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What happens with a recently probated will that bequests money to a decedent who died intestate two years ago?
Wiki User
∙ 14y ago
What state did the decedent who died two years ago, die in? Any local probate attorney can answer your question. The heirs of the decedent who died two years ago may be eligible to claim the money.
Wiki User
∙ 14y ago
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Does every will of a recently deceased person have to be probated?
Probate of a Will is a civil court action for the purpose of the orderly transfer of property from a deceased person's estate to his or her heirs. A Will is a formal document directing how the deceased person's property is to be distributed. If there is no property to distribute, there is no need to probate the Will even if there is one in existence.
One owner of a joint checking account in Alabama died years ago and has adult children. The other owner just died and has a spouse. Who gets the account?
The funds would be split 50/50 between the estates/next of kin of the two deceased. If the owner that had only recently died had been on the ball, they could have declared the other owner deceased and had the funds all to themselvesAnswerThe surviving spouse will inherit the balance of the account and may be required to share it with other heirs at law of the decedent according to the statutory provisions reprinted below. When two people set up a joint checking account and one dies, the full ownership of that account passes automatically to the surviving joint owner with no need of probate. That's what joint accounts are all about. When that surviving joint owner dies, the account is included in her estate and will pass according to the provisions in her will or the state laws of intestacy if there is no will.In Alabama, intestate property passes to heirs-at-law as follows:Section 43-8-40Intestate estate generally.Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this chapter.Section 43-8-41Share of the spouse.The intestate share of the surviving spouse is as follows:(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;(2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate;(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate;(4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate;(5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.Section 43-8-42Share of heirs other than surviving spouse.The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows:(1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;(2) If there is no surviving issue, to his parent or parents equally;(3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation;(4) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.Section 43-8-44When estate passes to state.If there is no taker under the provisions of this article, the intestate estate passes to the state of Alabama.Section 43-8-45Division of estate where representation is involved.If representation is called for by this chapter, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one share and the share of each deceased person in the same degree being divided among the issue of such deceased heir in the same manner.Section 43-8-46Inheritance by relatives of half blood.Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
Your grandfather's recently deceased wife has 3 daughters from a previous marriage who he believes are the only heirs listed in his wife's will Is he entitled to anything?
If the decedent left a will then the will should be probated and the provisions in the will must be followed. Your grandfather would automatically become the sole owner of any property he owned as joint tenants with his wife. If he wishes to claim "spousal election" under his state laws he may be entitled to take a share of his wife's estate by law. He should seek the advice of an attorney in his area.
In the state of Georgia do children from a first marriage have any legal rights to properties owned by their recently deceased father?
If your father died intestate, without a will, you can check out the laws of intestacy for the state of Georgia at the related question below.
How can you find out if you were in your fathers will when he died and your step mother did not tell you?
His will must be filed (probated) in the county where he lived and is public record. Call the County Clerk of the county and ask what to do to get a copy. Usually it's mail a request and a small fee. If he died recently the will may not yet have been submitted for probate, in which case contact the lawyer handling it if you know who it is.
Does a life insurance policy have to be probated?
Not if there is a named beneficiary living. that makes it separate from theEstate of the deceased. example my mother recently passed away while she left a life insurance policy and stated me as the beneficiary, she also had one on me and she was the sole owner. Which makes that life insurance policy part of the estate since there was no other person who was named as owner hope that helps.
What are the comparative and superlative of the word Recently?
Comparative: More recently Superlative: Most recently
The property was your nans who recently passed away she had 2 sons and 1 daughter one of which was your dad your dad passed away so does this mean you would then be entitled to 33.3 stake in any asset?
Logic suggests that you are correct. However. it depends on what her will indicated regarding the disposition of her assets. And IF there was no will [called intestate], then the distribution of assets would be according the laws of the state in which she resided at the time of death.
What is the comparative and superlative for recently?
more recently, most recently
How do you spell recently?
recently
What are the comparative and superlative of the word Recently in a sentence?
more recently most recently
Largest runway in India?
That is recently made in Hyderabad That is recently made in Hyderabad That is recently made in Hyderabad
