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My uncle has died and his house is part of the estate under probate. can we rent it out when it is still under probate?
Wiki User
∙ 15y ago
Yes, the executor of the estate may do what they can to insure the value of the estate doesn't lose value. But the estate will need to file a tax return for the rental income.
Wiki User
∙ 15y ago
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My father passed away three months ago. The will has been executed and there is no estate. My uncle now claims they had a promissory note. Is this still valid since my father passed away?
If the Will has been executed in Probate court the Will stands but if there is a note proving your dad owed money to your uncle then he can legitmately claim this as a debt upon your dads estate. See probate help link below for more information. Your father's estate is responsible for paying his debts. If the estate was properly probated and there are debts and no assets then the estate is said to be insolvent. You should speak with a legal professional who can review the situation and confirm that the creditor is out of luck.
If you are listed as an heir to your uncle's estate in an unsigned Will can you still be an heir if there is no will and he has a daughter?
Very doubtful. The daughter is entitled to the estate if there is no will.
If the house was left by an uncle to the woman who was in it with him he has died when does it becomes hers?
The estate must be probated in order for title to the property to pass to the beneficiary. As soon as the will is allowed by the probate court title passes to the beneficiary. However, the estate must be probated and a notice published so creditors can file claims within the statutory period in your state. Once the probate proceeding is completed the beneficiary owns the property free and clear of any claims.
How would you get a copy of your Uncle's will who die in Champaign County Ohio?
Contact the probate court in Champaign County. If the estate has been opened, the will would have been filed and you should be able to get a copy of it. If you are a beneficiary, the estate is required to contact you.
My mother passed away She was one of her brother's heirs on his will Will her inhertiance go to her children?
Is your Uncle still living? If so, the wording of his will should specify what happens. If your mother died after your uncle, his gift will typically become part of her estate and be distributed according to her will. Your state's laws may vary slightly. Consult a probate attorney in your state to find out.
Your father died without a will and your uncle his brother has power of attorney are you entitled to everything he owns?
A power of attorney is extinguished by the death of the principal. In the absence of a will, estates pass according to the laws of intestacy in your jurisdiction. Your father's estate must be probated in order for the title to the real estate to pass to you legally. Title to real estate can only pass to the heirs through probate court. You should seek the services of an attorney who specializes in probate and commence a probate proceeding to be appointed the Administrator of your father's estate. You can check the laws of intestacy for your state at the link below.
In Colorado when a person dies with no will and the next living relative is a uncle what are the proceedings?
The estate will have to go through probate, which means the court will appoint an executor for the estate and the executor will carry out the wishes of the deceased to the best of his abilities. Abiding state and local laws and taxes
My great uncle passed away in Los Angeles 2002 didn't leave a will. His brother and sister did not want anything to do with his estate. They sign all they rights over to me and a cousin.?
I am an estate and probate attorney in California but I need more information to adequately answer your question. Please call me at (714) 754-6610. - Christian Heinrich
How do you use probate in a sentence?
This is a legal term having to do with the validity of a will. Here are some sentences.The will is in probate now.Probate court is in session.The probate judge told her to produce her uncle's will.
My uncle died without a will leaving a half sister. Who inherits his estate under English Law?
Your uncle's estate would pass to his siblings if he had no living spouse or children or parents and he died intestate (without a will). If he had any siblings who are already deceased, their children would take the share of their parent. If there are no other siblings involved beside your aunt and your parent it seems that you and your aunt would share the estate. However, you should check with an attorney who specializes in probate law. You can see a Chart of Intestate Succession in the UK at the related link.
If my uncle died 10 years ago with no will leaving a house with no mortgage and my aunt is in nursing home can I still live there after her death if the deed was only in uncle's name?
Bottom line, whether you can live there will depend upon who is the legal owner and whether they want you to leave. The house should have been part of the uncle's estate and an executor would have had the deed changed to the aunt's name, as she may be the sole heir to the home under the local laws of intestacy, but often only if there were no surviving children (they might get half). On the aunt's death, her estate would have the property and distribute it in accordance with the intestate laws in her state of residence. Chances are that you wouldn't get the property without a will, but it is certainly possible, particularly if there are no children or other closer living relatives (i.e., parents, siblings, grandparents, cousins, in the order prescribed by law). In many states the deed would not necessarily be changed until the house is conveyed by sale, as probate and divorce records are part of the title. Also, if it were a community property state, then different rules would apply.
What is a sentence with the word estate in the 4th position?
"Admission to the estate is by appointment only." "His late uncle's estate was worth several million dollars."
