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When a child dies by negligence of hospital can a parent be the power of attorney for the estate?
No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.
How do you get a deceased daughter's money from her bank?
Talk to your lawyer.AnswerIf that's his only property and he doesn't have a wife or children you can visit your local probate court and request an expedited administration. The court can issue a document that will enable you to collect the funds and close the account.
Is there a deadline for filing a claim against someone's estate?
Yes. Generally that occurs when the decedent owned real property. Title to real property cannot pass to the heirs until the estate has been probated. In the case of personal property, only such property that remains can be distributed through a probate procedure. If the decedent owned such property as bank accounts or other valuable personal property, an interested party can petition the probate court to be appointed the personal representative of the estate whether the decedent died with or without a Will. The personal representative will obtain the authority to distribute any property according to state laws of intestacy or according to the Will if the decedent died testate.
Do you have to go through probate to get letters of administration?
Yes you certainly do. The probate court will issue the Letter when the estate is established. It is what banks and others will need to see in order to know that the executor has the legal right to do those things. Although as an executor, you would receive documentation called "Letters Testamentary" as opposed to "Letters of Administration", which is the name of the documentation a personal representative of a decedent's estate receives when there is no will.
Do you have to go through probate in Oregon if there is a will that appoints an executor?
Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.
How can one obtain power of attorney for a deceased person?
To obtain power of attorney for a deceased person, you would need to be appointed as the executor or personal representative of their estate through the probate court. This process involves submitting the necessary legal documents and following the specific procedures outlined by the court.
What is the Estate executor fee in Georgia?
Executor's fees (the fees which the personal representative may receive from the 'estate') are controlled by contract, agreement and expressed in the will or separate documents. Or the Georgia statutes spell out the pay schedule. (a) Personal representatives shall be compensated as specified in either the will or any written agreement entered into prior to the decedent's death or a written agreement signed by all the beneficiaries of a testate estate or all the heirs of an intestate estate. A written agreement between a testator and a personal representative shall be valid and binding upon the estate of the testator as fully and completely as if set forth in and made a part of the will. (b) If the personal representative's compensation is not specified in the will or any separate written agreement, the personal representative for services rendered shall be entitled to compensation equal to: (1) Two and one-half percent commission on all sums of money received by the personal representative on account of the estate, except on money loaned by and repaid to the personal representative, and 2 1/2 percent commission on all sums paid out by the personal representative, either for debts, legacies, or distributive shares; (2) Ten percent commission on the amount of interest made if, during the course of administration, the personal representative shall receive interest on money loaned by the personal representative in that capacity and shall include the same on the return to the probate court so as to become chargeable therewith as a part of the corpus of the estate; (3) Reasonable compensation, as determined in the discretion of the probate court and after such notice, if any, as the court shall direct, for the delivery over of property in kind, not exceeding 3 percent of the appraised value and, in cases where there has been no appraisal, not over 3 percent of the fair value as found by the judge, irrespective of whether delivery over in kind is made pursuant to proceedings for that purpose in the probate court and irrespective of whether the property, except money, is tangible or intangible, personal or real; and (4) In the discretion of the probate court, compensation for working land for the benefit of the parties in interest in no case exceeding 10 percent of the annual income of the property so managed. (c) Whenever any portion of the dividends, interest, or rents payable to a personal representative is required by law of the United States or other governmental unit to be withheld by the person paying the same for income tax purposes, the amount so withheld shall be deemed to have been collected by the personal representative. (d) Unless the will or written agreement specifies otherwise, where some or all of the estate passes through the hands of several personal representatives by reason of the death, removal, or resignation of the first qualified personal representative, or otherwise, the estate shall not be subject to diminution by charges of commission of each successive personal representative holding and receiving in the same right but rather commissions for receiving the estate shall be paid to the first personal representative who receives the property for the benefit of the estate or that person's representative, and commissions for paying out shall be paid to the personal representative who actually distributes the fund, and no commissions shall be paid for handing over the fund to a successor personal representative. If there is more than one personal representative serving simultaneously, the division of the compensation allowed them shall be according to the services rendered by each. (e) Unless the will or written agreement specifies otherwise, a personal representative is entitled to receive commissions on debts, legacies, and distributive shares paid to that personal representative in the same manner as commissions to which the personal representative would be entitled under the terms of the will or written agreement or applicable law on such items paid to others; provided, however, a personal representative shall not be entitled to any commissions for any sums paid to any personal representative of the estate as commissions or other compensation. (f) Personal representatives who fail to make annual returns as required by law shall forfeit all commissions for transactions during the year within which no return is made unless the probate court, upon cause shown, shall by special order entered on the minutes relieve them from the forfeiture. (g) A personal representative may renounce the right to all or any part of the compensation to which the personal representative is entitled under this Code section. Additional information: Usually 3- 5 % of the estate, although the amount is subject to considerable variation.
Your deceased father had power of attorney over your bank account so how do you find out what has happened regarding your bank account?
As I understad the question I am reading it as so. Your father had a power of attorney over your bank account. Your father died and you wish to find out what has happened regarding your bank account. First your father would no longer be your attorney in fact do to his death. If this was something that you did you can often revoke a Power of Attorney and then you would have full control over the account. If this was court ordered do to some sort of legal incapacity that made you unable to handle your financial affairs a new POA needs to be assigned and they can take over your account.
If mom left house to granddaughter in will do you still have to go through probate?
Probably. The existence of a valid will does not avoid the need for a probate proceeding. In fact, the will functions as instructions to the probate court as to (a) who will administer the estate (the executor or, in some states, personal representative), (b) who will receive property, and/or (c) who will have priority for appointment as guardian of the decedent's minor children (or, in some cases, adult incapacitated children or spouse).If the house in question was titled to the decedent alone at the time of death (that is, was not held in joint tenancy or by a trust or similar arrangement), then a probate proceeding will probably be required to determine the successor to the property. If the value of the property is not large, some states may permit a summary probate proceeding to convey title, but the proceeding is still a probate (albeit simpler).
Does the life estate prohibit the land from going through probate process?
No, the life estate does not prevent it from going through probate. The probate process lays out the deed as to who is the remainder man for the estate.
How do you sue an estate of a deceased person with no will?
To sue the estate of a deceased person with no will, you would typically need to file a claim in the probate court where the person lived. The court will appoint an executor or administrator to handle the estate and the lawsuit. It's advisable to consult with a probate attorney to guide you through the process.
Do retirement benefits need to go through probate?
No, retirement benefits typically do not go through probate. The beneficiaries have to be named on the benefits.
