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Perhaps, it depends upon the terms of an existing Will and the exemption status as designated under the state's probate laws.

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18y ago

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Who would have a copy of your deceased mother's will?

You must check the records of the probate court in the jurisdiction where your mother resided to see if the will was filed for probate. If it was filed it's a public record and you can request a copy. If there was no will filed then you must ask family members whether your mother had a will and who has possession of it.If your mother had an attorney she used for any legal services you could try calling to see if they have any copy of a will in their records.You must check the records of the probate court in the jurisdiction where your mother resided to see if the will was filed for probate. If it was filed it's a public record and you can request a copy. If there was no will filed then you must ask family members whether your mother had a will and who has possession of it.If your mother had an attorney she used for any legal services you could try calling to see if they have any copy of a will in their records.You must check the records of the probate court in the jurisdiction where your mother resided to see if the will was filed for probate. If it was filed it's a public record and you can request a copy. If there was no will filed then you must ask family members whether your mother had a will and who has possession of it.If your mother had an attorney she used for any legal services you could try calling to see if they have any copy of a will in their records.You must check the records of the probate court in the jurisdiction where your mother resided to see if the will was filed for probate. If it was filed it's a public record and you can request a copy. If there was no will filed then you must ask family members whether your mother had a will and who has possession of it.If your mother had an attorney she used for any legal services you could try calling to see if they have any copy of a will in their records.


Can the conservator be the executor if executoe is deceased?

That will depend on the probate court. The individual could be appointed as the new executor. Or the court could appoint another neutral party.


Can executors use the money from the deceased bank account for personal use after probate?

They certainly may not do so. It is a breach of their duty and could be criminal.


What is a deceased beneficiary?

A 'deceased beneficiary' is the beneficiary of a life insurance policy or a 'payable on death' bank account who predeceased the insured or the account owner. A 'deceased beneficiary' could also be a beneficiary named in a will who predeceased the testator or who died during the probate of the estate.


If mother refuses to do paternity test can anything be done to have her do it when the father is deceased?

If the mother refuses to take a paternity test after the father's death, legal options may be limited. The deceased father's estate or interested parties could file a petition in probate court, seeking to establish paternity, which may compel the mother to comply. However, the success of such actions can vary based on jurisdiction and the specific circumstances of the case. Consulting a family law attorney would provide guidance tailored to the situation.


What happens if a ''supposed'' son of the deceased comes forward 8 years after probate has wound up. He has no specific proof of being a son. Can probate be re-opened?

He is out of luck. The probate would have been published eight years ago with a specific period in which interested parties could come forward to make a claim.


What is a decease?

A 'deceased beneficiary' is the beneficiary of a life insurance policy or a 'payable on death' bank account who predeceased the insured or the account owner. A 'deceased beneficiary' could also be a beneficiary named in a will who predeceased the testator or who died during the probate of the estate.


Who is responsible for paying your deceased mother bills in Alabama?

Your mother's estate is responsible. If you signed the paperwork on some items, you could be held responsible.


How do you transfer the title of your deceased husbands vehicle to your name without probate when it is a lien title?

In Ohio (I'm not sure about other jurisdictions), you can transfer the title of 2 vehicles with just an affidavit & the title; you don't have to open and estate with the probate court (that's if the death was AFTER 1996. Prior to 1996, you could only transfer 1 vehicle with no probate).


How to remember a Deceased parent in the wedding?

You can remember a deceased parent in the wedding by putting their name in the program. You could also remember the parent when doing the father/daughter or son/mother dance.


What happens to a joint bank account when the the primary is the now deceased mother and the joint account holder is a daughter and there is a will. In this case there is no will can they do anything?

Joint accounts generally include the rights to survivorship. This means the funds in the account that belonged to the deceased automatically pass to the other account holder(s). The funds are not subject to probate procedure, nor are they subject to any terms stated in a will. It is possible that an estate tax could be levied on the portion of the account belonging to the deceased, but in most cases the amount would need to be substantial for that to occur.


Can you cash any check of a deceased person into your spouses bank?

Generally, you cannot cash a check made out to a deceased person, even if you are their spouse. The funds belong to the deceased's estate, and cashing the check could be considered fraudulent. Typically, the estate must go through probate, and any checks owed to the deceased should be deposited into the estate account. It's best to consult with an attorney or the bank for specific guidance.