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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
Should a life insurance policy be placed within one's trust to avoid probate?
It is usually not necessary to put ownership of Life Insurance into your living trust. I normally recommend that the policy be kept outside the trust as the proceeds will pass without probate. Discuss the tax considerations of who should be the owner with a tax professional familiar with estate taxes.
I normally recommend that your spouse (if married) be the principal beneficiary of the insurance with your living trust as the contingent or secondary beneficiary. This way, if your spouse precedes you in death, the policy will pay proceeds to the trust which will distribute the proceeds with the rest of your estate exactly as you have planned without probate.
Inestate succession [if someone dies without writing a will]: if the deceased has a living spouse but no living children, the estate goes to the spouse. If the deceased has living children but no living spouse, the estate is divided equally between the children. If the spouse and children are alive, the spouse gets half of the estate and the other half is divided equally among the children. If neither the spouse or children are alive, but the deceased's parents are alive, the estate goes to the parents.
Testate succession [will determines how estate will be divided]: testator [person making the will] decides how to divide the estate and to whom different parts of the estate will be given. The testator can choose to give all or part of the estate to their spouse, children, or other family members. The testator can make any kind of property distribution they desire. Usually an executor is appointed, and their job is to ensure that the testator's wishes are carried out. If no executor is appointed, the state will appoint an executor. The testator can make any kind of property distribution they desire.
Inheritance tax: Kansas doesn't have a general inheritance tax, but it does have a state estate tax. The differences are significant. Old laws in Kansas taxed the person receiving an inheritance. But as of 2010, the tax duty has been imposed on the estate rather than the beneficiary.
Does an executor have the right to repair the deceased property?
Yes. The proper maintenance of the decedent's property is the responsibility of the executor until the property has been sold or distributed. If repairs are needed the executor can make the decision to have them done.
a big No
u probaly can bring that 2 court but im not positive
Yes.
My sister is going to contect my mothers estate. Where is the burden of proof?
Can't answer this. "Burden of proof" doesn't mean anything when applied to settling a will or an estate. The questioner seems confused and is using the wrong words to try and describe something. Please re-word the question and re-submit it.
Once the Probate is completed (approx. 8 months to a year in Canada) then a lawyer will be sure all is legal and he will give the checks to the Heirs.
If the Heirs know approximately how much they will get out of the Will they are free to take a copy of that Will and take it a bank and take out a loan for as much as their inheritance will bare. When they get the inheritance, and if they are smart they'll pay their debt off in full. No monies can be touched until the IRS and creditors are satisfied and Probate has passed.
When does a will have to be recorded?
If the decedent owned any property the will must be filed for probate as soon as possible. Each jurisdiction has its own rule, many require a will be filed with the proper authority within 30 days.
If a deceased paid no business or personal taxes will that come up in probate?
In most cases that will be a responsibility of the estate. The executor is supposed to file taxes for the deceased and the estate.
It depends upon what you mean by co-owners. If they own the property as "Tenants in Common," then they each own a particular percentage of the property which they can pass along at their death to whomever they wish. If they own the property as Tenants in Common, then yes the deceased brother's share will have to go through probate (unless there was a recorded beneficiary deed).
If they own the property as "Joint Tenants" or "Joint Tenants with Rights of Survivorship" then once the first brother dies the property automatically passes to the surviving brother by operation of law. No probate would be necessary in that scenario. The surviving brother would just have to file an Affidavit of Death in the county where the property is located as well as a certified copy of the death certificate.
You will know how they own the property based upon what the deed originally conveying the property says. If the deed is silent, state law assumes Tenants in Common.
*Check with an attorney, or the court that the trustee makes his report to. *I am not sure you have a right to these. In fact, it may not be right to show them to you and are to be kept confidential. If you have a - specific relevant question or concern -, not just want to go snooping for something like what she has, who she received something from or who she may have paid what too, why don't you just try asking for that? But again, don't be surprised if something worded like "how much money did Mom give my sister last year" does not get an answer. *If you are an hier to your mother's estate, and I assume you are, I believe you are entitled to examine the bank statements, especially if the executor of the estate also had control of your mother's assets during the last year of her life. You should petition the court to order that the statements be provided to you. Don't be surprised if nothing is actually done, though. Rotten stuff goes on all the time concerning estates and probate and usually nothing is done to rectify the wrongs or to punish the perpetrator. Most people learn too late that the executor is mishandling an estate and the courts don't place priorities on doing anything about the wrongs done by executors. The only way to really protect your interests is to learn the code for your state and let the executor know very soon after the death that you are aware of your rights, want to be informed of their plans before the plans are carried out, and will be watching what they do. I believe it would also help to let the court and the estate attorney (if there is one) to know this, too. It helps to keep the executor more honest, or at least his or her damage to a minimum. Also, I would not recommend hiring an attorney. I would look up the code for your state and represent myself. You can actually do everything an attorney can do in cases of probate. Of course, it would not hurt to consult with an attorney, but as far as having him in court, if all states are like Indiana, the process is actually pretty informal, so I would save the money. Not having an attorney present also allows you to say what you want to say without having to go through another person. I'm not an attorney, though, so take this advice however you want. The best advice I can offer to you is to keep a cool head and think about what you are going to do BEFORE you do it. Of course, you might not be able to take a lot of time to think about things, but don't make any rash decisions. It's too easy to make stupid decisions because the emotional aspects of contesting what an executor is doing or has done are very draining. I know. I've been there. ------------------- The above answers are poor. The answers confuse the issue. The trustee of an estate is NOT the executor, although the same person(s) may serve both functions. And to tell you not to seek an attorney's advise is ludicrous. Your state's laws on trusts and estates may only be expertly interpreted by an estates and trust attorney (and I am not a lawyer but I still state that). If you are a named heir, you should have regular reports from the trust's trustees. If you don't then there is a problem. Further, as a beneficiary you generally have the right to examine the trust at any point. If the trustee is not supplying you the records you request: 1. Make sure you document the request, ie, send it certified; 2. Absolutely consult an attorney. If you believe there is trustee malfeasance you are a fool if you don't consult an attorney. 3. Sic an attorney on the trustee. A trust is to be the most sacred agreement in the law. If there is malfeasance (hanky panky) the outlaw trustee should be brought to justice, and made to feel the pain. "When things go wrong, you'll find they usually go on getting worse for some time; but when things once start getting right they often go on getting better and better." C. S. Lewis The Magician's Nephew but ; In what concerns you much, do not think that you have companions : know that you are alone in the world. : Henry David Thoreau
US Transcendentalist author (1817 - 1862) as to pursuing your right to mother's stuff BE IMPECCABLE ABOUT YOUR WORD DON'T TAKE THINGS PERSONALLY DON'T MAKE ASSUMPTIONS ALWAYS DO YOUR BEST : if all else fails : ask the trustee : whom you, i guess, trusted : "what's the deal?" :
If the cover of a Will is defaced or damaged does this affect its validity?
As long as the will is intact and legible, it is valid. The cover normally does not contain any critical information.
What happens if an executor keeps the money?
They should be reported immediately to the court that appointed them and criminal charges should be pursued.
Can an affiant on a small estate afidavit withdraw from being an heir to the estate in Oregon?
Anyone can withdraw from being an heir. There is no requirement to accept an inheritance.
How long does someone have to file an estate after you loved one dies?
The deceased passed away 2 years ago in Missouri. The grandson that had the power of attorney has not filed the will as of yet that we know of. The other two grandchildren are wanting to get it settled as their grandparents house was supposed to go to the youngest grandchild. This has not happened yet. Please help.
Depending on the state in which the decedant resided in , but normally if they had a Will it is 10 days after death. If they had a trust it is 30 days.
A parent may leave one child who has been of extraordinary help and comfort a greater share of their estate by will. However, if the parent dies intestate, as often happens, then the property will pass according to the laws of intestacy in your parent's state. You may check the laws for your state at the link below.
How long do you have to settle an estate in Washington?
Complex estates can take many years to sort out and close. In Washington there is no set time frame for closing an estate.
yes, or even to decline the responsibility.
If a person on social security disability inherited a property and then "deeded" it to a person who is underage there is one property. Why do you think there are two?
Will or no - upon her death, your mothers debts must be settled first from any estate proceeds. If you want to keep the house, you may want to talk to the mortgage lender and see if you can refinance so you can pay off the mortgage. Otherwise, you may have to sell the house or let it get repressed. When you go to probate over her estate, you'll get some answers from the court. You also should check with an attorney.
AnswerGenerally, in the US, If your mother died intestate her property would pass to her children under the state laws of intestacy. Her estate must be probated in order for legal title to her real property to pass to her heirs-at-law. Since there is an outstanding mortgage the estate should be probated ASAP. Once the petition for Administration has been filed and the Administrator has been appointed the Administrator can negotiate with the bank about assuming the mortgage (under the guidance of the attorney who is handling the estate). You can check your state laws of intestacy at the related question link provided below.It is important to keep the mortgage payments current.
There is no time limit. The length of time of the marriage has no effect on the statutory rights of a legal spouse. The surviving spouse has legal rights . . . period.
You can check those legal rights under your state laws of intestacy at the related question link provided below.
That child's interest would pass to any living parent and if no parent to their siblings.
Does the court need to assign a executor if the children agree who will be a executor?
The court will appoint the executor and typically will grant it to the person the children request.
