Probate

Where a will is probated (called venue) with depend on your state's law.

In California, the proper venue for probate of a will is the county of the decedent's residence or any county where the decedent owned real property.

Sometimes, a will is probated in more than one state. This occurs where the decedent owned real property in more than one state, say California or Nevada. This is required because only a court located in the same state as the real property may make valid orders as to that property.

In this case, a primary probate is opened in one state. This is where most of the work of administration occurs and where the will is "admitted" (think validated) by the probate court.

A second probate, called the ancillary probate, is opened in .the other state. This ancillary probate only deals with the property of that state, either transferring it to the designated heirs or liquidating the property and transferring the proceeds to the administrator of the primary probate for final distribution.

Due to the full faith and credit act, one the will is admitted in the state of primary probate, it cannot be later attacked when used to open the ancillary probate.

Another situation is where the decedent died in one state, say California, but only ones real property in another state, say Oregon. Here, the will normally needs only to be probated in the state where the real property is located, possibly avoiding the need for ancillary probate. There is a bit of a decision on where to probate the will. Cost, time, the administrator's state of residence, and court rules and regulations all come into the decision and an attorney should be consulted.

You can see that this system can become complex and not cost effective for persons owning property in more than one state, which is why living trusts are used in these situations.

Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.

The executor is required to execute the terms of the Will. If the Will leaves the assets to the executor, then yes. If not, then no. Exception: executors are entitled to reasonable compensation unless the Will prohibits it.

As in most things this has no simple answer. The short answer is yes, the fact that an executor is also an attorney does not disqualify him. And of course it is quite common for children to be named as executors.

But being a lawyer does not necessarily make someone the best choice as Executor. Being the executor of an estate may be seen by many people as an "honor" but in reality it is a very large responsibility and can be a lot of work. Having the time and energy to do that work is an important qualification for an executor, along with honesty, fair-mindedness, knowledge of the assets of the estate, and a willingness to be bound by the wishes of the person who wrote the will. Does the son get along with the other heirs to the estate? If he doesn't you could be setting him up for all sorts of conflict with those other individuals. A more congenial person may be a better choice. In addition, although the lawyer executor may know about probate and estate work, an executor who is not legally trained can easily get professional advice on these issues.

It will depend on the will and/or the laws of the state. In most cases it must be 'reasonable' given the work being done. Some courts have said that 3% is reasonable, but cautioned that it needs to be determined on a case by case basis.

No. A joint account has the benefit of survivorship. That means if one owner dies the account becomes the sole property of the survivor bypassing probate.

Yes. Most, if not all, states allow an executor to waive their fee. This is common where the executor is also an estate beneficiary, as the fee is taxed as income to the executor.

Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.

Sure, why not? However, because the executor of an estate is charged with the gathering of assets and liabilities, and discharge of debts, and the final distribution of the assets after debts, and a final accounting before being turned loose by the Probate Court, it is very important to be scrupulous with the distribution of the bequest to himself.

No. Had the person who wrote the will wanted them to benefit they would have been mentioned. However, if the intention is to share the estate, check with the executor whether such distribution would negate the bequest.

Marriage would make you the closest next of kin to your spouse.

In the United States next-of-kin as set forth in laws of intestacy defines the relatives who would inherit the property of a deceased person. Most states recognize the spouse and the nearest blood relatives (children-parents-siblings) as next-of-kin. However, there are different settings where next of kin may come into play. A surviving spouse would be considered the next of kin for choosing and paying for funeral arrangements. See related question.

You only need to call the office, let him/her know your mother has died and request an original copy of her will. At the same time you could inquire about having that attorney represent the estate.

Yes. If the executor has refused to make distribution then you should complain to the attorney who is handling the estate and to the probate court immediately. They can be compelled by the court to act or they can be replaced.

If the beneficiaries of an estate want to remove the executor, they will first need a very good reason for doing so. In most jurisdictions, it will require a court action. It is best to retain a lawyer to do this.

Yes, once they have been appointed by the probate court and Letters Testamentary have been issued. Take your Letters Testamentary to the bank with you. That document gives you the legal right to access the decedent's assets including bank accounts.

Depending upon the law of the state in which the Notary has their 'powers' they MAY be able to ATTEST to the validity of the copy of a Last Will and Testament, PROVIDED that they have the original with which to compare it against. If the original will and the will copy run to more than one page, I believe they would have to affix their seal and signature on each page of the copy to ensure that altered copy pages were not inserted or added "after the fact."

A last will and testament will do; failing that, depending on the state, you must go through porbate and show cause; ie., a marriage certificate.

Lesson: you should have established a trust; see an estate planner and you will not have those problems.

Julia Child was a very privileged child. Her father was a real estate tycoon in California. Her mother was a descendant of a Lieutenant Governor of Massachusetts and an heiress to a paper company.

There is no specific time frame in Georgia. The executor has to insure the estate is inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.

The right to contest a will is statutory and the statutory period varies from state to state. If you do not exercise your right to contest the will during the statutory period your right is lost.

Statutes often provide rights to blood descendents who are not mentioned (pretermitted) in the will, but it is certainly possible to specifically exclude them by making sure the entire estate is distributed to others, often including a clause or two that makes it impossible to challenge (e.g., "to my selfish putz of a son, Aaron, I leave one broken shoelace as a token of my frustration and as a symbol to try to pull himself together.")

If they caught they usually get a ticket and it will have the court date on for when you will have to go to court. When you do they'll just tell you your community service and where you'll be working,how many hours etc. It's really nothing to worry about, I got an easy service because that was the first time so i don't know if it will be different for you. Also we live in tx so.. rules might differ.

P.s Judge said if i got caught again I'd lose my license till i am 18 so be careful unless you don't want to be able to drive ;)

Hope this helps.

As soon as a petition is filed to commence a probate of an estate, with or without a Will, the case becomes a public record and anyone can visit the court to review the file. Generally, copies of documents can be obtained in person or by mail.

Normally in the United States, all court records, including probate records, are public unless the parties specifically ask the court that they be kept confidential. The Judge in a case may also order that all of part of the record of a case be sealed or made confidential and not opened without a subsequent court order.