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Yes you must probate and become the administrator over the estates and items he possesed. You will need to contact a lawyer that deals with these situations to help the process.

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16y ago

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When somebody dies do they still file income tax?

My father recently died and I am having problems with getting the okay from my brothers to hire a probate attorney. They want to take care of everything. Has anybody ever done probate without an attorney? Do you have any advice?


In Florida your father passed away and in the will everything goes to your mother does she need to go to probate or does she just assume all assets without going to probate?

If the estate includes any assets that are in your father's name alone then his estate will need to be probated. If that is the case, you and your mother should arrange a consultation with an attorney who specializes in probate who can review the situation and explain your options.


Your father in law stated in his will that if he died everything would go to his wife if they died together everything would go to his three daughters she died after him would this go to probate?

Yes, every will must go through probate regardless of what it says. That ensures all of the legal requirements are met and taxes paid.


My father died 11 years ago and my step mother never put his estate into probate. what can I do now. ?

This is illegal. Contact an attorney. A will must go through probate or the estate itself must go through probate, but even if she legally inherited everything, there must be a probate process to hand over all legal title to her.


My father in law passed away leaving a piece of land to my husband and sister in law. He did have a will stating that everything is to be split between the two. We would like to buy her 1/2 of the land but don't really know where to begin. It is paid f?

If probate is in process, offer to pay her for her half of the land in lieu of money from the estate. If probate is done, then contact her and offer her money for her half of the land. Or contact the probate court and inform them that you want the land sold and arrange to buy it at auction.


Do you need to probate your father's estate if he created a living trust before he died?

You need to probate your father's estate if he owned any property at death that was not transferred to his trust. You should have a copy of the trust. If you're not sure you should consult with an attorney who specializes in probate law.


Your father died without a will and your uncle his brother has power of attorney are you entitled to everything he owns?

A power of attorney is extinguished by the death of the principal. In the absence of a will, estates pass according to the laws of intestacy in your jurisdiction. Your father's estate must be probated in order for the title to the real estate to pass to you legally. Title to real estate can only pass to the heirs through probate court. You should seek the services of an attorney who specializes in probate and commence a probate proceeding to be appointed the Administrator of your father's estate. You can check the laws of intestacy for your state at the link below.


Can you insist on a copy of fathers last will and testament?

If your father is living , no. If your father has died and you know someone has the Will you can insist it be filed with the probate court. Once it has been filed for probate you can visit the court and obtain a copy.


Your father left a will but it has gone to probate why?

A will must "go to probate" in order to be declared legal and enforceable. Going to probate means having the will proved as a valid last will and testament according to the applicable state laws.


How do you file for estate administrator for your father who died without a will?

The best thing is to consult a probate attorney in your jurisdiction. Depending on the laws, there may not be a requirement to probate.


What if your grandfather leaves instructions in his will that a house is to be left to your father then you- and your father sells the house?

Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.


MY FATHER DIED 2001 AND LEFT ME AND MY SISTER HIS ESTATE WHICH WAS ONLY HIS HOUSE MY SISTER DIES LEAVING NO WILL SHE HAS 1 SON WHO DOES THE HOUSE BELONG TO?

You will need to contact an attorney in your area who specialised in probate law. They will be able to assist you in determining who the property belongs to.