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My mother's will states that property go to her siblings does it have to go to probate?
Asked in Estates
Do you need to do a Succession in two states if you have property in both states?
Can the next of kin do a quit claim to the property of the deceased?
No, nothing can be done with real or personal property of a deceased person(s) until the probate procedure has been completed. States establish probate laws, each state has different requirements for the procedure and stipulates different types and amounts of property that is exempt from probate action. Contact the executrix or executor of the deceased estate or the clerk of the probate court of jurisdiction for more specific information.
Asked in Debt Collection, Probate, Maryland
Is Maryland a probate procedure state?
Asked in Probate
If mom left house to granddaughter in will do you still have to go through probate?
Probably. The existence of a valid will does not avoid the need for a probate proceeding. In fact, the will functions as instructions to the probate court as to (a) who will administer the estate (the executor or, in some states, personal representative), (b) who will receive property, and/or (c) who will have priority for appointment as guardian of the decedent's minor children (or, in some cases, adult incapacitated children or spouse). If the house in question was titled to the decedent alone at the time of death (that is, was not held in joint tenancy or by a trust or similar arrangement), then a probate proceeding will probably be required to determine the successor to the property. If the value of the property is not large, some states may permit a summary probate proceeding to convey title, but the proceeding is still a probate (albeit simpler).
Asked in Law & Legal Issues, Probate
What do you do if there is no will or legal mandatory disposition of property?
The probate of my father's estate has been completed. The house is now owned by my three siblings and myself. Does the executor still have control over rental or sale of the house?
This would depend on whether the executor has left the property in your fathers name or if it has been transferred into your names. In the United States No. Generally, equitable title to real property passes automatically to the heirs. In most states, the estate must be probated in order to perfect legal title in the heirs. Since the debts of the decedent must be paid before any property has been distributed there is always the possibility the real estate must be sold to pay debts. An executor can sell real estate only if they have been granted that power in the will or if a license to sell has been issued by a court. Once the probate process is concluded (after debts and taxes have been paid) the executor has no authority over the real estate. Record title does not need to be transferred to the heirs since probate is part of the public record of real property ownership. The property now belongs to you and your siblings. However, you can arrange to have a deed drafted in your own names. State probate laws vary. You should consult with an attorney who specializes in probate laws in your jurisdiction.
What is the purpose of a probate court?
Generally, in the United States, Probate court is a judicial branch of the trial court that has jurisdiction over estates. That includes estates of the deceased, estates of minors and estates of individuals who are incapacitated. It has authority over trust property and can render decisions affecting trusts and trust property in cases concerning improperly drafted trust instruments or incompetency by the trustee. Probate courts have the authority to render decisions to partition real property.
How much does an estate administrator for his mothers estate make?
Asked in Insurance, Life Insurance, Probate, Real Estate
If Life Insurance policies are not part of a deceased's estate should an Executor probate an estate that is worth less than the legal fees the estate will incur to probate?
If one is married in one state but dies in another which state dictates property division of intestate property?
Generally, the laws of intestacy in the state where the property is located govern the distribution. For example, suppose a couple is married and has a residence in a community property state and a summer home in Massachusetts. Suppose one died in Florida, intestate (without a will). The property in Massachusetts would pass according to the laws of intestacy of Massachusetts. If the decedent had a will that was valid in the state where it was executed, the property in Massachusetts would pass according to the provisions in the will but the will, or exemplified copies of a foreign probate, would need to be submitted for probate in Massachusetts. Probate laws vary in different states. You must always consult with an attorney who is familiar with the law in both states to determine the legal advice particular to your situation.
Asked in Deeds and Ownership
Do I inherit property after my husbands death if I have a quit claim deed for 50 in SC?
If two people own property jointly the probate laws of the state in which the person dies and the laws concerning the way real property is held/titled determines ownership. The following may help answer your query: Property owned by two people as Tenancy By The Entirety, or Joint Tenants (in some states), or Joint Tenants With The Right To Survivorship is not subject to probate and passes directly to the surviving spouse and/or named person(s). Property owned solely by the decedent or as Tenants-In-Common is subject to probate and any interest in said property is included in the decedent's estate. If your husband transferred his property to you by a quitclaim deed prior to his death then the property belongs to you and is not part of his estate.
If a man dies without putting his wife on the deed to their house how does she get added to it?
It depends upon the state laws when and if the surviving spouse will be entitled to the property. The state probate and property succession laws will apply. If the married couple resided in a community property state she will only need to have the title amended once probate procedures have been completed. In other states, the surviving spouse may not be entitled to the property or may only be entitled to portion of the property, due to the fact that her name was not included in the titling of such. This will hold especially true if the property was bought by the deceased before the marriage.
Asked in Estates
Do i need to set up an estate account for my father if he owned no property or home?
Asked in Law & Legal Issues, Court Procedure, Wills
What happens to a deceased person's property if they have no Will or relatives?
Where do you probate a will if it was executed in a different state than where the decedent lived?
The following is general information only. You need to consult with a local attorney who specializes in probate laws and who can review your situation and advise you of your options. If the decedent owned property in another state, other than the state where the will was executed, an ancillary probate must be done in the state where the property is located. Most states allow a foreign will if it is a valid will in the state where the decedent lived when the will was executed. Therefore, the will must be proved and allowed in the state of origin first and exemplified copies can be filed for the ancillary probate proceeding.
Are wills in one state recognized in another state?
Can a widow claim her in laws property?
Asked in Divorce and Marriage Law
Is Alabama inheritance considered community property?
No. Alabama is not a community property state. In fact, inheritance is not community property in community property states. No. Alabama is not a community property state. In fact, inheritance is not community property in community property states. No. Alabama is not a community property state. In fact, inheritance is not community property in community property states. No. Alabama is not a community property state. In fact, inheritance is not community property in community property states.