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what happens when executor doesn't probate a will and takes the money?
It would be theft or fraud.
What should you do if you think an older person has been persuaded to write a Will to a fraudulent person?
Appear at the court when the Will is filed for probate and make an objection. Be prepared to provide the court with evidence that there was fraud.Appear at the court when the Will is filed for probate and make an objection. Be prepared to provide the court with evidence that there was fraud.Appear at the court when the Will is filed for probate and make an objection. Be prepared to provide the court with evidence that there was fraud.Appear at the court when the Will is filed for probate and make an objection. Be prepared to provide the court with evidence that there was fraud.
Can you go to jail for not turning over all items in a probate?
It is possible to go to jail. It is crime to commit fraud against an estate.
When an Executor edits his father's will for probate?
It is fraud. You cannot 'edit' a will once the testator has signed it. And amendment or codicil can be filed to change parts of the will, but they have to be done by the testator, not the executor.
Is it illegal for a benificiary of an estate i UK to sell their share before probate has been granted?
Technically the beneficiary doesn't have a legal interest to sell without the courts probate order. There are some organizations that will loan money against an expected estate. And making false claims about ownership is fraud.
If you suspect the probate is being done fraudulently can this be investigated and can the will be stopped from being distributed?
Yes. If you have GOOD CAUSE to believe that fraud is being perpetrated by the executor of the will you can bring your concern to the magistrate or the judge who is conducting the probate hearing(s). However, it is not within the purview of the court to conduct any investigation, you will have to produce proof of your allegation yourself. You should probably be represented by a good attorney who specializes in probate matters.
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.
What is the legal definition of Probate?
According to Black's Law Dictionary, probate (which is also termed as "proof of will") is defined as the judicial procedure by which a testamentary document is established to be a valid will; providing of a will to the satisfaction of the court. If the will gets set aside, the will's probate is conclusive upon the parties to that proceeding (and all other who had notice of them) on all questions of testamentary capacity, absence of fraud or undue influence, and due execution of the will. However, probate will not preclude inquiring about the validity of the will's provisions or on their proper construction or legal effect.
Do you sign a legal document to become executor of a will?
No. You have absolutely no legal authority until you have been duly appointed by the probate court. In fact, your signing as an executor when you haven't been appointed may constitute fraud and the contract would not be binding on the other party.No. You have absolutely no legal authority until you have been duly appointed by the probate court. In fact, your signing as an executor when you haven't been appointed may constitute fraud and the contract would not be binding on the other party.No. You have absolutely no legal authority until you have been duly appointed by the probate court. In fact, your signing as an executor when you haven't been appointed may constitute fraud and the contract would not be binding on the other party.No. You have absolutely no legal authority until you have been duly appointed by the probate court. In fact, your signing as an executor when you haven't been appointed may constitute fraud and the contract would not be binding on the other party.
Do you need a wills and probate expert?
To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.To write a Will or probate a Will- yes.
When a house is in probate and some of items in the will have been taken is it theft?
If they were left in the will specifically to the taker (beneficiary), then it is not theft. If they were taken by someone else, then it is some form of fraud or theft depending upon the laws of the state in which the taking occurred.
Can a beneficiary ask what an estate is worth?
Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.
