0
Under the intestacy rules,you will have to provide evidence of all the deceased's debts and if you are challenging a creditor-then you will have to prove otherwise-as to why they should not be paid,i.e.. a flaw in the loan agreement-if the main asset happens to be the main matrimonial home-and this is on joint names-then the spouse can contest the matter on the grounds of "not being aware" of any debts incured by the deceased...however...DON'T BUILD YOUR HOPES UP TOO HIGH-SINCE MOST COURTS ALWAYS RULE IN FAVOUR OF CREDITORS.[Joint and severe liability]
You may find that you end up paying more in costly legal fees,then the actual amount demanded by creditors.[Syed Amir]
What else can I help you with?
If the mortgage on a house is paid do you still have to take it through probate?
That depends on several factors, the main one being the state probate laws, if there was a valid will, how the property is titled, and if the deceased had any outstanding debts.
What does a probate lawyer do first when handling an estate?
A probate lawyer typically starts by reviewing the deceased person's will, if there is one, to determine who the beneficiaries are and what assets are involved. They also identify and notify potential heirs, gather documentation of the deceased person's assets and debts, and submit the will for probate if necessary.
Do you need alawyer to file probate of a deceased person in Iowa?
If there are any assets or debts, probate is the thing to do.
Does the surviving spouse have to pay husbands bill no will?
In most cases the debts of the deceased, including hospital bills, are the responsibility of the estate. Clearing the debts is one of the reasons to establish and estate, even without a will. Consult a probate attorney in your jurisdiction for help.
How to open an estate and begin the probate process?
To open an estate and start the probate process, you typically need to file a petition with the probate court, submit the deceased person's will (if there is one), notify heirs and creditors, inventory assets, pay debts and taxes, and distribute remaining assets to beneficiaries according to the will or state law.
If a homeowner dies and leaves no will and only one of the four children maintain the mortgage and the maintenance how does that person take ownership or is it up to a judge or probate court?
When a person dies intestate the distribution of assets and the payment of debts come under the jurisdiction of the state probate court. Probate laws differ in what property of the estate is exempt from seizure to pay debts. The best option would be for the involved parties to consult an attorney who is knowledgeable in the probate laws of the state where the deceased resided.
Father is deceased mother is beneficiary of estate how do you change title to her name?
That is one of the purposes of the probate process. The debts are taken care of first of all. Then the executor will have the ability to have a new will drawn up and the estate distributed.
How can one obtain a copy of a will from a person deceased in Pike Co AR in 1999?
You should contact the Pike County Probate Court to see if a probate was filed for the deceased. If a probate was filed then you can obtain a copy of the will. The contact information is at the link provided below.
Are bank debts written off after death?
In most cases the debts of the deceased are the responsibility of the estate. They have to be paid off before any one else gets money. Anyone that was also a co-signer on any of the agreements might also be responsible. Consult a probate attorney in your jurisdiction for help.
How can one create an estate for a deceased person?
To create an estate for a deceased person, one must follow the legal process of probate. This involves submitting the deceased person's will to the court, identifying and valuing their assets, paying off debts and taxes, and distributing the remaining assets to the beneficiaries as outlined in the will. It is important to consult with an attorney or estate planner to ensure all legal requirements are met.
Should a deceased belongings be distributed before going through probate?
No. No one has the right to distribute a decedent's property until they have been appointed by a court. A person's debts must be paid before any property is distributed to the heirs.
How do I go about opening an estate for a deceased person?
To open an estate for a deceased person, you typically need to file a petition with the probate court in the county where the person lived. This involves submitting the person's will, if they had one, and providing information about their assets and debts. The court will then appoint an executor or personal representative to manage the estate and distribute assets to beneficiaries. It's important to follow the specific probate laws and procedures in your state.
