Probate

You should bring any proof you have to the attorney who is handling the estate immediately. If the lawyer does nothing then bring your proof to the probate court and make a complaint about the attorney AND the executor. If your claim can be proved they should both be removed from the case and should be sued.

401 K assets are considered part of an individuals estate for Federal Estate Tax purposes. Life Insurance would also be includable in the gross estate if the decedent owned the Insurance Policy. However if a Irrevocable Life Insurance Trust (ILIT) owned the Insurance Policy it would be excludable from the decedent's estate if the policy was transferred to the Trust 3 years prior to the decedents death. If the policy had been transferred to the Trust within 3 years of the decedents death it would be includable in the decedeants gross estate due to the "3 year throwback rule." The way around the three year throwback rule is to have the (ILIT) be the applicant and owner of a new life insurance policy when the insurance policy is first set up. If that is not possible then be aware of the 3 year throwback rule and hold your breath.

In most cases the debts of the deceased, including hospital bills, are the responsibility of the estate. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. If there is not enough to cover the bills, they should present a plan to the court as to how they will distribute what is available. Consult a probate attorney in your jurisdiction for help.

In many jurisdictions, the executor may be granted the authority to sell the real estate in the will, without needing to obtain any license from the court to do so. In that case she has the power to sell it and distribute the proceeds according to the provisions of the will. If the authority was not granted in the will then the executor must apply for a license to sell from the court and the beneficiaries can object. The court will rule on the objections. If the two want to keep the property they will need to purchase the executor's share from her. If an agreement cannot be reached between the three parties then a Petition to Partition the property may become necessary. In that case it may be divided if large enough or sold with the proceeds divided equally minus the cost of the partition.

If you are the personal representative of the taxpayer's estate (e.g., the administrator, executor, executrix) or the person in charge of the taxpayer property, you will need to file a tax form for the deceased person. You will use one of the 1040 tax forms for the final return of the taxpayer.

After entering the deceased person's name and date of death at the top of the tax form, sign your name in the signature block and add the words "filing as personal representative."

You also need to complete IRS Form 56, Notice Concerning Fiduciary Relationship and send it with the return.

Also if a refund is due then a form 1310 is needed to assure that the refund is issued in the personal representative's name.

If you are not the executor of the estate, it would be trespassing.

A co-executor is someone who co-ops in the execution of legal documents such as wills.

The executor of an estate is not granted any special privileges vis a vis firearms. If an ordinary citizen of the jurisdiction in question could legally purchase a silencer, then the executor can as well. If not, then no.

The sibling that wants out offers to sell their share to the other sibling. If they don't wish to buy it, they sell it to whomever wants to buy their share.

The provisions of the trust must be followed. Only the trustee has the authority to sell trust property according to the provisions in the trust.

Answer: If the real estate was devised to both the children then they each own a half interest and they must make a decision about the sister's living arrangements. Did she provide care for her parents? Did she do more than her sibling in that respect? Is she less well off finanacially than her brother? Perhaps you could allow her to live there rent free until the estate is settled. If her brother does not need the rental income from the property then perhaps he could agree to allow his sister to continue living in the home with her being responsible for all expenses associated with it. That should be decided between them. If rent free is not practical, the parties should try to devise a fair rental agreement. Factors to address would be paying the taxes, utilities and the municipal fees, and who should perform regular maintenance and upkeep on the property. That agreement should be in writing and all factors should be addressed. She may also purchase her brother's interest if possible.

No. The will must be delivered to the probate court and accepted, at which time it becomes a public record. The creditors get to be informed.

It depends on who the car belonged to. If the car owner is not the deceased, no, it would not go through probate. Any insurance money paid as a result of the death itself would go through probate.

You can obtain a copy of a will If the will has been presented to the court for allowance. Try the probate court that has jurisdiction where the deceased last lived. Call the court and a clerk should be able to tell you if a case has been filed. The clerk should also be able to instruct you on how to obtain a copy. A certified copy may be more costly than a simple photocopy. If you are within driving distance of the court you may be able to request the file and make a copy for yourself at a public copier in the probate department. We have them in some of the larger probate courts in Massachusetts.

Yes. Louisiana law provides for 'forced heirship' whereby children 23 or younger, or children who are deemed permanently incapable must inherit a portion of the estate. The children of a deceased child who would have been 23 or younger would also qualify. Louisiana is the only forced heirship state.

In the state of Missouri, the wife automatically inherits property of her deceased husband. When either spouse dies, the surviving spouse has an undivided interest in the whole property, and the right to sole ownership.

No one, prior to death of the testator. Anyone, after it has been filed in Probate Court.

Generally, if two executors are named in the will and then appointed by the court as co-executors they must act together unless the will provides that either can act alone.

The Power of Attorney is not personally responsible. If they have mis-managed the funds, they could be held liable to the grantor of the responsibility.

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That may require a payment of taxes. The form of the life estate will also affect the tax situation.

An affidavit that states the heirs of a decedent. An Affidavit of Heirship is used instead of probate when a person dies without a will.

http://www.heirship.com/2009/11/affidavit-of-heirship.html

If the decedent died intestate or testate and you qualify as next of kin or are a named beneficiary or have some other legitimate claim against the estate then you should bring proof of your identity and proof of your relationship to the decedent to the attorney who is handling the estate or to the court where the estate has been filed.

Yes, the executor is responsible to the court to preserve the estate. Securing the property by preventing others from accessing the property is a step in that direction.

That is one of their jobs. They have to notify all the beneficiaries.