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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
Do executor's fees have to be approved by court?
Yes they do have to be approved. In most states there are standard fees and charges established. If the charges are within the guidelines, the court will normally approve without challenge.
How old do you have to be to make a will?
Generally you must have reached the age of majority in your jurisdiction. In most states that would be eighteen years old.
Generally you must have reached the age of majority in your jurisdiction. In most states that would be eighteen years old.
Generally you must have reached the age of majority in your jurisdiction. In most states that would be eighteen years old.
Generally you must have reached the age of majority in your jurisdiction. In most states that would be eighteen years old.
Is ny considered recognized as a common law state?
"Currently, only 9 states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, and Texas) and the District of Columbia recognize common-law marriages contracted within their borders. In addition, five states have "grandfathered" common law marriage (Georgia, Idaho, Ohio, Oklahoma and Pennsylvania) allowing those established before a certain date to be recognized. New Hampshire recognizes common law marriage only for purposes of probate, and Utah recognizes common law marriages only if they have been validated by a court or administrative order."
How do you relinquish rights as an executor?
If I own an equal amt.of property as the executor of the estate and he is taking things what are my rights? He will not allow me into the house without him, but he is going in and removing items when I am not there?
How do you avoid probate in my will?
You can't avoid probate by having a Will. You can avoid probate by not owning any property at the time of your death. That takes planning such as listing beneficiaries on all your accounts and insurance policies, and transferring your property to an irrevocable trust while you are living. If you want to avoid probate then you should make an appointment with an attorney who specializes in estate planning who can review your situation and explain your options.
How do you become a legal guardian for your child to sell property in Ohio?
You already are the legal guardian of your children. Until they reach the age of majority, you are responsible for their property. You may need a probate court approval to sell something that is in trust for them.
Does community property end at death?
No. Community property doesn't "end at death". Community property laws affect the distribution of a married decedent's estate after their death. In a community property state your surviving spouse is entitled to one-half of any property you acquired during your marriage. Each party owns a one-half interest in any property acquired during the marriage by either party no matter whose name is on the title. A married decedent can give away one half of their property to anyone they wish by their will but their spouse will receive the other half by law after their death according to the laws of community property.
Once the estate has been probated the property inherited by the surviving spouse becomes their sole property.
The following are community property states:
- Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, Wisconsin, and Alaska (although in Alaska, there must be a written agreement between the spouses). All of the remaining states follow common law.
My brother is executor and I don't think he is being fair what can i do?
he is executing the will according to its contents, this has nothing to do with being fair, he is only doing what the will tells him to do. I you have a problem with the will then you must contest it through an attorney, who will advise you what to do.
There are two wills one before you wed and one after. Which will controls?
Several factors may apply to your situation. However, perhaps the following information will provide an answer.
The second will should have language in it that revoked any other will that was ever made by the testator. That is boiler plate last will and testament language. Even if it did not, a person cannot have two different fully executed wills. The one with the most recent date will usually control and is the one the court will allow. However, by not revoking the first will there could be a challenge made in court when the second will is presented for allowance and there will be unnecessary legal costs. In some states a marriage that occurs after a will is made will automatically revoke that will.
probate involves a will while LA does not
Parents willed estate to surviving children does this exclude deceased children?
If the exact wording is "to my surving children", then all other children who predeceased the testator or out.
It depends upon many factors, such as if the deceased died intestate (or without a will), or if the deceased had a trust. It is best to consult an attorney for this matter.
How does someone transfer their job as co-executor to another person?
An executor has no authority until they have been appointed by the probate court. The executor must file a resignation with the court that appointed them and the court will appoint a successor.
His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.
His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.
His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.
His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.
If two people own property as joint owners with the right of survivorship, when one dies sole ownership passes automatically to the survivor bypassing probate. A joint owner cannot leave his interest in a JTWRS to anyone in his will. The property is not in his estate. Think of it this way: When two people own property as JTWRS they each own the whole property. When a JTWRS dies his interest in the property disappears and the survivor is left as sole owner.
It is highly unlikely for a court to break a JTWRS between a husband and wife and it seems to be irresponsible for any attorney to make that challenge. Unless you can prove the joint tenancy between your father and his wife was for convenience only, the property passed to her upon his death. Unless the court decides otherwise, the sole ownership of the property passed to her heirs-at-law upon her death if she died intestate or to her beneficiaries under her will. Her estate must be probated. You can check the laws of intestacy for your state at the related question link provided below.
If this matter isn't handled correctly, a resolution counter to the law will result in a title defect. Any future sale of the property will trigger a title examination. The exam will reveal the title defect and the matter will need to be resolved at that time before the property can be sold.
What are the lien holder's right's if the customer is deceased in TX?
They can still enforce the lien. They may have to file a claim against the estate.
Letter for distribution of estate assets?
A letter of distribution of estate assets will likely be a document held by an attorney of a deceased individual. They will have specifically stated who gets their property and valuables in the event of their death.
Although we tend to think of an estate as being all the property owned by a person at the time of their death, a living estate is all the property owned by a living person.
If you are thinking of a life estate see related question link.
How do you evict your son in Texas?
To evict your son is Texas send him a formal letter telling him you want to evict him. If he refuses to move, you can start eviction proceedings through the court.
Do you have to pay off debt with your inheritance?
The debts of the estate must be paid before any inheritance is distributed to the heirs.
Yes. A fiduciary can be sued. You should consult with an attorney who specializes in litigation who can review your situation and the reason you think the fiduciary has violated their office. That is the only way you will know if you have a plausible cause of action.
Is it common for the lawyer to be executor of a will?
It is often the attorney who is named executor of a will. This prevents the family from fighting over how things are done. Banks are another common executor.
Do the beneficiaries of a trust have a say as to what happens in the trust?
That will depend on how the trust is written. In most cases the beneficiaries have no say in how the trust is distributed.
