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This is NOT one of those situation where "possession is 9 points of the law."
If the estate is in the hands of the Executor and/or the Probate Court and the will has not yet been probated, the Probate Court must be notified that an improper/illegal seizure of the estate has occurred. Only AFTER the will has been probated will the proper disposition be made of the assets of the estate. THEN, and only then, will the heirs know who was the legal inheritor of what.
Another PerspectiveWhen an estate contains real property it must be probated in order for title to pass to the heirs legally. The debts of the estate must be paid before any property can be distributed to the beneficiaries. An executor must be appointed by the court. Once appointed the executor, and only the executor, has full power over all the estate property.
The executor has the legal responsibility to collect and protect the estate until it can be distributed. The executor can obtain a court order to have the heir removed from the premises. There is always a danger that heir will commit waste, remove personal property belonging to the decedent or damage the property. No person can seize property that does not belong to them and it is especially difficult to carry off if the property is in probate under the jurisdiction of the court and under the absolute authority of the executor.
If an attorney is handling the estate they must be notified immediately. She/he must review the situation and explain all the legal options open to the executor. Legal action should be taken immediately.
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∙ 12y ago
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Insurance paid for house after my mothers death no heirs on the deed how do i get the house?
Get probate done so that title can officially be transferred to the legal heirs.
How long can mineral rights go without being probated in ND They were in a estate in which the lady died in 1989 and never has been probated?
If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.
Are heirs responsible for medical bills in Texas?
The estate has the responsibility to settle all debts not the heirs. Once that is done, the remainder can be distributed.
What can you do when your father's will left your mother life estate of land then life estate to his children with remainder interest going to their heirs Can this be changed if so how?
The only thing that can be done is for the heirs to disown their interests. You should consult with an attorney. All the heirs (wife, children, grandchildren) could likely join in a deed to a straw to end the effects of the will.
If a house is in probate what happens if one of the heirs dies?
The gift to the beneficiary will become part of the beneficiary's estate. Generally, the interest of the deceased heir will pass to their own heirs according to the provisions in their will or to their heirs-at-law under the state laws of intestacy. Also, their estate will need to be probated. The attorney who is handling the original estate can explain what needs to be done in order to clear the title to the property.
Do heirs get copy of a will?
Yes, heirs typically receive a copy of the will after the testator (person who made the will) passes away. This is done during the probate process to ensure transparency and allow heirs to understand how the deceased individual's assets will be distributed.
Should a person getting the house in a divorce get a home inspection to make sure that changes made after buying the house was done correctly?
yes you should because the other person could of done thing to the house after buying it that could create problems in the future that the other person know nothing about
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The area should be cut out and framed. This should be done by a professional.On the Lighter Side:A sledgehammer will do just fine.
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The menstrual cycle seizes once the vagina is done shedding its lining otherwise for it to FULLY seize it would be during menopause or during a time of pregnancy.
Why most research done in house?
research done in house to be secret or confidential...
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in his house or in front of an audiance but for his most famouse it would be house as u could mess upo it should be done in priviate
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The contractor should repair or replace the items that failed until it can pass inspection. Do not accept the house as done until such time as it passes, however inconvenient it is.
