Probate

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Whether a grown child is estranged from his or her parent does not affect that child's right to inherit from the parent. The grown adult child's right to inherit ("get anything") depends on three things. First, does the adult have a will and is the adult child named in the parent's will? If so, the adult child will inherit, even if he or she is estranged from the parent. Second, if there is no will, then the laws of intestacy determine who gets the property of the dead parent. These laws vary from state to state and are determined by the state of residency of the dead parent. Often, assets of a dead parent are split between a surviving spouce and children under such laws. Lastly, the adult child could inherit ("get something") if he or she is named as a beneficiary on a life insurance policy, brokerage account, bank account or if he or she is a joint tenant or tenant in common on a piece of property or other asset. These assets pass outside of the dead person's estate and that person's will.

Asset information forms need to be completed upon death of someone. This is the same for insurance policies, beneficiary designations, deeds for real estate, car titles as well as closely held business documents.

Generally, yes, as long as sufficient records are kept to determine which, if any, benefits were distributed improperly. For example, painting and landscaping the property would be a serious waste of the estate money if the property is going to be immediately deeded to an heir (who should reimburse the estate for the expense). However, if paint and landscaping are reasonably necessary to liquidate the house FOR the estate, then those improvements may be part of the reasonable cost of sale of the house to the joint benefit of all beneficiaries of the residue.

First check with the bank to see if your father named a beneficiary for the account. If not then you need to petition the probate court to be appointed the Administrator of your father's estate. The court will issue Letters of Administration that will give you the legal authority to take possession of his property, pay his debts and make distribution to his heirs.

Yes. The court will appoint a new executor when it is notified that the first executor it appointed has died.

You can open an estate for the deceased. Mississippi has a specific method for the distribution of the estate without a will.

That is what the estate funds are for. If the claim is legitimate, it needs to be paid.

If the executor wishes to allow it. They are responsible for making sure everything is inventoried and valued.

The duty of the executrix is to carry out the wishes of the testator. What does the will say about the house? Was the house in the deceased's name only or were there other names on the deed? In that case, the house passes by the deed, not the will.

In any event, you cannot sell the house if the testatrix did not authorize you to do so in the will without going to court and proposing the sale, giving the terms, and letting the judge approve it. The daughters may oppose the sale, of course.

Yes, you can. In the United States, a will must be admitted to court for probate of the estate shortly after the death of the testator (person who signed the will). Any heir at law, taker under the will or creditor of the estate can file a legal action to compel the presentation of the will to court.

There may be a few areas left where the lawyer or law firm that drew up the will, and has kept the original, will hold an old-fashioned "reading of the will" with all interested parties present, but it has become infrequent. Lawyers and law firms charge a lot more than they used to.

That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.

That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.

That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.

That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.

No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.

No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.

No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.

No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.

Both. The property would be in his estate and intestacy laws would apply.

The estate must be probated and the court must appoint an administrator. The state laws of intestacy will determine who the heirs-at-law are. The debts of the decedent must be paid before any property is distributed. Once the probate proceeding has been completed the remaining property will be the property of the heirs at law.

You can check your state laws of intestacy at the related question link provided below.

Yes, they are an intricate part of the will. They are amendments to the will.

No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.

No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.

No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.

No. An executor has no authority until they have been appointed by the probate court. An executor cannot "remove" an heir. They must follow the provisions in the will.

Usually there is a bank account set up by the Executor for the Estate of the deceased. Into this account all other bank accounts and savings can be added by the Executor as well as any death benefits payable, Tax credits or returns, etc., and proceeds of sale of the deceased person's house (if applicable). Once all expenses are paid out from the monies, IE cost of funeral, lawyer fees, Executor fees, loans, lines of credit, etc., the monies can be divided amongst the beneficiaries according to the provisions of the Last Will and Testament. This can be done by way of certified cheque, bank draft, money order, or cheque from the Estate account, etc., however the Executor deems appropriate. The beneficiaries are sometimes asked to sign releases after they've received their bequests and after all the monies are paid out, the duties of the Executor are complete.

Not if there are no assets at all. A will is simply a document that transfers a persons property to other persons after death. If there are no assets to be transferred, then there is nothing for the will to do.

Your state Bar Association Website is always a great resource for law related questions. I have included a link to the Michigan Bar Association page that addresses Probate Law it is http://www.michbar.org/probate/. Another great resource for law knowledge would be University Law Library Sites. For example the University of Michigan Law Library is available at http://www.law.umich.edu/library/info/Pages/default.aspx.

Findlaw.com has information on all matters of our legal system. You can read the law itself right here ( http://www.legislature.mi.gov/%28S%28vam5jxjmtjnbzsfkv0jlh53k%29%29/mileg.aspx?page=GetObject&objectname=mcl-chapters-701-713)

The executor must be appointed b y the court. If you have the will in your possession you need to file the will for probate and request that the court appoint you as the executor. Once you have been court appointed you will have the authority to settle the estate according to the provisions in the will and the state laws under he supervision of the probate court.

You don't, but the estate does.

The answer will vary depending upon a number of factors, including the state or country involved. Are they legally recognized as his children? If he is listed on the birth certificate, or they can prove he was the father, then they have some rights. The answer will depend on what his will says. It may also depend on what his mother's will says. In general, if neither of them had a will and they are legally recognized as his children, the children would be entitled to a share in the estate. Consult a probate attorney in the appropriate state for the exact answer.