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Items removed from an estate before it has been settled can complicate the probate process. Generally, these items may still be considered part of the estate's assets, and their removal can lead to disputes among heirs or beneficiaries. If the items were taken without the consent of the executor or the court, the individual who removed them may be required to return them or compensate the estate for their value. It’s advisable for all parties involved to seek legal guidance to navigate these situations properly.
What else can I help you with?
Transfer real estate property by will?
The transfer is done by the executor of the estate once the estate is settled. The will indicates who gets the rights in the property, but they are still subject to mortgage and liens and other items.
How do you get a estate transferrd into your name with no will?
First of all you have to create an estate to transfer. That is done by filing the necessary document with the probate court. Once the estate is inventoried, the debts settled, then any remaining assets can be distributed.
What happens to the remaining assets in a closed estate?
If any undistributed assets remain in the estate then the estate must be reopened and an estate representative must be appointed by the court.
What happens if a name is misspelled on a real estate sale agreement?
Happens all the time, but legally is could make the contract null and void. That depends if one party wishes to challenge it. The mistake will usually be picked up by the title company or conveying attorney before closure. Any challenge to it would probably have to be settled in a court of law and if the agreement could be proven to be legitimate in all other aspects then that challenge would likely be unsuccessful.
When real estate under an estate for years is sold what happens to the lease?
lease is subject to termination with proper notice
Is an estate administrator paid after the estate is settled or can they collect before it is settled?
They can collect before it is settled
What happens is a beneficiary die's but there are other beneificiaries before an estate is settled?
The beneficiary's share goes into their own estate.
What happens when one of a group of beneficiary dies before the property is settled?
Their share goes into their estate.
What happens when one of the beneficiaries of a will dies before an estate is settled?
It will be dependent on how the first will was written, but in most cases, their share of the estate simply becomes a part of their estate.
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.
Can you get some money before the estate is settled?
nah
What happens if the beneficiary of a california living trust dies before the estate is settled?
There is a disconnect here. A living trust is not related to an estate. The wording of the trust and perhaps the will associated with the individual will determine what the expectations are.
Why must an estate go through the probate process before it is settled?
An estate must go through the probate process before being settled to ensure that all relevant taxes and fees due are paid. Once this has happened the estate can be settled and distributed as stipulated in a will.
What happens if a deceased person did not have a will and the person who is next of kin dies before the estate is settled?
Generally, the probate of the first estate would need to be completed. If the next of kin who died is the only heir and was living when the first person died then that person's estate would need to be probated.
What happens if sole beneficiary dies before estate is settled?
If the beneficiary died after the testator you must review the will to make certain there is no set time period the beneficiary must survive the testator. If there is no such provision then the gift becomes part of the beneficiary's estate.
What happens if all beneficiaries are dead before a will is settled?
If all beneficiaries named in a will are deceased before it is settled, the estate typically follows the laws of intestacy, which dictate how assets are distributed in the absence of a valid will. The estate may pass to the deceased beneficiaries' heirs or next of kin, as specified by state law. If there are no surviving relatives, the estate could ultimately escheat to the state. It's advisable to consult an attorney to navigate these complexities and ensure proper distribution.
Did your father have a will?
If your father had a will before his death, it will makes easier in dealing with his estate. If there is no will, it could take years before things finally get settled.
