0
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
When will I receive a notification of an inheritance?
In the UK it will depend on who is handling the dead persons estate. So the time of notification might vary, however if a will is present at the time of death, people usually know if they are going to benefit. However nothing can be paid out from a will before six months has elapsed after the death of a person. This is to allow time for creditors to make a claim against the estate. After bills are paid, sometimes there is nothing left to be paid out. Best to check with the executors (those in charge of handling an estate, named in a will) or next of kin of the deceased person, though early enquiries might not be to welcome.
Its when u are let out of prison, but u are watched carefully, cops will be followin u or watching u, trackers placed somehwere in ur body, and more
Does a person have to file for estate if the person that died has nothing?
Yes, it is a good idea to go through probate. That makes sure all of the legal requirements are met and taxes paid.
The executor has a duty to the estate to bring the best possible price for the liquidation of the assets. The executor will list the property for what it is worth, not what the beneficiary wants.
Why will you always have a favorite niece that you really can talk to?
I believe everybody will have their own personalities.You might have that one neice that is self centered and the other one may be caring.You just find it easier to talk with the caring.She might have that personality that you just love. RavenL.
That depends on the laws of the state of probate. Generally though, an administrator does not have to show beneficiaries copies of everything he is doing while the estate is being administered. Most state laws allow administrators some freedom from interference from beneficiaries. But, there will come a time when the administrator has to account to the beneficiaries for what he has done and at that time he will have to show receipts for everything in order to prove to them that payments were proper. So, during administration, he might not have to show those receipts upon request, but later on he will. A smart administrator will provide some information to the beneficiaries along the way so they don't get antagonistic. (Antagonistic beneficiaries are not fun to deal with). Plus, if he voluntarilly gives them receipts early on and they don't object, then they might not be allowed to object later on.
Probation is a SENTENCE given to you after you have been found, or pled, guilty. If you have not satisfied all the provisions of your probation then you have NOT competed your sentence. If I were you I'd get to it. If you don't complete your court ordered obligations you could be found in Violation Of Probation, and jailed.
The estate is responsible to pay the bills. The property can be sold to settle the debts.
After the will has been allowed and the executor has been appointed by the court the executor is obligated by law to carry out the distribution as set forth in the will by the testator. The executor has no authority to change any provisions that were made by the testator unless that power was also granted in the will.
There is no "procedure for negotiating" with beneficiaries who want a "more fair deal" than was provided by the testator. The executor needs to seek some advice from the attorney who is handling the estate. The executor needs a primer on their legal obligations and personal liability if they overstep their authority and decide to operate outside the probate laws.
When a person dies does an estate have to be set up?
If you want to close things out and keep the creditors from bothering you in the future, an estate is a good thing. And if there is real property involved, it is pretty much required.
What happens to a will if there is insufficient money to meet a bequest?
The answer depends on several factors and state laws vary.
The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.
If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.
The answer depends on several factors and state laws vary.
The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.
If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.
The answer depends on several factors and state laws vary.
The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.
If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.
The answer depends on several factors and state laws vary.
The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.
If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.
Can a beneficuary deny appointed executor?
No. Once an executor has been appointed the beneficiary has no power to deny their authority.
The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.
No. Once an executor has been appointed the beneficiary has no power to deny their authority.
The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.
No. Once an executor has been appointed the beneficiary has no power to deny their authority.
The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.
No. Once an executor has been appointed the beneficiary has no power to deny their authority.
The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.
Please don't totally trust me on this but the money probably goes to the kids. If they didn't have kids, the money would go to family members and sadly if they didn't have family then it would go to friends. If, (even more sad) they didn't have friends, i have NO IDEA where it would go.
What happens if sole beneficiary dies before testator is settled?
That information should be included in the initial petition for probate.
The interested parties should consult with an attorney or with the attorney who is handling the decedent's estate. Depending on the language in the will, the inheritance may have lapsed or may have passed to the estate of the beneficiary. The situation needs a review by an attorney who can determine whether the executor has failed to perform their duties and also determine the legal status of the inheritance.
That information should be included in the initial petition for probate.
The interested parties should consult with an attorney or with the attorney who is handling the decedent's estate. Depending on the language in the will, the inheritance may have lapsed or may have passed to the estate of the beneficiary. The situation needs a review by an attorney who can determine whether the executor has failed to perform their duties and also determine the legal status of the inheritance.
That information should be included in the initial petition for probate.
The interested parties should consult with an attorney or with the attorney who is handling the decedent's estate. Depending on the language in the will, the inheritance may have lapsed or may have passed to the estate of the beneficiary. The situation needs a review by an attorney who can determine whether the executor has failed to perform their duties and also determine the legal status of the inheritance.
That information should be included in the initial petition for probate.
The interested parties should consult with an attorney or with the attorney who is handling the decedent's estate. Depending on the language in the will, the inheritance may have lapsed or may have passed to the estate of the beneficiary. The situation needs a review by an attorney who can determine whether the executor has failed to perform their duties and also determine the legal status of the inheritance.
How do you determine where the decedent's estate was probated?
A decedent's estate is probated in the county where she/he owned property. Check first at the county probate court where the decedent lived.
Can a grown child live in mother house after she died before will goes to probate?
There are a number of ways for this to occur without a problem. They could be working on behalf of the executor to preserve the property. Or they could be paying rent to the estate.
Is a Real Estate buyer allowed to check a title commitment without seller's permission?
While the estate is being probated, the executor is the legal representative of the estate and has been issued Letters Testamentary that authorize her to act on behalf of the estate. The power to sell real estate is generally granted in the will, if not, then the executor would need to petition for a license to sell the real estate.
What free site can you go to to find out if you were left in a relatives will in Texas?
Find out where the relative died a resident of, call the probate court of that jurisdiction and request a copy of the will. If a probate estate has been opened it should be a matter of public record. FYI- they will charge you for a copy of the will in most cases. If there is property or valubles involved consult with an attorney.
Very likely, your state has a law that requires anyone in possession of a Will to deliver it to the court. You can file a motion with the court to require her to produce the Will.
If the daughters have POW can the astranged husband have a say?
I will assume you mean that the daughters have power under a Power of Attorney.
The POA gives the daughters the power to act on their mother's behalf and for her convenience managing her business affairs by performing such tasks as signing checks, selling her individually owned property, filing tax returns, etc. However, it sounds as though she is still married. Her husband may have the power to make medical decisions and funeral plans in the event of her death. He would also automatically inherit a portion of her estate by law in most states.
If they have been estranged for many years and do not plan to resume their life together your mother should seek a divorce. That would end any legal rights her husband has now regarding her property and his rights as a spouse.
What is the definition of personal effects when used in a will?
Anything that is not real property or negotiable securities. A house, boat or car is titled property and not personal effects. Pretty much everything else is chattel or personal effects.
How long after the death of a loved one does the executor have to settle the estate?
That's determined by the probate laws of the state in which the person was a resident at the time of his or her death. The interested party can contact the office of the clerk of the probate court in the county where the person died to obtain the needed information.
The Texas intestacy law will be applied. In most cases the estate will be split.
When the administration is closed can the administrator sell property?
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.
If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.
If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.
If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.
If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
Can beneficiaries give up their trust from a will?
Yes, they may decline the inheritance. There is no legal requirement to accept something you do not want.
