Yes, every will must go through probate regardless of what it says. That ensures all of the legal requirements are met and taxes paid.
Yes, it will go to probate. But it would go under the terms of her will, not his.
Yes, it's called marital possession
If the estate includes any assets that are in your father's name alone then his estate will need to be probated. If that is the case, you and your mother should arrange a consultation with an attorney who specializes in probate who can review the situation and explain your options.
This is illegal. Contact an attorney. A will must go through probate or the estate itself must go through probate, but even if she legally inherited everything, there must be a probate process to hand over all legal title to her.
Yes you must probate and become the administrator over the estates and items he possesed. You will need to contact a lawyer that deals with these situations to help the process.
My father recently died and I am having problems with getting the okay from my brothers to hire a probate attorney. They want to take care of everything. Has anybody ever done probate without an attorney? Do you have any advice?
You need to probate your father's estate if he owned any property at death that was not transferred to his trust. You should have a copy of the trust. If you're not sure you should consult with an attorney who specializes in probate law.
Adam did not father children with his daughters. The first recorded man to be involved in Bigamy (two wives) was Lamech.
You cannot physically see the Will of your deceased father-in-law unless you are named as a beneficiary or executor in the Will. To access the contents of the Will, you would typically need to request a copy from the executor of the estate or the probate court overseeing the administration of the estate.
If your father is living , no. If your father has died and you know someone has the Will you can insist it be filed with the probate court. Once it has been filed for probate you can visit the court and obtain a copy.
A power of attorney is extinguished by the death of the principal. In the absence of a will, estates pass according to the laws of intestacy in your jurisdiction. Your father's estate must be probated in order for the title to the real estate to pass to you legally. Title to real estate can only pass to the heirs through probate court. You should seek the services of an attorney who specializes in probate and commence a probate proceeding to be appointed the Administrator of your father's estate. You can check the laws of intestacy for your state at the link below.
so whats the answer
A will must "go to probate" in order to be declared legal and enforceable. Going to probate means having the will proved as a valid last will and testament according to the applicable state laws.