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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

Find out if you have an inheritance?

how can i find out if i have an inheritace?

How can you refuse an inheritance?

Simply refuse to accept it. The inheritance will be divided up among the remaining heirs.

A Will has been Probated. The Executor has paid all bills and has tried to make distribtion to Benificairies. One refuses to accept payment. and wants more and more info. Can the Executor say no?

If they refuse to accept payment, the amount is then spread out amongst the other beneficiaries. If the court accepts the distributions, the estate can be closed.

Are all heirs responsible for taking care of property?

Normally yes all heirs are responsiably, unless one of them is appointed the executor the estate.

Can you have both your children as executors?

Yes you certainly can and they can also be your trustees too!! Some people also have more than 2 executors!!

If an executor sells property that was left to particular heirs who gets the proceeds?

This will depend on whether the estate is solvent or insolvent. In a solvent estate, when a specifically devised asset is sold, the proceeds of the sale go to the named beneficiary. This assumes that the beneficiary consents to the sale of the asset, because a specifically devised asset must be given to that beneficiary unless that beneficiary consents. An executor who sells such an asset without consent could be sued for damages. In an insolvent estate, if specifically devised property is sold because there is not enough cash in the estate to pay all debts, then some or all of the proceeds of sale will go into the estate to pay those debts, with any remaining amount, if any, going to the named beneficiary.

How do you find out if you have been left anything in a will i have moved house recentley but i have been informed that a close friend left me something in their will.?

Most (if not all) states require a will to be filed with the clerk of the court in the county where the decedent lived. Once the will is filed, it becomes public record and anyone can request a copy.

What assets are considered to be part of a decedents estate?

All of the assets the have and anything they owned within the last two years and gave away. The executor has to inventory and value all of them.

How long after a death do you hear the reading of the will?

There is no formal reading of the will. If you are a beneficiary, you will be given notification and an opportunity to know the appropriate parts of the will. If there is no will, you may still be contacted -- if you are a relation with reasonable expectation to inherit from the estate.

What if the heir to an estate cannot be located?

The money can be held in trust by the court and they may turn it over to the county auditor. But the executor should make an honest effort to locate the individual by paying a private investigator to conduct a nationwide search through databases which are more accurate, or I can assist you with the search as a genealogical researcher with access to similar databases. If you need help see my bio.

If named as a beneficiary along with a dollar amount on a small estate affidavit where or who does the distribution come from?

Answer

I am not an attorney, but I recently visited one and was told that if they are responsible for handling all my business after I passed, they would charge a percent of what I'm leaving for their fees and then they will distribute the rest to the beneficiaries that I have listed.

The person who has been appointed executor or executrix of the estate is responsible for distribution of any remaining assets after all debts and taxes of the deceased have been satisfied according to state probate law.

What happens to beneficiaries portion if one beneficiary has been deceased for many years?

The life insurance company holds the money without contributing interest. There is no time limit on the time you can file a death claim.

Does a divorced spouse with a valid will that never changed have recourse against the exspouse estate after death?

Answer: A will made during marriage would become void after a judgment of divorce as to any provisions made for the ex-spouse unless it specifically states otherwise. Divorce decrees generally refer to a Separation Agreement made by the parties. Those agreements usually include a statement that the property has been divided and each party is surrendering any claim they may ever have to the other's estate forever. I think you may however have standing to make a claim for child support arrears.

Your mother died and you are on the deed together does that mean that the property is not part of her estate?

This situation depends on the tenancy that was recited in the deed. If you were joint tenants with the right of survivorship then full ownership automatically passed to you upon your mother's death and there is no need for probate. However, if you owned as tenants in common, your mother's half interest would pass to her heirs at law and the estate would need to be probated for title to vest in the heirs.

Why is probation used?

People support it because they believe in second chances and/or to save their taxpayer dollars. Authorities support it because they don't have to house people if they make parole. It can be a revolving door, especially since parole violators are not sent back to prison unless the parolee does something really bad and authorities have no choice. But for a fortunate few, it is a second chance.

My mother says in her will that she wants her home to go to me at her passing - does she need to put me on her deed too?

While that would help speed up the process after she dies, it isn't necessary because she has a will.

If a beneficiary inherits a home in Texas can the beneficiary give it back to the bank if the beneficiary lives in another state?

Yes. If the beneficiary does not want to assume the financial responsibility of the property he or she is not legally entitled to do so. They may refuse the bequest and the issue will be disposed or distribted according to the state probate laws.

What can I do about a relative that repeatedly reports to the Adult Protective Services about me because she wants to be in control of her sister who has alzheimers.?

You have not explained who you are or if you have legal guardianship over the sister. You should consult with an attorney if possible. You may be able to obtain a restraining order and/or file a lawsuit. If you cant afford an attorney then collect your evidence of repeated complaints that were determined to be unfounded and visit your local civil court to get information about filing for a restraining order. Your documentation can be submitted to the judge at your hearing.

What does caveat emptor mean?

Caveat Emptor is a Latin phrase which means "let the buyer beware".

What it implies is that it is the purchaser's duty to ensure that an item they are buying is right for them, and that it will do the job.

In the days before consumer legislation was passed in many countries, the seller of an item was under no legal obligation to the customer if the item was faulty, or if it didn't do what the seller claimed it could.
Let the buyer beware.

The Executor in a Will is deceased. Can a sibling of the deceased now be appointed?

The court will look at the Will to determine if an alternate executor is named. If not, then the state probably has a list of people, in order, who should be named as administrator of the estate. Relationship to the deceased executor is irrelevant.

If there are joint executors can one executor have the other removed?

Yes. However, the first executor would need to have just cause to be successful in a petition for the removal of the other executor. Factors the court will consider include but are not limited to the following: neglect of duties, waste of assets, lack of cooperation with co-executor, unwillingness to act responsibly and effectively. The court will review the matter and decide if it would be in the best interest of the beneficiaries to remove that co-executor.

Do wills have schedules?

Certain documents that must be filed in an estate have schedules such as inventories and accounts.

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