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What can you do if you think that the probate of an estate has taken to long to settle?
Wiki User
∙ 12y ago
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoFile a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
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Is the surviving spouse liable to pay medical bills for a decedent with no estate or probate assets in South Carolina?
The estate is responsible for the decedant's debts. You should consult a probate attorney and open an estate to settle any debts and distribute assets, even if you don't think there are any assets, you might be surprised.
Can the executor of my stepfather's estate refuse to probate the will or let his heirs read it?
If there are no assets to be probated he can withhold it. If you think he is withholding it unreasonably, then open up probate yourself so the judge can ask him to produce it for court.
The administrator made you put your own beneficiary funds into the estate account advising it was required. Can you sue her for fraud or petition the court to remove her?
You haven't explained what the "beneficiary funds" consisted of or where you got them. If the funds came from a joint account with you and the decedent or from a "payable on death" account with you as the beneficiary the funds are not part of the probate estate. You should visit the court where the probate was filed immediately if you think you are a victim of fraud by the administrator. You can file a motion to have your question answered after a review by the court. If the administrator is mishandling the estate she can be removed and replaced by the court.You haven't explained what the "beneficiary funds" consisted of or where you got them. If the funds came from a joint account with you and the decedent or from a "payable on death" account with you as the beneficiary the funds are not part of the probate estate. You should visit the court where the probate was filed immediately if you think you are a victim of fraud by the administrator. You can file a motion to have your question answered after a review by the court. If the administrator is mishandling the estate she can be removed and replaced by the court.You haven't explained what the "beneficiary funds" consisted of or where you got them. If the funds came from a joint account with you and the decedent or from a "payable on death" account with you as the beneficiary the funds are not part of the probate estate. You should visit the court where the probate was filed immediately if you think you are a victim of fraud by the administrator. You can file a motion to have your question answered after a review by the court. If the administrator is mishandling the estate she can be removed and replaced by the court.You haven't explained what the "beneficiary funds" consisted of or where you got them. If the funds came from a joint account with you and the decedent or from a "payable on death" account with you as the beneficiary the funds are not part of the probate estate. You should visit the court where the probate was filed immediately if you think you are a victim of fraud by the administrator. You can file a motion to have your question answered after a review by the court. If the administrator is mishandling the estate she can be removed and replaced by the court.
Your father died without a will in Ky and your step brother is executor of his estate and you think the amount he sent to you may not be fair?
If your step brother is named the executor of your father's estate, he can divide things up as he sees fit. If you really think he is being unfair, you can get a lawyer and take him to probate court.
What does it take to be an Estate Probate Lawyer?
Dealing with a deceased loved one's estate can be confusing, especially during a time when family members and friends are grieving. There are rules that must be followed and paperwork that must be filed in a timely manner, making even of the simplest of estates difficult for a layman to handle. Large, complex estates or situations where there are conflicts over the division of the estate require the expertise of a trained Estate Probate lawyer.What Is Part Of The Estate?Everything owned by the deceased person, or decedent, including property owned jointly with others and all monies owed to the decedent.What Does Probate Mean?Probate is the process by which the decedent's will is processed through the legal system. When the deceased person made their will, he or she named an executor for their estate. The executor receives a sum for the work he or she performs. It is the executor's responsibility to see that the will is probated in a timely manner, all paperwork is properly filed and the assets are distributed amongst the heirs as specified in the will. If the deceased person owed debts, those must be paid proportionally to the creditors. As probating an estate is an exacting and time-consuming process, most executors hire an Estate Probate lawyer.What Does An Estate Probate Lawyer Do?An Estate Probate lawyer sees that the necessary legal notices are placed in the newspaper to serve notice on all persons and entities having a claim on the estate. The lawyer deals with creditors as well as those owing money to the estate. The lawyer also handles tax issues, gets appraisals on property and assets and deals with the decedent's bank accounts. Working with the executor, the Estate Probate lawyer ensures that all debts are paid, all monies owed are collected and the estate is divided amongst the heirs according to the wishes of the deceased person.Does Every Estate Need An Estate Probate Lawyer?In short, yes. Unless the executor happens to have the legal knowledge to make sure that every requirement is followed to the letter of the law, it is best to hire an Estate Probate lawyer. Heirs to the estate may hire their own lawyers to represent their interests as well.Although the subject is not one that most people want to think about, let alone deal with, planning ahead for the dispersal of one's estate is the best way to ensure that your wishes are carried out with as little extra stress on your loved ones as possible.
What can you file if your dad died intestate?
The forms to open an estate are available at the county courthouse. It would be advisable to consult a probate attorney as the administration is not as straight forward as one might think.
How do you find out who is the Administrator of your grandmother's estate who has unclaimed money owed to her?
This depends on your state law. Generally, you have one year from the date of death to file a petition to open an estate in Probate court. Court documents are public documents. If you think a petition has already been filed, go to the county where you grandmother lived and ask the clerk to look up her case. They can give you the information. If it hasn't been filed yet and there was no will, then you could petition to have her estate opened. Contact a probate attorney to help you.
Can executors distribute the estate to one heir against the instructions in the Will without informing the other heirs?
The answer to your question is no, not with or withoutinforming the other heirs. In addition, please note the following:No one is an executor until they have been appointed by the probate court as the executor. Once appointed, the executor must settle the estate according to the provisions in the will, the probate laws and the laws of intestacy under the supervision of the probate court. An executor who violates their office will be held personally liable for any damages suffered by the heirs.An executor may not make changes to the distribution set forth in the will unless it becomes necessary due to such problems as error, death of a beneficiary or confusion as to the testator's directions. In that case, the executor must request a ruling from the court.There is one way the estate may be distributed differently than the testator intended: Generally, at some time during a probate procedure an heir can disclaim their own interest in the estate. The heir can assign that interest to some other person or simply allow it to "lapse" and it would fall into the residuary of the estate to be shared by all the remaining heirs under the provisions of the residuary clause of the will. Think of it as an assignment of one's own property since the testator has died and the heirs are the owner's of the estate.
How can you obtain details of your grandfather's will if you think you were a beneficiary and that information has been withheld from you?
You can check the records at the probate court to see if the will was filed for probate. Once a will is filed it becomes a public record. You can go to the probate court, request the file, read the will and obtain a copy for your records. If the will wasn't filed then it's difficult for you to obtain a copy. You would need to ask the person who has the will in their possession. Note that if your grandfather left real property in his name the estate must be probated in order for the title to the real estate to pass to his heirs legally.
Can an executor hide money from her mother's will that is supposed to be divided three ways?
Once a probate is filed it becomes a public record allowing you to monitor every action taken by the executor. She is obligated to file an inventory with the court. You can review the inventory she filed and see if you think it's complete. If she hasn't filed one then complain to the court or to the attorney who is handling the estate. Once the probate process has been completed the executor is required to file an account with the court that shows the disposition of all the property that was listed in the inventory. AT that time the heirs will be required to sign a release and assent to the account. Stealing from an estate is a very serious violation of the law and will generally show up at some time during the probate process.
What happens when the son of the deceased gets nothing because of no will?
When there is no will, Probate Court handles the disposition of the deceased's property. I would think a son has a legitimate claim to some of the property unless there are some unusual circumstances. Contact Probate Court and ask how the estate was handled, or is being handled. There should be a way for you to present your case.
How do you find out who was the executor of a deceased person's estate?
There are several local services that you can find at this list of Probate Registries: http://www.hmcourts-service.gov.uk/HMCSCourtFinder/CourtFinder.do?court_work_type_desc=probate or you could try searching the National Will Database: http://www.tnwdb.com but I think that's a commercial venture.
