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If my father died 12 years ago and had no will and I was named the executor the estate was settled then how long can someone contest?
If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.
If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.
If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.
If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.
If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.
If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.
If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.
If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.
If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.
If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.
If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.
If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.
What else can I help you with?
What happens when an executrix of an estate dies before the estate is settled?
Someone else will be appointed the executor. The probate court will appoint someone, usually a bank or attorney, if no one 'volunteers' to do the work.
Who pays for mortgage until estate is settled?
The executor of the will would be responsible
Can a town sue an executor of an estate for back taxes if the estate already settled if so how long do they have to make a claim?
Yes, they can sue the executor. They breached their duty if they did not resolve the taxes before closing the estate.
What if you have no will and you want to appoint someone executive of estate?
Write a will! That is the way to appoint someone executor of the estate.
If a car belonging to an estate not yet settled is given to a non family menber how do you get it back?
If an executor acted in bad faith then you can take the executor to court to force them to repay the value of the car to the estate.
What can I do if the executor won't settle my mothers estate in California?
You can go to the judge or a lawyer and ask to be co executor or to require that the estate be settled. Wills and trusts can be broken, you just have to consult the right person.
If you are the executor of someone's estate how do you sell their car?
If you are the executor of someone's estate, it is fairly simple to sell their car. You have to wait until the estate is settled and that you have proof that you have the authority to act on behalf of the estate and copies of the death certificate. In most states, you would then simply sign the back of the car title with your name followed by the words executor of the estate of (name of the deceased). If the car has a lien holder however, the amount of the loan must be paid first, either by yourself or the person purchasing the car in order to get a clear title.
How can someone become the executor of an estate when there is no will?
When there is no will, someone can become the executor of an estate by petitioning the court to be appointed as the administrator. The court will typically appoint a close family member or other interested party to handle the estate's affairs.
Deceased partner living in house rent free deceased children own house do we still have landlord rights?
What did the will say? Is there a will? The executor is responsible for maintaining and disposing of the estate. The executor can, if it makes sense, rent the home to someone. Once the estate is settled, whomever gets the property has the ability to do what they wish.
Does wv law require an executor to secure real property until probate occures and the estate is settled?
That is the responsibility of the executor. They have to make sure that the assets are preserved.
Can one be an executor of probate but not the estate?
There is no executor of probate. The executor of the estate executes the will and probates the estate.
How can someone become appointed as the executor of an estate?
To become appointed as the executor of an estate, a person typically needs to be named as such in the deceased person's will. The court will then review the will and officially appoint the executor. The executor is responsible for managing the deceased person's assets, debts, and distributing the estate according to the will.
