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Once a will has been filed for probate it becomes a public record. If the will was filed for probate you can visit the probate court, request the file and read the will. If the will was not probated then you have no right to read it and will need to ask someone in possession of the will for permission.
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∙ 13y ago
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Does the executor have the right to a key to the temporarily occupied home of decedent?
Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.
What overrides a will?
I assume this question refers to transferring a decedent's property to someone other than the person named in the will. Remember that a will transfers property owned by the decedent alone. Essentially, the only thing that "overrides" the will is jointly owned property and even that does not always do it. If a will gives all of a decent's property to say 2 children, but the decedent's money was in a joint bank account with only 1 of the children, then the money in that account belongs to the joint owner. There are exceptions though. If that money is needed to pay the decedent's debts, then it can be recovered by the estate in an amount equal to the unpaid debt. Another exception is if it can be proved that all the money in the account belonged to the decedent and that the account was set up as a joint account solely for purposes of having the joint owner take care of paying the decedent's bills and if the decedent did not intend for the joint owner to get that money alone, then the account is a "convenience account" and may be recovered by the estate. So in those 2 instances a joint bank account will not override the will.
How can you get a copy of a decedent's will?
You can obtain a copy of any will from the court where the estate was probated.
If a will was written prior to marriage what rights does a surviving spouse have?
In most US states, a surviving spouse can elect against the decedent spouse's will, meaning that the suriving spouse has the right to receive a specified portion of the decedent spouse's estate. That portion may depend on how long they've been married and whether the decedent spouse has any children, inter alia.
How do you know if the will went to probate?
If a will has been probated the name of the decedent will appear in the probate index. You can check the index at the probate court of jurisdiction. If there is a file under the name of the decedent you can request it, review the will and review any other filings in the case.
Is a house and truck part of an estate?
If owned by the decedent, yes. Any property owned by the decedent at the time of death is part of their estate.If owned by the decedent, yes. Any property owned by the decedent at the time of death is part of their estate.If owned by the decedent, yes. Any property owned by the decedent at the time of death is part of their estate.If owned by the decedent, yes. Any property owned by the decedent at the time of death is part of their estate.
Trust deed leaves property to 4 adult children and Both parents have now passed away What if one of the four die Where does their share go?
If the deed is silent, the decedent's share passes to the decedent's estate (to the decedent's heirs, if no Will, or beneficiaries, if there is a Will). If the deed is silent, the decedent's share passes to the decedent's estate (to the decedent's heirs, if no Will, or beneficiaries, if there is a Will).
How do you find out if someone left you money?
You should receive a notice from the executor or the attorney who is handling the estate as long as your address is known. If you are speaking of a particular decedent, you can check the decedent's name in the local probate court records to see if an estate was filed. If there is an estate, you can visit the court and read the will.
How do you determine where the decedent's estate was probated?
A decedent's estate is probated in the county where she/he owned property. Check first at the county probate court where the decedent lived.
Are the contents of a house part of an estate when a person is deceased?
Generally yes. If the contents belonged to the decedent then they would be part of the estate. All the contents may not belong to the decedent if the property was rented to the decedent or rented by the decedent to someone else. If another person lived with the decedent some of the propery may belong to that companion.
Do heirs also inherit the decedent's debts?
No. The decedent's estate is responsible for the debts of the decedent. However, no distribution of assets can be made until the estate is probated and debts are paid.
What is considered part of an estate when someone dies?
Any property solely owned by the decedent at the time of their death.Any property solely owned by the decedent at the time of their death.Any property solely owned by the decedent at the time of their death.Any property solely owned by the decedent at the time of their death.
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 are the synonyms of the term 'decedent'?
Synonyms for the term decedent are body, stiff, cavader, remains and carcass. Other synonyms for the term decedent are mummy, carrion and corpse or a dead person.
In the event of a death is a vehicle owned by the decedent considered an asset of the estate?
If solely owned by the decedent, yes.
Are parents responsible for debts of a single adult child after death?
The decedent's estate is responsible for the debts of the decedent.
What kind of insurance policies are subject to executor's fees?
Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.
