0
If your late mother has left a will do you need probate to sell her property?
Wiki User
∙ 11y ago
Yes, your mother's will must go through probate. That makes sure all of the legal requirements are met and taxes paid.
Wiki User
∙ 11y ago
Add your answer:
Earn +20 pts
Sample of a letter of administration for probate?
Letters of administration of probate are issued by the court. If a will is left by the deceased, the property is distributed according to the will. If there is no will, the property goes into probate and the courts decide.
When my mother died she had a equity loan on her house if you make the payments can the bank take the house?
No. As long as the payments are sent on time the bank can't take the property. You should consult with an attorney who specializes in probate. If your mother was the sole owner of the property then her estate must be probated in order for title to pass to her heirs legally. If she left a will you should take it with you when you see the attorney.No. As long as the payments are sent on time the bank can't take the property. You should consult with an attorney who specializes in probate. If your mother was the sole owner of the property then her estate must be probated in order for title to pass to her heirs legally. If she left a will you should take it with you when you see the attorney.No. As long as the payments are sent on time the bank can't take the property. You should consult with an attorney who specializes in probate. If your mother was the sole owner of the property then her estate must be probated in order for title to pass to her heirs legally. If she left a will you should take it with you when you see the attorney.No. As long as the payments are sent on time the bank can't take the property. You should consult with an attorney who specializes in probate. If your mother was the sole owner of the property then her estate must be probated in order for title to pass to her heirs legally. If she left a will you should take it with you when you see the attorney.
Your mother died in Texas. Are you responsible for her credit card debt?
Your mother's estate is responsible for her debts. Her debts must be paid before any property can be distributed to her heirs. If she left property you should contact an attorney who specializes in probate to discuss your rights and obligations.
What can you do with the contents of a house that was left to us in a will but is still under probate?
Don't do anything. The property left to you does not legally become yours until such time as the deceased's will has completed the probate process.
Can adult son sell vechicle of deceased mother before any probate proceedings?
If there is going to be a probate because there is other property, the son won't have the authority to sell the car. That should be left up to the executor or the administrator of the estate. Generally there are state legal provisions that permit the sale of the automobile in estates too small for a full probate procedure.
What do you do if your deceased mother had a lien on some Texas property and it was sold without your signatures and you did not receive any of your mother's money?
If the lien was against property owned by the mother it had to be paid in full, perhaps there was no money left after that was done. In regards to the "signing" issue, if the persons were not listed on the property title then there was no need for their signature(s). If the deceased held a lien against someone else's property that issue would have to be decided through probate. The best option would be to consult an attorney who is versant in probate/estate law. Most attorney's offer free or minimal fee consultation to explain legal options.
Who is responsible for paying any bills of your deceased mother?
Hopefully she has left a Will. If she owns a house or property this is called an Estate and this also includes contents of where she lived. Here are two scenerios: If your father predeceased your mother and she is left with a house and the property it is on, plus a vehicle, and she has left a Will, then there would be an Executor/Executrix (male/female) named in the Will. If there isn't then it will be put in a Trustee's hands for Probate. Probate is to make sure all taxes are paid on that property and all creditors are paid and this also includes personal income tax. Once that is done (takes about a year) then the Executor/Executrix or Trustee will inform the heirs of the Will and all monies or property will be divided as ordered in the said Will. If your mother was living on a fixed income and she was renting and had no property and few contents such as furnishings, etc., and no Will, then the Credit Card company is out of luck and will have to take their loses. You are not responsible for the Credit Card companie's loss. I am so sorry for your loss. Marcy
You are the named executor of your mother's will and she left land but no cash who is responsible for the cost of probate?
Your mother' estate must be probated. You are not the executor until the will has been reviewed and allowed by the probate court and you have been appointed by the court. Title to the real property cannot pass to her heirs until the estate is probated. Your mother's debts must be paid before any property can be distributed to the heirs. If there are debts and no cash to pay them then the executor must sell the real estate to pay those debts. If the heirs want to keep the real estate then they will need to share the cost of probate . . . it benefits them. You need to consult with an attorney who specializes in probate law who can review your situation and explain to you and the other heirs what your options are under the law in your jurisdiction.
My mother refuses to give me the life estate property left to us by my grandparents can she do this?
If the property was left to both you and your mother, she cannot unilaterally refuse to give you your share. You may need to seek legal advice to enforce your rights to the property as per the terms of the will or trust that left it to you both.
Mother died in California without a will. She left property and life insurance with no named beneficiary. Is probate required?
Yes. Any time a person dies owning property in the US their estate must be probated. Title to real property does not vest in the heirs until the estate has been probated. Until then the real property remains in the estate and has no legal owner. It cannot be sold or mortgaged or insured. You must consult with an attorney who specializes in probate law who can review your situation and explain your options. If your mother died intestate (without a will) her property will pass to her heirs-at-law under the state laws of intestacy. You can check the laws of California at the related question link provided below.
If your deceased mother left a revocable trust but owns a car could it end up in probate?
Perhaps, it depends upon the terms of an existing Will and the exemption status as designated under the state's probate laws.
Mother left residence to children with no deed change who owns it?
Legally, the mother still owns the residence unless she has formally transferred ownership to the children through a deed or will. The children may have possession, but ownership remains with the mother until a legal transfer occurs. It is advisable to consult a lawyer to clarify ownership rights and potential transfer processes.
