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How do lawyers determine the fee they charge for reading and probating a will?
Probate laws and procedures vary widely State by State, however in CA and many other States, probate statutes, in most all circumstances, predetermine the fee a probate attorney will receive if an estate goes through the probate court.In addition, a Probate Judge, may reduce the standard percentages an attorney may receive.In CA, the more the estate is worth, the lower the percentage gets.As far as "reading" a will, I'm not sure what you mean. It's not like the movies. You might have the attorney explain legalese things you don't understand in the will, especially if he/she was involved in writing it, but I certainly wouldn't pay them to read it.
What does it mean to probate a will?
Probating a will means that the will must be presented to the probate court for allowance. The court will examine the will to determine its validity under state laws. When the will is allowed the court will appoint the named executor who is usually the person who submitted the will for probate. If no executor was named in a will the court will appoint the person who requested the appointment as long as there no are objections. An executor named in a will has no power or authority until they have been appointed by the court.The court will issue Letters Testamentary to the executor and the letters provide the authority to settle the estate. The executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. The debts of the decedent must be paid before any property can be distributed to the heirs.
What does disposed non-srs mean in a probate case?
In a probate case, "disposed non-SRS" refers to matters that have been resolved or closed without being classified as special administration cases (SRS stands for Special Administration Relief). This designation indicates that the probate proceedings for these cases have been finalized, and the assets or issues involved have been settled. Essentially, it means the probate court has completed its review and administration of the estate without requiring any special handling or oversight.
What does it mean to expend funds when talking about a probate case?
Probate is the legal process by which a person's final debts are settled and legal title to property is formally passed from the deceased to his or her beneficiaries and heirs. There are many arguments for and against probate and its value in an estate plan.
Who succeeds the president Explain the entire process What laws and amendments are involved in this?
Depending on what you mean, there are several answers. Could you restate the question saying what you mean by succession? Do you mean if he dies in office or the election process after his term is up?
What happens when you make a will and in your probate you leave your house to your 4 children but later you change your will to one child having your house but didn't change your probate who gets it?
I'm not sure what you mean by your probate? Your will is the legal document. Probate does not exist until after your death and the court issues the letters of authority.
Can cd's be cashed in that belong to a dead person before the will is probated by the executor?
Most states require filing of probate as a first step in appointment of the executor, which then gives the executor the power to collect and appraise the property of the estate and liquidate the portfolio for distribution.It depends on what you mean by "probated." Probate includes the entire process, which can last for years, until all assets are distributed. "Before the will is probated" could be taken to mean "before probate is filed", or "before everything required under probate is completed."So, technically yes, if the latter, because an executor has the power to do that DURING the probate of an estate. However, if the probate has not yet been filed, nobody has the power, as it died with the owner. Many elderly have ownership of such things placed into joint tenancy with right of survivorship, so that another person can immediately access the funds without probate.
Do you have to use an attorney to probate an estate?
The short answer is "no." In most (if not all) US states, a lawyer is not required to draft a will. The rest of this is my opinion: If the will is not a complicated one, doing it yourself is not very hard. If the difficulty is higher, you may wish to still do it yourself, but it will take some time. If the will is complicated, find a competent estate planner and estate lawyer. If you don't know all of your state's verbiage that needs to be included in the will that you want to draft, get a lawyer. If you are willing to take the time to learn the verbiage that must be included, there are resources to help. If you don't know how you would like to make it work, or do not know the best way to protect the most stuff, find a competent estate planner. Once again, if you are willing to take the time to learn how to do it, there are resources to help. I would recommend to not go to a lawyer to learn how to structure the will, nor would I go to an estate planner to get the will's verbiage. It is the lawyer's job to make sure the will holds up in court, should it be challenged. It is the estate planner's job to make sure the money and assets go where you want them to. It is both the lawyer's and the estate planner's job to make their employer money. In some instances, they can save you money and heartache.
In probate what does the intestacy statute mean?
It is the law for the jurisdiction that specifies how an estate is divided if there is no will.
What does pod mean regarding estates?
Pod regarding estates means that the estate is only payable on death. This is a free will that allows you to choose who will become your heir and can only be implemented once you die and helps to avoid the probate process.
What does Admin granted claim mean?
If this is involved in a probate case, it normally means that the administrator of the estate of the deceased has taken action to pay off an outstanding claim that was taken out by a creditor. It's a receipt of sorts, that provides proof that the creditor has been paid.
How soon after death will money be available?
If you mean life insurance - maybe 30 days. Probate?
