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Probate
Probate is the process and the type of court that handles the evaluation of an estate. This includes the inventory and the subsequent liquidation through settling debts and the transfer of property.
2,421 Questions
Can a new will invalidate an previous will?
Yes, a current will does so. That is why most start with the declaration that this to be my last will and testimony. All previous wills are revoked or cancelled.
What is the residue of an estate?
The residue may contain property from several sources. Any property that was not specifically devised in the body of the will becomes part of the residue. Also included is any property the testator didn't know she owned and any assets acquired after death such as a settlement in a wrongful death or malpractice action. Any bequests that lapse because the beneficiary predeceased the testator may become part of the residue unless other instructions were provided in the will.
Can illegitimate minor inherit in Ga?
Yes. If the father died intestate, without a will, and the relationship can be proven the child is entitled to inherit under the state laws of intestacy. However, the child must make a timely claim through the court if their existence is unknown to the administrator of the estate. You should consult with an attorney who can review your situation and explain your rights. You can read the law at the related link.
If both executors of an estate renounce can any beneficiary be executor?
Generally, yes.
Each state will have its own laws governing this issue and even though most states have the same system, one must look to the laws of the state of probate for the exact answer.
The residuary beneficiaries have the right to administer the estate if the named executors decline. They all have an equal right to this, so usually they must all agree to either serve together (a surefire recipe for problems) or agree on one or some of them to serve. Unless there is an agreement, the dispute over who will serve will go into court to be resolved. The court will appoint an executor.
The general idea is that the right to administer the estate goes to the persons who have an interest in the estate or to someone of their choosing.
Do you legally have to notify the executors of a death?
The only reasons not to notify a named executor of the death of the testator are ALL negative. Either you want to use, and possibly convert, the decedent's property; plunder the bank accounts; prevent the distribution of the estate according to the terms of the will; etc. Those actions are against the law. Since you know who the named executor is you are withholding the will and preventing the settling of the estate. That is against the law
The executor should be notified so the will can be admitted to probate and the estate settled according to the terms of the will and the state laws under the supervision of the probate court. If there is real estate the title to the property cannot pass to the heirs unless the estate is probated.
Do wills in UK go into probate court?
Not necessarily, it depends on the deceased persons assets. Did they have individually owned assets? If everything is jointly owned or under £5k there is not normally a requirement to send a will to probate.
Has New Jersey accepted the uniform probate code?
New York has not adopted the Uniform Probate Code; however it is possible that it has adopted some portions of it separately as opposed to adopting it in full. Even states like New Jersey, which have adopted the UPC, have made changes to various provisions. No state has to adopt the UPC in its entire format. The UPC is intended to be a guide.
Is a will valid without an executor of the estate being appointed?
There is no requirement that an executor be named in the will for the will to be valid. The court will appoint one.
Is an executor entitled to receive any bank statements receipts prior to the date of death?
An executor of a person's will is not entitled to receive any bank statements or receipts prior to the death of the person having the will. Only one exemption to this rule exists on many state law books, and that is if the executor has power of attorney for the person who made the will.
How do you get an unwanted family member out of your house?
If you are the owner and the other person is not then you should should consult with an attorney who can assist you in serving a notice to move. You need to give the person time to move as provided by state law. You need proof that they were served with notice to move. If they refuse you will need to file a complaint in civil court to have the person evicted by the sheriff.
According to Black's Law Dictionary an heir is a person who is entitled to inherit under the laws of intestacy. However, heir is also generally used to describe any person who inherits either by will or intestate succession.
Can an executor of an estate be removed as executor?
No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.
Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.
No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.
Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.
No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.
Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.
No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.
Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.
Can you do the probate on your father's will?
# If no executor was named in the will, then a person may petition the court to be appointed as such. Contact the clerk of the probate court in the city or county where the deceased lived and/or owned property. Answer 2: If no executor was named in the will, then the will is technically not a will. If the executor pre-deceased the testator then the main beneficiary of the will can prove the will. And yes this could be a son or any relative of the deceased.
Where can a person go to get information on probate law?
Every court has its own forms. You can obtain copies by visiting the court or by visiting the court's official website if there is one. Some court websites have downloadable forms. You can find the court's website by performing a search using the county, state + probate court.
Every court has its own forms. You can obtain copies by visiting the court or by visiting the court's official website if there is one. Some court websites have downloadable forms. You can find the court's website by performing a search using the county, state + probate court.
Every court has its own forms. You can obtain copies by visiting the court or by visiting the court's official website if there is one. Some court websites have downloadable forms. You can find the court's website by performing a search using the county, state + probate court.
Every court has its own forms. You can obtain copies by visiting the court or by visiting the court's official website if there is one. Some court websites have downloadable forms. You can find the court's website by performing a search using the county, state + probate court.
May an executor renounce their role as executor?
Yes, accepting the role is 100% voluntary.
United States
Yes. The named executor can file a declination and the court will appoint another person as executor. Once appointed an executor can file a resignation if they cannot continue as executor.
My mother died leaving no will therefore can someone be named the executor?
The will should have named an alternate. If it didn't, find some one who willing to do it. The estate lawyer must notify the court of the executor's death and petition for the appointment of a successor.
Does a trust override a previous Will?
Yes. If the property was transferred to a trust during the life of the testator it cannot be part of their estate after their death. Therefore, even if that property is mentioned in the Will, it is already gone from the estate and is now part of the trust property.
How do you remove an executor or trustee of estate will?
You can do this by drafting a Codicil and attaching it to your Will. A Codicil is drafted in the same form as a Will. Simply make a change to the section regarding beneficiaries. It should state clearly which article (or gift) of the Will is being removed from the Will. You must sign, have it notarized and attach it to you existing will. Depending on how long ago you made your initial will, you might want to review and perhaps draft a new one which will include the statement that any previous wills are null and void.
What happens if you spend money that is in probate?
You had better be able to reimburse the estate so that it can be awarded according to the provisions of the will, or face contempt of court or in some states, be liable to the charge of "Wasting the Estate."
What is the penalty for not filing a will in probate court?
Each state has sanctions for any individual who is in possession of a decedent's will and withholds it from probate. Each state has a mandatory period during which the will must be turned over to the probate court or to the executor. If the estate must be probated as intestate, or without a will, the person who withheld the will will be held personally responsible for any damages suffered by any other devisee. It is against the law to withhold or destroy another person's will.
An example of the law in Massachusetts:
Chapter 190B: Section 2-516. Duty of custodian of will; liability
[ Text of section added by 2008, 521, Sec. 9 effective July 1, 2011. See 2008, 521, Sec. 44.]
Section 2-516. Section 2-516. [Duty of Custodian of Will; Liability.]
After the death of a testator a person having custody of a will of the testator shall deliver it within thirty days after notice of the death to a person able to secure its probate and if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
The opposite of heir is heiress. Heir is the male beneficiary while a heiress refers to a female who is to inherit wealth.
Can an executor of a will liquidate stocks before the will is probated?
No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.
No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.
No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.
No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.
No, a living trust does not get "probated" the way a will is probated. Wills are probated, meaning proved, because the person who did the will is deceased and the witness to the will have to swear that that person did sign the will properly in their presence. The living trust is like a deed to a house. It is effective simply by its terms the the person who created it has set it up. While traditional probate is not required, some states provide that the trust should be filed with the probate court in order to have identifying documentation issued to the trustees.
I am not a will expert, but in my understanding, in most countries when you make a will this will remain in force until your death unless you make a later will (which will invalidate all earlier wills) or unless you marry (the act of marriage invalidates all wills made prior to the marriage).
