You file a claim with the court (they should have a form you can use) along with proof that your father owed you the money. Once you file it the executor must pay the debt.
The person who is designated as the Administrator or Executor of his estate is the one who has the right to file this return and to negotiate any refund check if one is due. The return must be filed and the type of return is a Decedents Return. Only the person authorized in the will and by the local Probate or Magistrate Court is able to take care of these matters.
If your father earned enough income during the part of the last year that he was alive to require a return to be filed, the executor of the estate or the person in charge of his property must file a tax return for the final year. And, of course, if he had any taxes withheld from any kind of payment (wages, Social Security, pensions, etc), then a return should be filed to claim a refund. It is considered a good idea to file a return for the final year even if not required if the deceased had any income at all. This starts the statute of limitations running so that the affairs of the deceased can be wrapped up and the survivors won't have a possibility of an audit hanging over their heads for very long.
The only thing you can do is petition the court. But you might want to consult an attorney. The executor is entitled to be paid for the work they do.
A joint bank account or more likely a portion of such might become part of the deceased estate depending upon how the account is held. Most accounts held jointly by family members are done so under the law of rights of survivorship and therefore revert to the living account holder(s) upon the death of the another. In any case, just being a joint account holder does not make the person responsible for the repayment of debt incurred by the deceased.
I'm going through this now. Send a registered letter requesting a financial statement of the account of the estate and put a time period for them to answer even better to send it to the estate lawyer. If that fails hire a lawyer to request it for you. You must be named in the will as a beneficary
Then someone else is and must follow the wishes of the deceased.
What does the will say? Who is executor of the estate? Were any plans made by the deceased?
Alternate ExecutorsThis will depend on the Probate [sometimes called "Succession"] law of the state in which the deceased [who assigned your father as executor] lived, and thus the will was probated.Usually, the will for which your father was named executor will have a statement naming an alternate (s) executor in the event the named executor [your father in this case] is unable, for any reason, or unwilling to serve in that capacity.If there was no provision for appointing an alternate executor then the Probate law of the state in which the deceased lived will determine the assignment of a new executor.In this type of situation, it would not be uncommon for your mother to be named by the Probate Court as the replacement executor [called an "executrix" in the case of a female].
If your father is living you are not entitled to a copy of his will. If he is deceased and his will has been filed for probate you can obtain a copy from the court. Once a will has been filed it becomes a public record.
In most cases, the eldest child is not automatically responsible for handling their deceased father's estate. Typically, the responsibility falls on the executor named in the father's will or, if there is no will, on the legal heirs as determined by law. It is important to consult with a legal professional to understand the specific requirements and obligations related to handling the deceased father's estate.
If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.
Only a death benefit compensation is the death is work related.
No, you have no rights to change your father's will.
The court must appoint the executor and will appoint the person named in the will by the testator unless that person declines, is deceased or is determined to be unfit by the court. In that case any one of the surviving children may petition for appointment and if there are no objections that person will be appointed executor.
If the estate has been filed for probate you can go to the probate court and read the will. Once a will is filed for probate it becomes a public record. You can even get a copy to keep for your records.
Tom Cruise's real name is Thomas Cruise Mapother IV. He's named after his deceased father (Thomas Cruise Mapther III) who he was estranged from for the longest time.
The executor of the estate will have the ability to do this. They can provide their Letter of Authorization and get the names on the deed changed appropriately. All such changes have to be approved by the court.