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Under the intestacy rules,you will have to provide evidence of all the deceased's debts and if you are challenging a creditor-then you will have to prove otherwise-as to why they should not be paid,i.e.. a flaw in the loan agreement-if the main asset happens to be the main matrimonial home-and this is on joint names-then the spouse can contest the matter on the grounds of "not being aware" of any debts incured by the deceased...however...DON'T BUILD YOUR HOPES UP TOO HIGH-SINCE MOST COURTS ALWAYS RULE IN FAVOUR OF CREDITORS.[Joint and severe liability]
You may find that you end up paying more in costly legal fees,then the actual amount demanded by creditors.[Syed Amir]
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∙ 13y ago
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If the mortgage on a house is paid do you still have to take it through probate?
That depends on several factors, the main one being the state probate laws, if there was a valid will, how the property is titled, and if the deceased had any outstanding debts.
What does a probate lawyer do first when handling an estate?
A probate lawyer typically starts by reviewing the deceased person's will, if there is one, to determine who the beneficiaries are and what assets are involved. They also identify and notify potential heirs, gather documentation of the deceased person's assets and debts, and submit the will for probate if necessary.
Do you need alawyer to file probate of a deceased person in Iowa?
If there are any assets or debts, probate is the thing to do.
Does the surviving spouse have to pay husbands bill no will?
In most cases the debts of the deceased, including hospital bills, are the responsibility of the estate. Clearing the debts is one of the reasons to establish and estate, even without a will. Consult a probate attorney in your jurisdiction for help.
If a homeowner dies and leaves no will and only one of the four children maintain the mortgage and the maintenance how does that person take ownership or is it up to a judge or probate court?
When a person dies intestate the distribution of assets and the payment of debts come under the jurisdiction of the state probate court. Probate laws differ in what property of the estate is exempt from seizure to pay debts. The best option would be for the involved parties to consult an attorney who is knowledgeable in the probate laws of the state where the deceased resided.
Father is deceased mother is beneficiary of estate how do you change title to her name?
That is one of the purposes of the probate process. The debts are taken care of first of all. Then the executor will have the ability to have a new will drawn up and the estate distributed.
How can one obtain a copy of a will from a person deceased in Pike Co AR in 1999?
You should contact the Pike County Probate Court to see if a probate was filed for the deceased. If a probate was filed then you can obtain a copy of the will. The contact information is at the link provided below.
Are bank debts written off after death?
In most cases the debts of the deceased are the responsibility of the estate. They have to be paid off before any one else gets money. Anyone that was also a co-signer on any of the agreements might also be responsible. Consult a probate attorney in your jurisdiction for help.
Should a deceased belongings be distributed before going through probate?
No. No one has the right to distribute a decedent's property until they have been appointed by a court. A person's debts must be paid before any property is distributed to the heirs.
Is a widow required to pay her dead husband's debt which he incurred before their marriage?
No, debts incurred before a marriage are considered to belong to only to the person who made them. In some community property states (California is one) creditors have been somewhat successful in collecting these type of debts from the surviving spouse. However, in the majority of cases, judgments that were awarded were later dismissed on appeal. The deceased's debts will become a part of probate procedure, probate laws will determine if they can be paid out of the estate.
If you claim insolvent on property of your deceased parents who is responsible for paying the lawyer the deceased parent had for their last will and testimont and probate?
Apparently your parents had a will. They wanted a particular lawyer to probate the will. When they died, they had nothing. In that case, there is no point in probating the will and no one needs to pay to probate the will. If there was property, then the property can be sold. The estate pays the lawyer.
Can a property under probate be let?
Yes, property under probate can be rented or leased. The executor has the power to preserve the estate and this is one way of obtaining money to pay debts.
