0
What else can I help you with?
Can the probate court require bank records of an attorney in fact that made himself surviving owner of a joint account thereby reducing the estate going into probate?
Yes. If the court suspects that the attorney in fact is unlawfully avoiding taxes, draining the estate, hiding assets, etc., it can and will force the release of records.
Can a heir force an executor who is living probate house to take action on sale or to make payment of value of home to the heirs according to will while estate is in probate?
If the executor is acting in bad faith, certainly an heir could sue him for that.
How do you force out executrix of will?
If there are grounds to remove an executrix of a will, you typically need to petition the probate court. Common reasons for removal include misconduct, conflict of interest, or incompetence. It's recommended to consult with a probate attorney to guide you through this legal process.
Can you force a executor of a will to sell house when he is being unfair?
Possibly if the "unfairness" violates the executor's duties -- you'd have to petition a probate court and if the will hasn't been probated you might have to have the estate opened. There are different procedures in different states.
What if you don't want to be a co executor?
Yes. No one can force you to be executor, even if they name you as executor in their will. In the event the person named as executor declines, the probate court can appoint a new executor instead.
Can a court force an illegal alien who doesn't have working papers to pay child support?
Exactly how could that be done?
Can someone force the sale of a house left in a Will?
Yes, if one heir wants to sell and the other doesn't, the other must buy out the first heir or that heir can file a petition to sell the property in the probate court. See related question link.
How much time can an executor wait to probate a will?
This depends on the state in which the decedent died, so those laws must be checked. Generally, an executor is under a duty to offer te will for probate and begin things as reasonably can be done. However; there is no set time within which it must be done. In other words there is no statute of limitations for probating a will. A beneficiary can force a tardy executor by getting a court order directing him/her to offer the will for probate or at least lodge the will with the court for someone else to offer it for probate. In this sense, in most cases the length of time a delay can be made is up to how long the beneficiaries allow it to go on.
What is the legal recourse if the executor of a will does not fulfill their duties?
Go to the probate court and ask them to appoint a new executor. In this case they will probably request a full accounting from the existing executor. If it is not complete, they are likely to appoint a third party (an attorney or bank) to serve as the executor. This will cost the estate more money, but it is going to be done correctly.
Brother died intestate, I'm only heir (sister). Mortuary and church burial total $$$ is $11,000. Estate funds limited - could not pay these. Mortuary wants to get judgement then force sale of condo. Can I file BK while still in Probate for these In Calif.?
No you need probate to settle before filing bankrupsty you also have to get credit counsiling.
Can a court force you to give a DNA smaple to determine paternity of your child?
This could be construed as contempt of court, altho they probably won't put you in jail. What's more likely is that the court will enter a default order finding you to be the father of the child.
What recourse do the beneficiaries have if the executor does not distribute the funds?
The answer depends on the laws of the state where the probate took place; however, every state has laws for beneficiaries to force distributions after giving executors some reasonable time administer the estate. After all, before executors can distribute to beneficiaries, all funeral, administration expenses, estate and inheritance taxes (if any) and legitimate debts of the decedent are paid in full. This takes time. As an example of remedies available to beneficiaries in this situation, New Jersey law provides that if a beneficiary is given a specific dollar amount in the will, that amount has to be paid within one year of probate or it will carry an additional 4% interest for the beneficiary. Also, if the beneficiary chooses, he/she can bring an action in probate court on an order to show cause to force the payment. If the beneficiary is entitled to all or a percentage of the net estate available for distribution, the beneficiary can file an action in probate court on an order to show cause to compel the executor to file an accounting and compel distribution. If you have to go to court this way, you probably can do it yourself, however it is better to get a lawyer, who may be able to force payment with a well worded letter, rather than going to court. If the money is given to a trust for your benefit until you reach a certain age and you have not yet attained that age, then the executor will not and cannot distribute anything to you individually. It must go to the trust. If you are a minor, the executor will not and most likely cannot distribute the inheritance to you directly since you are not an adult. The executor will have to distribute the inheritance to a duly appointed guardian, unless that state's laws permit some other distribution. In New Jersey, an executor cannot distribute monies in excess of $5000 even to a parent unless that parent becomes a legally appointed guardian in the probate court where the minor resides, not where the probate took place.
