If your father owned real estate in his own name when he died you must present the Will to probate court to have it allowed and to be appointed the executor. That is the only means by which the title to the real estate can be legally transferred to you. Also, if he had bank accounts in his own name, your appointment as executor will provide legal access to those accounts. If there is a simple estate involved perhaps the court staff will assist you in filing the documents yourself. If more complex then you should seek the advice of an attorney.
Yes. The CD has been left to you in the will.
Go to the court house and request one. You have a right as a natural heir of your grandmother. They may charge you copying costs. Of course, this supposes that you are 18 or older.
Yes, the executor of the estate can make decisions such as this. it is usually best to talk it through if you are on good terms with your sibling.
The estate can require that the beneficiary pay the money back. Or they may offset the amount against what they get. If there is anything left over, there shouldn't be a reason to make them pay it back.
The executor should never pay the bills themselves. They should have the estate do it. Yes, with proper receipts, there should be no problem with getting the money back.
If property is left to a beneficiary in fee simple, the executor generally cannot sell it without the beneficiary's consent. A fee simple interest means the beneficiary has full ownership rights, including the right to occupy or sell the property. The executor's role is to manage the estate and distribute assets according to the will, but they do not have the authority to sell property that has already been transferred in fee simple to a beneficiary. However, if the will allows for it or if the estate needs to settle debts, the executor may seek court approval to sell the property.
You have conflicting legal terms in your question.An executor is appointed when the decedent left a will.Intestate means that the decedent died without a will. If the son was the "named beneficiary" as you stated then there must be a will.The son can petition the court to be appointed the executor of the will.If there is no will some qualified person must petition the probate court to be appointed the Administrator of the estate. The son would be a qualified person.
It is up to the executor of the will to keep taxes, insurance etc. current.
The monies are not the property of the beneficiary until the executor has released them. Any assets of the deceased have to be provided to the executor for inventory and valuation. Only once the debts have been settled can things be released.
if someone died and left an insurance policy and named me beneficiary how can i find out
Possibly. First, if the policy states that the proceeds go to a specific named beneficiary, then the executor has no authority at all over it. In fact the executor has no right to even collect it for that beneficiary. Second, if the policy is payable to the estate, then the proceeds are to be distributed according to the terms of the will, not his own choices. Sometimes insurance is payable to an estate if the decedent names his estate as the beneficiary (highly unlikely) or if the named beneficiaries hav predeceased and there is no one left to receive the proceeds (it does happen but rarely).
Typically, the executor of the deceased person's estate will inform beneficiaries mentioned in the will. If you suspect that you may be mentioned in a will but have not been notified, you can inquire with the executor or contact the estate lawyer handling the matter. Additionally, wills are usually filed with the probate court, so you could check there to see if a will exists and if you are named as a beneficiary.
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].
Either the Executor of your father's estate or, if he died intestate, the Probate Court. They are required by law to make a diligent effort to locate any heirs and notify them of, not only the death, but of any possible inheritance.
You can find out if a person left you something in their will by requesting a copy of the will from the executor of the estate or the probate court where the will was filed. If you believe you may be a beneficiary, you can also contact the deceased's lawyer to inquire about any bequests to you.
I believe if you are the personal representative or executor of the will you would need to contact the life company providing them with original death certificate and probate papers and you ought to be able to find the worth out
The death of an executor does not affect the will. The will is followed by the executor who reports to the court. If the grandmother left the children out of the will, they will not be entitled to anything.