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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
What is a fiduciary agent and why would I have one?
" A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence.[1] " A fiduciary duty is the highest standard of care at either equity or law. A fiduciary is expected to be extremely loyal to the person to whom they owe the duty (the "principal"): they must not put their personal interests before the duty, and must not profit from their position as a fiduciary, unless the principal consents. The fiduciary relationship is highlighted by good faith, loyalty and trust, and the word itself originally comes from the Latin fides, meaning faith, and fiducia. When a fiduciary duty is imposed, equity requires a stricter standard of behavior than the comparable tortious duty of care at common law. It is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary duty conflict, a duty not to be in a situation where their fiduciary duty conflicts with another fiduciary duty, and a duty not to profit from their fiduciary position without express knowledge and consent. A fiduciary cannot have a conflict of interest. It has been said that fiduciaries must conduct themselves "at a level higher than that trodden by the crowd"[2] and that "[t]he distinguishing or overriding duty of a fiduciary is the obligation of undivided loyalty."[3]
How do you know if a person who has died has an estate?
All persons have an estate
It may be just the clothing they are wearing but Legally there is an estate.
Ask who is the "Executor". The family and immediate Friends will know who. In most jurisdictions the Executor is required to file with the government and wait a period of time.
This person is assigned the task of winding up the deceased affairs and distributing the estate.
Are last wills public after death?
England and Wales
Once they have been executed, they become public records.
United States
Once a will has been filed for probate it becomes a public record.
No, in order be executor, you must have a probate court order. Banks and other individuals must have the court papers in order to reveal any information. It should be pretty straight forward and the court house can provide the appropriate forms for you, but a propate attorney can be a big help.
You should have complained to the court three and a half years ago. He can be compelled to produce an accounting of his activity and he can be replaced by the court. You should also file a complaint with the board of bar overseers in your state. You have let it go too long.
You should have complained to the court three and a half years ago. He can be compelled to produce an accounting of his activity and he can be replaced by the court. You should also file a complaint with the board of bar overseers in your state. You have let it go too long.
You should have complained to the court three and a half years ago. He can be compelled to produce an accounting of his activity and he can be replaced by the court. You should also file a complaint with the board of bar overseers in your state. You have let it go too long.
You should have complained to the court three and a half years ago. He can be compelled to produce an accounting of his activity and he can be replaced by the court. You should also file a complaint with the board of bar overseers in your state. You have let it go too long.
Can your sister who is the executor distribute your mom's money whenever probate is over?
Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.
Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.
Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.
Yes. As long as she has been appointed the executor by the court she has the authority to collect the assets, pay any of your mother's debts and then distribute the remaining assets as provided in the will.
Can creditors collect on a property going to probate court?
Yes. The debts of the decedent must be paid before any assets are distributed to the heirs. An estate that contains real property must be probated in order for title to pass to the heirs legally. There is a statutory period when the probate case is filed during which creditors can file a claim. That period varies from state to state.
As the sole beneficiary will you need a lawyer to go to probate?
Title to property, especially real property, does not pass to the beneficiary until the estate is probated. If your local probate court is very helpful you may be able to handle the probating of the estate yourself. If not then you will need to hire an attorney.
If your father had a will before his death, it will makes easier in dealing with his estate. If there is no will, it could take years before things finally get settled.
An estate is a property of large extent with a large and elaborate home on it. In more modern developments an estate lot is used to describe an exclusive development of large lots with elaborate homes that are sometimes called McMansions.
Estate is also used to describe all the property owned by an individual at death.
When does executor of will step in when spouse is living and has different executor of will?
The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.
The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.
The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.
The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.
In Texas how long do creditors have after being notified of death to respond against an estate?
6 months after the issuance of the letters of testamentary/administration.
What rights does a son have to his mothers grave?
Your mother probably had her funeral arrangements made out and put in her Will. Any family member can go up and visit their loved one's grave and no one can stop them from doing so. Also, when you decide to make a Will you can request being buried with your mother. In Canada it is allowed three times every ten years. If you feel a crime has been committed and you want your mother's coffin exhumed then it has to be done by a court of law.
Added: If you are referring to what 'property' rights you have in a burial plot - unless it is situated on your private property, it is most likely located in a cemetery and may have been paid for in advance. If such is the case, it is considered to be a piece of property which is subject to being disposed of in the deceased's will and it can be inherited.
A bit more:
In the US, most cemeteries are open to the general public. So if you are referring to the visitation of your mother's grave, you have a right to do so. But if her grave is on private property, you will need permission from the owner of the property to visit her grave. I will add though, it is no longer common to have have private family burial plots on private land, as it was until around the mid twentieth century. In order to do so, you have to have special permission to legally have that small piece of land declared a cemetery, even if it's just for one grave. And there are specific codes you have to follow, such as putting some type of fencing around it, a headstone or grave marker, etc.
AnswerYou haven't provided any detail as to the reason for your query so the following is general information regarding legal rights to burial plots.
Generally, the purchaser of a burial plot obtains limited property rights, i.e., the exclusive right of burial, subject to the rules and restrictions in the contract of sale and subject to state laws regarding burials. When a purchaser dies intestate the rights to the plot pass to the heirs as intestate personal property. A burial plot could also be specifically mentioned in a will. The spouse of an original purchaser has the right to be interred in that plot. Heirs will need to provide proof of inheritance to the owners of the cemetery if they wish to exercise their rights under the contract. Therefore, copies of probate decrees should be filed with the cemetery office.
You should visit the main office at the cemetery to determine what rights you may have pursuant to the original contract and any special instructions that were executed by your mother or the original purchaser of the plot. The office will also be able to inform you of state laws regarding burials.
What is the purpose of affidavit of facts concerning identity of heirs?
The affidavit of heirship is a document that explains the information about all of the individuals who are legally entitled to a share of the property in question. It is seen as prima facie evidence in the eyes of the court, as long as it is accepted during probate court proceedings.?æ
When a person dies in the state of Georgia and they owe money on a car what happens next?
The executor of the estate informs the lien holder. The vehicle is then either paid off by the estate, or the vehicle is sold. In some cases, they executor may turn the vehicle over to the bank or loan holder.
Who places real property into probate?
If there is a will the named executor must submit the will to probate and petition for appointment as the Executor. If there is no will then a qualified person (family member) must petition for appointment as the Administrator of the estate. When the petitions are 'allowed' the estate comes under the control and supervision of the probate court.
What is the procedure for probating a lost or destroyed Will?
This is a complicated question and the answer depends upon the state where probate is to take pace. In New Jersey, and perhaps in most other states, a lost or destroyed will may be admitted to probate under certain conditions. You cannot use the usual simple administrative procedure to probate the will. You will have to take the matter into a regular court with live witnesses to prove basically two facts: that a will had been executed at one time and that it was lost or destroyed inadvertently. When a will is not found among the decedent's personal things, there is a presumption that he destroyed the will with the intent that it be revoked. It is not easy to overcome that presumption. You will probably have to retain a lawyer to do all the court work.
Can an executor be set aside in probate?
Yes. A court can decide not to appoint the named executor if any interested party provides a compelling objection to the appointment. Also, the court can remove an executor and appoint a successor if it finds the executor is mishandling the estate, submits a resignation or dies while in office.
Can property said to be given prior to death but not documented be kept from probate?
Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.
Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.
Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.
Generally, no. If the property was not conveyed by deed during the life of the owner then it becomes part of their estate. If someone can produce a valid written contract, signed by the owner before their death, promising to convey the property then the estate representative will have to honor that contract. Otherwise the property will pass by the decedent's will or according to the state laws of intestacy if there is no will. If you still have questions then you should speak with the attorney who is handling the estate.
The beneficiaries have no authority as to how an estate is to be handled. That is the duty of the executor or executrix who will be held personally and legally accountable to the court for all assets and property belonging to the deceased. Therefore the executor has a legal obligation to inventory ALL property and assets and to accurately enter them into the probate filing of the estate.
Does inheriting my deceased son's IRA mean I need to set up an estate?
That will depend on how the IRA was set up. It might not be required if your are the listed beneficiary of the IRA.
We are separated but not divorced. When my husband dies am I still legally entitled to his estate?
Yes. You will inherit under your state laws as his surviving spouse under the state laws of intestacy if he has no will. Even if he has a will leaving his property to someone else you are entitled to a portion of his estate under the doctrine of spousal election law in most states. You can check your state laws of intestacy at the related question link provided below.
Yes. You will inherit under your state laws as his surviving spouse under the state laws of intestacy if he has no will. Even if he has a will leaving his property to someone else you are entitled to a portion of his estate under the doctrine of spousal electionlaw in most states. You can check your state laws of intestacy at the related question link provided below.
Yes. You will inherit under your state laws as his surviving spouse under the state laws of intestacy if he has no will. Even if he has a will leaving his property to someone else you are entitled to a portion of his estate under the doctrine of spousal electionlaw in most states. You can check your state laws of intestacy at the related question link provided below.
Yes. You will inherit under your state laws as his surviving spouse under the state laws of intestacy if he has no will. Even if he has a will leaving his property to someone else you are entitled to a portion of his estate under the doctrine of spousal electionlaw in most states. You can check your state laws of intestacy at the related question link provided below.
Do probate attorneys protect the interest of the heirs?
Yes, by making certain the estate is settle properly according to the provisions in the Will and the state laws regarding estates.
Yes, by making certain the estate is settle properly according to the provisions in the Will and the state laws regarding estates.
Yes, by making certain the estate is settle properly according to the provisions in the Will and the state laws regarding estates.
Yes, by making certain the estate is settle properly according to the provisions in the Will and the state laws regarding estates.
