answersLogoWhite

Top Answer
User Avatar
Wiki User
Answered 2008-05-10 21:27:24

If the fiduciary has been appointed and the period when creditors may file a claim has passed the fiduciary may begin to make distribution, especially of personal property that was specifically devised, as long as there are enough funds reserved to pay claims and costs of the estate.

001
๐Ÿ™
0
๐Ÿคจ
0
๐Ÿ˜ฎ
0
๐Ÿ˜‚
0
User Avatar

Your Answer

Still Have Questions?

Related Questions

How can a person deed their part of some land to their children but have a life estate to the property?

They can consult an attorney who specializes in real estate law, probate law or estate planning. The attorney can review their situation and explain both their options and the legal consequences of transferring property while retaining a life estate.They can consult an attorney who specializes in real estate law, probate law or estate planning. The attorney can review their situation and explain both their options and the legal consequences of transferring property while retaining a life estate.They can consult an attorney who specializes in real estate law, probate law or estate planning. The attorney can review their situation and explain both their options and the legal consequences of transferring property while retaining a life estate.They can consult an attorney who specializes in real estate law, probate law or estate planning. The attorney can review their situation and explain both their options and the legal consequences of transferring property while retaining a life estate.


Who is responsible for expenses while a home is in probate?

The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.


Can the personal representative sell the deceased's house if the estate is still in probate in the state of Michigan?

Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.


Can an heir buyout other heirs while estate is in probate?

Generally, no. The heirs cannot individually sell their interests until the estate has been probated. The estate must be probated in order for legal title to the property to vest in the heirs. Once title has vested, the heirs can execute deeds that transfer their interests.


What happens if an Ex wife comes on the property and removes items from an estate while in probate?

She can be charged with theft and trespass.


How can you get an inheritance loan?

You can get an inheritance loan to get money more quickly when you are due to inherit money or get a legacy from someones estate. There is often a delay in receiving your inheritance while the estate that the money is coming from obtains probate. Companies specialising in inheritance loans will lend you money while probate is being obtained.


Can a house go into foreclosure while it is tied up in probate?

Yes. Notice would be served on the executor or administrator or the estate.


Can an executor who is also a beneficiary get money from the estate while still in probate?

If the estate contains enough assets to settle all of the debts, they can. Also, the executor is, by law, entitled to be paid for their time. The rate is often set by law and the probate judge has to approve the distribution. If they have properly documented their time, it is reasonable to bill the estate and collect it.


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

Generally, if your father owned any property that was not transferred to the trust while he was living then his estate must be probated.


What is the difference between a living trust and an estate?

A living trust is set up for a specific purpose, with rules for what is to be done with the assets while the individual is living. They key to many is that it can also transfer the contents without going through probate. An estate is the property of a decedant that is going through probate.


Can the executor of a property raise the rent while still in probate?

There is no reason that they can't. They are responsible to maintain the estate. If the rent was below market value, they could actually be held liable for reducing the value of the estate.


Can you get a power of attorney for a dead grandson?

No. The power of attorney comes while the person is alive. You need to go to probate court and become executor of his estate.


Can a heir force an executor who is living probate house to take action on sale or to make payment of value of home to the heirs according to will while estate is in probate?

If the executor is acting in bad faith, certainly an heir could sue him for that.


Should the adult child of a decease parent continue to pay the mortgage while the will is in probate or does he need to wait until executor of the estate has been legally declared?

You should seek the advice of the attorney who is handling the estate.


What is the statute of limitation on contesting a will in Florida?

You have three months to contest a will while it is in probate. After the court discharges the estate, contests are no longer permitted, except for certain situations.


Can you sell personal property while will is in probate?

That is normally part of the process of settling an estate. The items have to be fully inventoried and assessed and sold at fair market value.


How do you avoid probate in my will?

You can't avoid probate by having a Will. You can avoid probate by not owning any property at the time of your death. That takes planning such as listing beneficiaries on all your accounts and insurance policies, and transferring your property to an irrevocable trust while you are living. If you want to avoid probate then you should make an appointment with an attorney who specializes in estate planning who can review your situation and explain your options.


Do the real estate laws vary by state?

Yes. While all states do share some basic laws, each state is given the ability to make its own laws regarding property, via real estate and probate.


Define difference between power of attorney and executor of estate?

A POA allows an attorney in fact to act on behalf of the principle while the person is living. It is extinguished upon the death of the principal. An executor is appointed by the probate court to settle a testator's estate after their death. An executor is often named in a will but must be appointed by the probate court. An executor only has power after the death of the testator and only after they have been duly appointed by the probate court.


What happens if your sister sell your parents stuff while the house is in probate?

If she is not the court appointed estate representative then her actions would constitute theft. She should be reported to the police immediately.


What right does the only child of deceased mother have while in probate learns that there is a grandchild from mothers deceased daughter who was adopted out 35 years ago and is getting half of estate?

If you don't understand the legal reason for the distribution of your mother's estate you should ask the attorney who is handling the estate to expplain it to you. If you still don't understand or disagree then you should consult another attorney, explain the situation and ask for a second legal opinion. The second attorney can review the law that affects your situation and confirm that the distribution is being done according to the law in your state.


Can someone named in a will have the right to see the will while it is in probate?

A will "in probate" is public information. If the executor won't provide you with a copy, you can get a copy from the probate clerk.


Can a Personal Representative rent out or lease a home of the estate while it is waiting to sell?

The executor has the responsibility to maintain the value of the estate. In some cases this will include renting property. If there is any doubt about whether this is a good idea, they can request permission from the probate court to do so.


What types of fees are associated with getting a cash advance on my inheritance while it is still in probate?

For Heirs Who Want Advance Inheritance Cash Quickly & Securely: Probate Cash ... form of a house and property only, with no cash, can we still apply for a Probate Loan? ... What court fees and legal costs are associated with Probate? .... The inheritance advance took my focus off money. Instead of getting further ...


Are wills registered?

In most places a Will can be filed with the probate court while the testator is living, for safekeeping. That would be a voluntary procedure. Most people simply keep their Will in a safe place or filed with their attorney.Once a testator has died their Will must be filed for probate in order for property to pass to the beneficiaries. Title to real estate cannot pass to the heirs unless an estate is probated with or without a Will. Once a Will has been submitted for the probate process it becomes a public record and anyone can visit the court and obtain a copy.


Still have questions?