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What can you do if a will has not been probated but person has died and the person given power of attorney did not have it probated nor followed the will instructions?
Wiki User
∙ 13y ago
A Power of Attorney is automatically extinguished upon the death of the principal. The will should be submitted for probate now. No one had the right to distribute the property of the decedent until they were appointed the estate representative by the court. If the person who is in possession of the will refuses to submit it to the court then another family member can petition the court to be appointed the Administrator of the estate as if there was no will. The court will appoint an administrator and that person will have the legal authority to collect the property and distribute it to the heirs at law according to the state laws of intestacy.
You should consult with an attorney who specializes in probate law.
Wiki User
∙ 13y ago
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How do you transfer title to home in name of an estate to an individual if will never probated?
When a person dies owning real estate their estate mustbe probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.When a person dies owning real estate their estate must be probated in order for title to pass legally to their heirs. You need to consult with an attorney who specializes in probate law.
When a person with a reverse mortgage dies can the executor give the house to the reverse mortgage company?
The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.The estate must be probated and the executor should ask the attorney who is handling the estate how and when to make the transfer.
How can you find out how much is in the estate when a person dies when your family tells nothing?
Check to see if the estate has been probated. If it has you can read through the file. If the estate hasn't been probated you should consult with an attorney who can review your situation and explain your options.Check to see if the estate has been probated. If it has you can read through the file. If the estate hasn't been probated you should consult with an attorney who can review your situation and explain your options.Check to see if the estate has been probated. If it has you can read through the file. If the estate hasn't been probated you should consult with an attorney who can review your situation and explain your options.Check to see if the estate has been probated. If it has you can read through the file. If the estate hasn't been probated you should consult with an attorney who can review your situation and explain your options.
How do you see what has been left for you in a will if the person holding it in trust wont show you?
If the person who wrote the will is still living you have no legal right to see their will.If the person who wrote the will is deceased, and the will was probated, if you were a legatee named in the will, the Probate Court should have notified you that the will was being probated. If the death has occurred and the will has been probated and you did not receive such notification - you have a legal right to have the contents of the will disclosed to you. Consult an attorney if the information is being withheld from you.
Where do you get a copy of a deceased's will?
If the will was probated you can obtain a copy at the court where the will was probated. If it was not probated you must request a copy from the person who has the will in their possession.
Can a will or trust be probated before trustees decease?
You are mixing your terms. A will provides instructions regarding the distribution of a person's estate after they have died. A will must be probated after the death of the testator.A trust is not probated. It is created to hold title to property so the property is not included in a person's estate. It is created by a living person who then transfers their property to the trustee of the trust. A trust is then managed by trustee according to the provisions in the trust document.A trust and a will are not the same. See related question link provided below.
Is it illegal to live in a house with a deceased person's name on the deed?
No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.No. Not as long as the decedent's estate was probated and you are the legal owner now. The deed doesn't need to be changed as long as the probate file shows the estate was properly probated. You do not need to have a new deed drafted and recorded although you can have one drafted by the attorney who handled the estate.If the estate was not probated then you are not the legal owner and you need to rectify that problem.
Can a will be filed in any court county or the county where the person lived?
If the testator owned property where she/he lived the will should be probated in that county. You should check with an attorney in your jurisdiction to determine the practice in your area.
When can you spend missing siblings inheritance?
You need to discuss the situation with an attorney. A person must be missing for a number of years before they can be declared dead by a court order. Then, their estate would need to be probated.
Where is a Will probated when it is signed and witnessed in one state and the person dies while a permanent resident in a different state?
A will is probated in the last state in which the person established residency.
Does a sole survivor trump a power of attorney on an estate?
A power of attorney is extinguished upon the death of the principal who executed it. An attorney in fact under their power of attorney has no authority over their estate after death. Once that person has died an their estate must be probated and an administer must be appointed by the probate court. Beyond that you have not provided any details to explain the reason for your question.
Can anyone see the will of a deceased person?
If the will was probated then it is part of the public record. You can go to the court where the estate was probated and request to see the file.
