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This will vary from state to state depending on its laws on undue influence. Undue influence is not something that is done openly; therefore, many, if not all, states permit it to be proved circumstantially. As an example, in New Jersey, we try to raise a presumption of undue influence. If the facts show that a will benefitted someone who was in a confidential relationship with the decedent and if there are suspicious circumstances surrounding the execution of the will, a court may find that there was undue influence without direct proof of it. The person defending the claim then must present evidence to explain that nothing was done wrong.
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∙ 15y ago
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How do you prove executor of estate after death with no will?
There is no executor if there is no will. An executor is appointed by the court to carry out the provisions in a will once the will has been approved by the court. When there is no will an Administrator must be appointed. A qualified family member must petition the probate court to be appointed the Administrator of the estate. You should consult with an attorney who specializes in probate law or inquire directly at the probate court.
What are you entitled to without a will. My dad passed away last year and he was on support from government. My mom and he was separated and not divorced 35 years. Do we need to prove this and how?
YES! You must PROBATE the estate. ( prove) Go to county court house and tell them you want the probate dept and go in and ask them how to do it.
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.
What is a probate certificate?
A probate certificate most likely refers to the documents that a probate court issues to the executor that certifies that the will has been probated and that the particular person is the executor. The purpose of the certificate is to prove to financial institutions that the will has been probated and that the person named executor in the will is the actual executor and has the right to handle the estate. These documents are referred to as Letters Testamentary and usually the court will issue as many copies as the executor needs to handle the estate.
What does it mean to probate a will?
Probating a will means that the will must be presented to the probate court for allowance. The court will examine the will to determine its validity under state laws. When the will is allowed the court will appoint the named executor who is usually the person who submitted the will for probate. If no executor was named in a will the court will appoint the person who requested the appointment as long as there no are objections. An executor named in a will has no power or authority until they have been appointed by the court.The court will issue Letters Testamentary to the executor and the letters provide the authority to settle the estate. The executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. The debts of the decedent must be paid before any property can be distributed to the heirs.
Will probate court determine if the deceased was legally divorced?
That would certainly be important to the process. The executor may have to obtain the divorce decree to prove the divorce exists. If there is a decree, it will be presumed to be valid.
Where can a person go to get information on probate law?
Every court has its own forms. You can obtain copies by visiting the court or by visiting the court's official website if there is one. Some court websites have downloadable forms. You can find the court's website by performing a search using the county, state + probate court.Every court has its own forms. You can obtain copies by visiting the court or by visiting the court's official website if there is one. Some court websites have downloadable forms. You can find the court's website by performing a search using the county, state + probate court.Every court has its own forms. You can obtain copies by visiting the court or by visiting the court's official website if there is one. Some court websites have downloadable forms. You can find the court's website by performing a search using the county, state + probate court.Every court has its own forms. You can obtain copies by visiting the court or by visiting the court's official website if there is one. Some court websites have downloadable forms. You can find the court's website by performing a search using the county, state + probate court.
How can a person prove they are the heir of some property?
To prove that they are the heir of a property, a person typically needs to provide a valid will or documentation showing their relationship to the deceased, such as a birth certificate or marriage certificate. They may also need to go through a legal process called probate to have their claim to the property officially recognized by the court. It is recommended to seek legal advice or assistance to navigate the complexities of proving heirship to a property.
Can you do the probate on your father's will?
# If no executor was named in the will, then a person may petition the court to be appointed as such. Contact the clerk of the probate court in the city or county where the deceased lived and/or owned property. Answer 2: If no executor was named in the will, then the will is technically not a will. If the executor pre-deceased the testator then the main beneficiary of the will can prove the will. And yes this could be a son or any relative of the deceased.
If you signed a blank sheet of paper then someone added words that you owe thm later do you legally owe them?
yes, you are legally bound to pay the latter unless you prove yourself that it was done under threat or coercion or unintentionally or unwillingly or etc., in the court of law.
How do you find out who was the executor of a deceased person's estate?
There are several local services that you can find at this list of Probate Registries: http://www.hmcourts-service.gov.uk/HMCSCourtFinder/CourtFinder.do?court_work_type_desc=probate or you could try searching the National Will Database: http://www.tnwdb.com but I think that's a commercial venture.
What can one do when property left to them in a will has disappeared once the executrix became involved?
File a lawsuit against the executrix for mishandling their fiduciary duties. However, you will have to prove you were the rightful beneficiary. First, however, get a copy of the will from your local Probate Court and be sure of its' provisions.
