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Not filing a will doesn't make the will invalid. Rather, it leaves the assets of the decedent in legal limbo. Until the will is filed and an executor is appointed by the court a two part problem exists:
The will has not been proved to be the last will and testament of the decedent.
No one has the legal authority to distribute the assets of the decedent.
What else can I help you with?
How soon does a lawsuit have to be filed for it to be valid?
Lawsuit has to be filed within 2 years from the date of the accident/ incident.
Is a unregistered Ohio marriage license valid in the Canada?
No, the license has to be filed to be valid. And it cannot be used in Canada.
Will a real estate contract be vaild if the owner dies before closing in Georgia?
The contract will be valid. Generally, the death of the seller will delay the closing until a probate procedure is filed and the court allows the sale of the real estate by the estate representative.The contract will be valid. Generally, the death of the seller will delay the closing until a probate procedure is filed and the court allows the sale of the real estate by the estate representative.The contract will be valid. Generally, the death of the seller will delay the closing until a probate procedure is filed and the court allows the sale of the real estate by the estate representative.The contract will be valid. Generally, the death of the seller will delay the closing until a probate procedure is filed and the court allows the sale of the real estate by the estate representative.
If the signatories to a contract change is the original contract still valid?
The contract technically isn't valid if the name has changed. You should resign a contract if you would like to continue the business relationship.
Can a person put a lien on an estate?
When a probate is filed there is a statutory period during which notice of the probate is published and creditors can file a claim for any debt owed by the decedent. You must file proof of your claim and it must be filed in a timely manner. You can contact the court to see if your claim can be filed.
If you had a lien placed on your house 2 months before you filed bankruptcy and you filed bankruptcy on that creditor is the lien still valid?
All liens survive bankruptcy. You can get rid of the lien by "avoiding" it. Look up "Avoiding Liens" in google or findlaw.com for more info.
What if statute of limitations is up when judgment was obtained?
The judgement can occur years after the limitation is reached. As long as the law suit was filed prior to them expiring, the judgement is valid.
What happens when the statute of limitations on a debt expires while the creditor is in the process of obtaining a judgment?
If the lawsuit was filed before the expiration of the state's SOL then the suit is valid and a judgment award would be valid and could be executed against the debtor according to the laws of the debtor's state.
Lien on property in which the debtor filed a Chapter 7 and listed the debt incorrect The lien is still valid but the title co and the lender refuse to acknowledge it How can you collect the money owed?
No.
Is your marriage recognized if you got married in Africa but your license has not been filed in the us?
Yes, it is still valid and will be recognized. You should make sure you have a copy of the documents and a certified translation.
Is it a lawful arrest when a person is arrested booked and released with no charges filed case is a DA reject?
Whether or not the DA chooses to prosecute does not impact whether or not the arrest was valid. If the officer had probable cause, the arrest was likely valid. You should address your question with a local attorney for the best possible answer.
In what state must probate be filed?
State laws vary so you need to check the laws of the state where the decedent owned property. Generally, some type of probate filing is required wherever the decedent owned property that must pass according to the will or according to the state laws of intestacy.For example, suppose a decedent moved from Massachusetts to Florida and after moving to Florida executed a will that met the requirements of a valid will in Florida. The following is general information only.If the testator owned property in Florida, the will must be probated in Florida.If the decedent also owned property in Massachusetts, exemplified copies of the Florida probate must be filed in Massachusetts in order for title to pass to the beneficiaries. If the executor wants to sell the Massachusetts real property that power must be granted in the will or a license to sell must be obtained from the probate court.If there is no property in Florida, the valid Florida will can be filed for probate in Massachusetts with a petition for allowance of a foreign will and appointment of the executor. As long as the will meets the requirements for a valid will in the state where it was executed Massachusetts will allow it even if it doesn't meet the requirements for a valid will in Massachusetts.The same procedures would apply if the decedent died intestate. Exemplified copies of a valid administration must be filed in the state where the decedent owned property in order for title to pass to the heirs. If the property must be sold the administrator must obtain a license to sell from the Massachusetts court of jurisdiction. If no probate was filed in Florida then an original administration would need to be filed in Massachusetts.As with all probate matters you should consult with an attorney who specializes in probate who can review your situation and determine what you need to do.
