed and if the other beneficiaries are okay with that, the court would probably appoint him.
One owner of a joint checking account in Alabama died years ago and has adult children. The other owner just died and has a spouse. Who gets the account?
The funds would be split 50/50 between the estates/next of kin of the two deceased. If the owner that had only recently died had been on the ball, they could have declared the other owner deceased and had the funds all to themselvesAnswerThe surviving spouse will inherit the balance of the account and may be required to share it with other heirs at law of the decedent according to the statutory provisions reprinted below. When two people set up a joint checking account and one dies, the full ownership of that account passes automatically to the surviving joint owner with no need of probate. That's what joint accounts are all about. When that surviving joint owner dies, the account is included in her estate and will pass according to the provisions in her will or the state laws of intestacy if there is no will.In Alabama, intestate property passes to heirs-at-law as follows:Section 43-8-40Intestate estate generally.Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this chapter.Section 43-8-41Share of the spouse.The intestate share of the surviving spouse is as follows:(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;(2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate;(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate;(4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate;(5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.Section 43-8-42Share of heirs other than surviving spouse.The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows:(1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;(2) If there is no surviving issue, to his parent or parents equally;(3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation;(4) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.Section 43-8-44When estate passes to state.If there is no taker under the provisions of this article, the intestate estate passes to the state of Alabama.Section 43-8-45Division of estate where representation is involved.If representation is called for by this chapter, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one share and the share of each deceased person in the same degree being divided among the issue of such deceased heir in the same manner.Section 43-8-46Inheritance by relatives of half blood.Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
You are power of attorney for your mother you have to pay private pay for her if she passes before the money is spent who gets the money?
The money belongs to her estate. The executor of the estate will distribute it according to the will.
Can a executor live in home and not pay out value until thay want?
Generally no. Generally, ownership of real property passes to the heirs at the moment of death. Therefore the heirs own that real estate. However, the estate must be probated in order for title to pass legally. You should report the executor to the court asking that they be removed and a new executor appointed to settle the estate.
If spouse dies before surviving parent what rights do you have to inheritance?
In the absence of a will, the property passes according the rules of intestate succession in the state the spouse died in. As far as I know, every state gives the estate to the surviving spouse, or the spouse and children in some proportion. Any will executed before the marriage is null and void as of the date of marriage, though you should consult an estate attorney on that state.
Can you specify in a will that property held as joint tenant with right of survivorship is bequeathed to a beneficiary in Vermont?
The answer is no. Property owned with another person as joint tenants with the right of survivorship passes automatically to the co-owner when you die. You cannot bequeath your interest in that property in your will. It does not become part of your estate.
Is Joint Tenant the same as right of survivorship?
Yes, joint tenancy and right of survivorship are closely related concepts. Joint tenancy refers to multiple owners holding equal shares of a property with a right of survivorship, meaning that when one owner passes away, their share automatically transfers to the surviving owner(s).
What happens if the executor dies before the estate is distributed?
AnswerUsually the next of kin will be sought after by a company "In Trust". Children of the deceased will be sought out, or if there are no existing children it can go to a sister, brother, parent of the deceased.AnswerThe court will appoint a new executor. The residual amount then goes into the estate of the person who was to get the remainder and then their estate will distribute as appropriate.AnswerThe court will appoint a new executor. As to the residuary legatee, it depends on when they died. If they were deceased at the time of the death of the testator the gift will lapse unless there is language to the contrary in the Will. If the gift lapses and there is no successor residuary legatee, the residuary will be distributed according to the laws of intestacy as though there is no Will.
What happens to the car when someone passes away?
that depends on whether it is paid off or still has a loan/lean on it. if it is paid off, it must be willed to somebody, or it can be purchased from the estate. if it has a loan on it it can either be givin back to the lender, or the loan can be taken over by the executor of estate. if it is to be bought form the estate it must be sold by the executor of estate. if it is willed to a person and it is paid off you simply have to do the paperwork to make it legally yours. in any case, the best person to discuss this with is the executor of estate, or the deceased's lawyer. they can handle or guide you to your options. just an fyi, the executor is essentially somebody who has power of attorney. they are typically the widow, or somebody appointed in the will.
Can you inherit from a survivorship deed?
No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.
