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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
Your brother has an estate if he has a mortgage. You need to petition the probate court in your brother's jurisdiction to be appointed the Administrator of his estate. The court will issue Letters of Administration that will enable you to carry on the business of disposing of his estate.
The will is set up as the decedent wished, and so only the named beneficiary is entitled. The minor child will need money to live on, and hopefully the guardian will use the money judiciously to benefit the child. There are some laws that might allow another to inherit some of the estate. If there are other minor children, the court may split the estate to insure that dependants are not left destitute and have to be supported by the state. If there are children born after the will was made, the court will adjust accordingly.
When a Motion to Adjudicate Guilt is being filed can your probation be reinstated?
If you are in jail now because your probation has been revoked, it is likely that you will remain in jail until the final decision on the motion is made by the court.
The executor of the will does it at the County Office of Deeds and Records. It should be listed under local government in the phone book.
Once probate or letters of administration has been obtained the deceaseds assets can be sold. If the asset is a property and it is owned as tenants in common the administrators are unlikely to find a buyer with someone in the house and unwilling to sell the other half.
Another PerspectiveThe answer to the question is NO. The sale of the property must come about by a license to sell from the court. The court-appointed administrator of the estate must apply for that license. In most jurisdictions an ex-wife isn't legally qualified to be appointed the administrator. She has absolutely no legal interest in the estate. She has no legal standing. The surviving spouse is the person most favored by the court for that appointment. This is a complicated situation. The surviving spouse must hire an attorney to handle the estate ASAP. The attorney can review the title to the property and the situation. She/he will be able to explain the options under the laws of the jurisdiction. A surviving spouse should act quickly when a spouse has died. She needs to take control of the situation and not sit back and allow the situation to deteriorate.
What is appointment of counsel?
It's a saying like if you are really nervous its like you made an oppointment of counsle at the worst of time
Does the Executor of the estate sign the decedents name and then sign as the executor of the estate?
No. The executor must be appointed by the probate court and signs their own name as the executor of the estate. For example: " John Smith, executor of the estate of John Doe." Be sure to add that designation, especially when signing contracts on behalf of the estate, so you do not unintentionally obligate yourself personally in any transaction you carry on for the estate.
If you are a beneficiary can you transfer to another person or does it need to go through probate?
You have no right to transfer to another person until it has been transferred to you through an estate or a court order.
Because if I bother to answer a question, I know what I'm talking about.
An estate must be probated in order for title to real property to pass to the heirs at law or beneficiaries of the will. You should consult with an attorney before you accept that any "statute of limitations" has passed for probating the will.
The will must be examined and approved by the probate court in order to pass title to property to the beneficiaries named in the will. If the will is not allowed then an Administrator will be appointed and the property will pass according to the state laws of intestacy. You can check your state laws at the related question link below.
When a father dies without a will do his minor children have rights to his estate or do his parents?
Generally, the surviving spouse and the minor children would be the legal heirs-at-law. If the father was divorced, his children are his heirs-at-law. You can check the state laws of intestacy for your state at the related question link below.
Can a surviving parent be executor if there are living children?
Yes, that is very common. The spouse is typically the executor of the estate.
Can a beneficiary sell the estate?
A beneficiary does not have the right to sell the estate. Only the executor can sell property.
Yes. Any time a person dies owning property in the US their estate must be probated. Title to real property does not vest in the heirs until the estate has been probated. Until then the real property remains in the estate and has no legal owner. It cannot be sold or mortgaged or insured.
You must consult with an attorney who specializes in probate law who can review your situation and explain your options. If your mother died intestate (without a will) her property will pass to her heirs-at-law under the state laws of intestacy. You can check the laws of California at the related question link provided below.
The beneficiaries of a will inherit the estate after any debts have been paid. That may mean that a property has to be sold. If so, the current residents have to be evicted, and the executor (as the owner of the estate at this time) is the one responsible for doing so.
Note that by showing sympathy and allowing you to stay in the house, your brother would have opened himself up to serious legal action from the creditors, and the law.
Your Father died there is no will what do you do?
You should go to the local probate court and apply for Letters of Administration (as opposed to Letters Testamentary when there is a will). You will need the names and addresses of all children of the decedent and perhaps of children of any child who predeceased the decedent. You might also need to have some idea of the value of the estate. All states have laws that determine who among the decedents family receive a share of the estate, so you will need to know those as well. The probate court might give you that info or you could research it yourself or hire a lawyer. All of the children of the decedent have an equal right to be named administrator, so there will have to be some agreement as to which one it will be.
It depends on the circumstances. An executor has no power until the Will has been allowed by the probate court and the court has appointed the executor. Once appointed, the executor has the authority to settle the estate according to the terms of the will and the laws in the jurisdiction.
The debts must be paid first.If there is not enough cash remaining to pay legacies the executor can substitute personal property according to their discretion, but they are required to make any substitution in a fair and equitable manner.
If you think the executor is not performing their duties in a fair manner you can file an objection with the court asking for an impartial appraisal of the personal property. The costs will be paid from the estate further reducing the assets available for distribution. You should speak with the attorney who is handling the estate to see if the situation can be resolved before further costs are incurred.
It depends on the circumstances. An executor has no power until the Will has been allowed by the probate court and the court has appointed the executor. Once appointed, the executor has the authority to settle the estate according to the terms of the will and the laws in the jurisdiction.
The debts must be paid first.If there is not enough cash remaining to pay legacies the executor can substitute personal property according to their discretion, but they are required to make any substitution in a fair and equitable manner.
If you think the executor is not performing their duties in a fair manner you can file an objection with the court asking for an impartial appraisal of the personal property. The costs will be paid from the estate further reducing the assets available for distribution. You should speak with the attorney who is handling the estate to see if the situation can be resolved before further costs are incurred.
It depends on the circumstances. An executor has no power until the Will has been allowed by the probate court and the court has appointed the executor. Once appointed, the executor has the authority to settle the estate according to the terms of the will and the laws in the jurisdiction.
The debts must be paid first.If there is not enough cash remaining to pay legacies the executor can substitute personal property according to their discretion, but they are required to make any substitution in a fair and equitable manner.
If you think the executor is not performing their duties in a fair manner you can file an objection with the court asking for an impartial appraisal of the personal property. The costs will be paid from the estate further reducing the assets available for distribution. You should speak with the attorney who is handling the estate to see if the situation can be resolved before further costs are incurred.
It depends on the circumstances. An executor has no power until the Will has been allowed by the probate court and the court has appointed the executor. Once appointed, the executor has the authority to settle the estate according to the terms of the will and the laws in the jurisdiction.
The debts must be paid first.If there is not enough cash remaining to pay legacies the executor can substitute personal property according to their discretion, but they are required to make any substitution in a fair and equitable manner.
If you think the executor is not performing their duties in a fair manner you can file an objection with the court asking for an impartial appraisal of the personal property. The costs will be paid from the estate further reducing the assets available for distribution. You should speak with the attorney who is handling the estate to see if the situation can be resolved before further costs are incurred.
If you die unexpectedly how do you set up an estate and appoint an executor?
If you have died unexpectedly, you aren't going to be doing any of it!
Your family can submit the forms to the court and the court will issue the appointment. If everyone in the family agrees and signs off on who is to do it, the judge will normally agree. If there is controversy, they will appoint a neutral party, usually an attorney or a bank, to oversee the estate.
Your best bet is to contact a probate attorney in your state for specifics. In many cases, the basic paperwork can be obtained at the court house.
How long can a beneficiary stall a probate of a will?
The laws vary in every different jurisdiction. It is not possible to give you a precise answer. Generally, when a will is submitted to the probate court for allowance and appointment of the executor there is a statutory period during which the will can be challenged and objections to the appointment of the executor can be filed. That must be done in writing. If either or both are filed, the court will schedule a hearing and render a decision. The probate procedure then proceeds.
Beneficiaries are asked to sign assents at several points during the process. If one refuses to sign, a notice of the matter is published and the process proceeds. Difficult participants may file objections and complaints in writing during the process, the court will rule and the process will proceed.
The executor is entitled to compensation for performing their duties. If you require more specific information you should consult with an attorney in your jurisdiction who specializes in probate or with the attorney who is handling the probate in question.
When a person dies intestate what does that mean?
Intestate means that the deceased person did not leave a will. The estate will be administered according to the statutory provisions of intestacy of the state where that person lived.
Do I have to file both a 2009 Form 1040 and 1041 for my mother's estate?
If your mother passed away during the year, yes. The 1040 is for the time that she was living. The 1041 covers the estate for the remainder of the year.
Is life insurance considered part of a decedent's estate and are the proceeds taxable?
There are several factors to consider when determining if life insurance is part of a decedent's probate estate and whether the proceeds are taxable in the US. Taxation of estates is an extremely complex area of law. You should always consult with an attorney and tax expert for advice regarding tax issues.
Generally and briefly:
If the decedent owned the policy on his/her own life, the insurance proceeds will be a part of the taxable estate (gross estate). However, most estates no longer reach the threshold of taxability regarding the federal estate tax. (If the policy was owned by someone other than the decedent, the insurance proceeds will not be part of the taxableestate.)
If the decedent named a beneficiary, the proceeds will be paid directly to the beneficiary, bypassing probate (but remember as stated above the proceeds are considered part of the taxable estate). The proceeds are generally not taxable to the beneficiary.
If the decedent did not name a beneficiary, the proceeds will become part of the estate and as such, vulnerable to creditors. The proceeds will be distributed according to the terms of the will or by the laws of intestacy if there is no will.
Have a will with no executor who executes the will?
The court will appoint an executor. Any person who is interested in the estate can petition to be appointed the executor: friend or family. The family can ask for a volunteer or ask someone they trust. Then, when the will is submitted for probate that person will also petition to be appointed the executor. You should consult with an attorney who specializes in probate. The rules are more strict for the appointment of an administrator.
Can a probated estate be reopened?
If you find an additional asset of the decedent's, you can petition the court to re-open an estate.
