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What happens if a later will is found after the first will has been probated and the assets distributed?
Wiki User
∙ 14y ago
You need to consult an attorney who specializes in probate in your area who can review the situation, the first probate proceeding and the will, and explain your options, if any.
Wiki User
∙ 14y ago
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Does the money left to a beneficiary in the state of ga have to be paid to the creditors of the deceased?
Yes. The creditors of the decedent must be paid first if there are any assets in the estate. Once the creditors have been paid any assets that remain pass to the beneficiary. When the estate is probated the creditors have a statutory period during which they must file a claim. That period varies from state to state. Once the period passes the assets can be distributed to the beneficiaries. You should speak with the attorney who is handling the estate.
What happens to their credit card debt when a single person dies?
Their estate is responsible for the debt. First, if the deceased has a home, property, condo, cars, etc., the estate will sell it off and pay the debtors. If there are no assets, the debtors will lose their money. If there is no will, the estate will be distributed according to the intestacy laws.
How do you determine where the decedent's estate was probated?
A decedent's estate is probated in the county where she/he owned property. Check first at the county probate court where the decedent lived.
Does a trust created prior to marriage automatically get distributed to spouse not included in trust?
Generally, no. In fact, a properly drafted trust protects the assets of the trustor from their spouse. That type of arrangement is often used when a person has valuable assets, children from a first marriage and a new spouse. A trust removes the assets from their individual estate thereby circumventing inheritance laws.
How do you get a estate transferrd into your name with no will?
First of all you have to create an estate to transfer. That is done by filing the necessary document with the probate court. Once the estate is inventoried, the debts settled, then any remaining assets can be distributed.
If someone dies and leaves the house to their child but owes a lot of credit card debt can a lien be placed on the property to collect the debt?
es. The debts of the decedent must be paid before any property can be distributed. The creditor can file a claim against the estate. The estate must be probated if it contains real property in order for title to pass to the heirs legally.es. The debts of the decedent must be paid before any property can be distributed. The creditor can file a claim against the estate. The estate must be probated if it contains real property in order for title to pass to the heirs legally.es. The debts of the decedent must be paid before any property can be distributed. The creditor can file a claim against the estate. The estate must be probated if it contains real property in order for title to pass to the heirs legally.es. The debts of the decedent must be paid before any property can be distributed. The creditor can file a claim against the estate. The estate must be probated if it contains real property in order for title to pass to the heirs legally.
Do funeral cost come before a lien on property to be paid?
You need to be extremely careful about paying the debts of a decedent. Each jurisdiction has a statutory provision that governs who gets paid first. If the person who has custody of the assets of the decedent does not pay according to law, they can be held personally responsible. If the decedent owned real property their estate must be probated. You should consult with an attorney who specializes in probate law.You need to be extremely careful about paying the debts of a decedent. Each jurisdiction has a statutory provision that governs who gets paid first. If the person who has custody of the assets of the decedent does not pay according to law, they can be held personally responsible. If the decedent owned real property their estate must be probated. You should consult with an attorney who specializes in probate law.You need to be extremely careful about paying the debts of a decedent. Each jurisdiction has a statutory provision that governs who gets paid first. If the person who has custody of the assets of the decedent does not pay according to law, they can be held personally responsible. If the decedent owned real property their estate must be probated. You should consult with an attorney who specializes in probate law.You need to be extremely careful about paying the debts of a decedent. Each jurisdiction has a statutory provision that governs who gets paid first. If the person who has custody of the assets of the decedent does not pay according to law, they can be held personally responsible. If the decedent owned real property their estate must be probated. You should consult with an attorney who specializes in probate law.
How do you get a felony with no jail time?
Your sentence is probated -- usually a lesser first-time offense.
Can cd's be cashed in that belong to a dead person before the will is probated by the executor?
Most states require filing of probate as a first step in appointment of the executor, which then gives the executor the power to collect and appraise the property of the estate and liquidate the portfolio for distribution.It depends on what you mean by "probated." Probate includes the entire process, which can last for years, until all assets are distributed. "Before the will is probated" could be taken to mean "before probate is filed", or "before everything required under probate is completed."So, technically yes, if the latter, because an executor has the power to do that DURING the probate of an estate. However, if the probate has not yet been filed, nobody has the power, as it died with the owner. Many elderly have ownership of such things placed into joint tenancy with right of survivorship, so that another person can immediately access the funds without probate.
What happens to the assets due to an executor if the executor of a will dies?
They become part of his estate. The executor of his estate would file the claim against the first estate.
What happens if a deceased person did not have a will and the person who is next of kin dies before the estate is settled?
Generally, the probate of the first estate would need to be completed. If the next of kin who died is the only heir and was living when the first person died then that person's estate would need to be probated.
What is law on paying off debts after a death?
First, the estate must be probated. The filing of the probate will trigger the publishing of a notice that the person has died providing the creditors with an opportunity to make claims against the estate for unpaid debts.The estate is responsible for paying the debts of the decedent. The debts must be paid before any assets are distributed to the heirs. The probate code in each state provides a priority scheme by which estate debts must be paid. It is especially important if there is not enough money in the estate to pay all the debts. The executor or administrator can be held personally responsible if the debts are not paid correctly or are paid in the wrong order or/and any funds are distributed to the heirs when unpaid debts exist.
