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Can a sibling have a will changed even if it is not in probate?
I'm not an attorney. But if I'm reading the question correctly, the ONLY time a will can be changed is before it gets to probate. And it can be changed only by the testator, the one whose will it is. Once a will is under the control of probate court, and that would be after the death of the testator, the court decides whether the provisions of the will are legal, and then the will is executed as written. Assuming that we are talking about the will of a parent and the actions of sibling children of the parent, if siblings could just freely change wills after a parent's death, there would be utter chaos in probate courts. If there is a question about the competence of the testator to make a change, it is probate court that determines what will happen.
Can a daughter take goods before probate is granted?
The daughter is not authorized to remove property before probate. They can be charged with theft and the executor has the right to demand its return.
Does property go through probate before death certificate is made public?
No. Generally, the death certificate must be submitted with the petition for probate.
Can a mortgage be omitted from probate if the property was deeded to someone else before death?
No, the mortgage is a debt of the estate. That mortgage must be resolved before the property can be transferred.
Can children of a deceased parent be allowed access to parents property after probate but before selling?
Of course. Arrangements should be made for any of the heirs to visit the property before it is sold.
How isInherited property by 5 siblings one sibling has liens that will be more than her proceeds from her portion of the sale of the property how is that handled in South Dakota?
In South Dakota, if one sibling has liens that exceed their portion of the proceeds from the sale of inherited property, those liens can be addressed during the settlement of the estate. The proceeds from the sale can be used to pay off the liens before distribution among the siblings. If the liens amount to more than the sibling’s share, they may not receive any proceeds, but the remaining siblings will still receive their respective shares. It is advisable to consult with a probate attorney to navigate the specifics of such situations.
When A person passes away leaves a lot of credit card debt has some property but small estate no probate court can family wait 2 years before transferring property and be clear of debt?
First of all, there should be an estate opened with the probate court. Otherwise the debt is going to hang around. The estate is supposed to settle debts before property can be distributed. Consult a probate attorney in your state for the details.
Can you contest entitlement property belonging to a minor child if the deceased's estate has not been probated?
In most cases the estate must be entered into probate before any property can be disbursed either through the terms of a Will or by the probate succession laws. What property is exempted from probate and can pass directly to the beneficiary is determined by the laws of the state in which the deceased last established residency.
Can an estate be put up for sale before probate and how long does probate of the will take in NJ?
Until the Letter of Authority has been issued, the property cannot be put up for sale.
What do you have to do if the owner of property dies and you are the lien holder?
You should file a certified copy of your lien with a notice of claim at the probate court where the decedent's estate has been filed for probate ASAP. A decedent's debts must be paid before any property can be distributed to the heirs.
Do you need to probate your father's estate if he created a living trust before he died?
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.
Single parent has will leaving estate to two adult children One child dies before parent Will is not changed Does estate go solely to remaining child or does estate of deceased child receive half?
That all depends on the wording in the will.Generally, there are a couple of types of devise that are commonly used in wills. If the will provides that the property shall go to the siblings or to the survivor of them, the surviving sibling will take all. However, if the will says the property shall go to the siblings or the issue of a sibling who predeceased the testator then the deceased sibling's share will go to her children, if any.On the other hand, if the will is silent as to the distribution in the case of a deceased child of the testator then the deceased siblings share will pass as intestate property to the legal next of kin of the testator. In your case that will be the child of the deceased sibling.You should consult with an attorney who can review the situation and determine what the law is in your state. In most cases, an attorney should be handling the probate of the estate if there is property in the estate that was solely owned by the testator.
