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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 beneficeries be advised of change in executors?

The court must make the appointment and the beneficiaries should be served notice.

I am executrix of my mom's estate in NC so can I handle the estate without an attorney?

The first question is, "Do you know how to probate an estate"?

If the staff at your probate court is extremely helpful, you follow their technical directions to the letter and you have some legal experience you may be able to handle a simple estate on your own.

However, keep in mind that the staff is prohibited from providing any legal advice.

Is an executor in Texas allowed a fee?

Executors are always entitled to compensation for their efforts unless the will specifies otherwise. And even if the will doesn't allow for it, the court may rule that they are entitled anyways.

What happens if you die intestate with a large estate?

The laws of intestacy for the state in question will apply. The debts settled and the remainder divided per the law.

What happens when you make a will and in your probate you leave your house to your 4 children but later you change your will to one child having your house but didn't change your probate who gets it?

I'm not sure what you mean by your probate? Your will is the legal document. Probate does not exist until after your death and the court issues the letters of authority.

Where are wills read?

Probate Court is where wills are read.

Where to go online to view court records for free?

All court records in all jurisdictions are not available online. Those that are available are not always free. You can try a Google search for the jurisdiction you seek to research. A good way to start is by county. Your search terms should include the county, state, and "court records search".

You can also start with Court Reference, a free service with links to many kinds of court-related information, including online court records. More and more courts are putting their records online. Go to the link below, select your state, look for "Choose a Court Resource Category" and choose "Search Court Case Records" to get links to court websites that offer online record searching.

If your husband dies without having a will can step children try to take you to court and fight for his estate?

Yes. When a person dies intestate, or without a will, their property passes to the next-of-kin according to the state laws of intestacy. Each state has its own scheme and in many states the children will acquire a share. Generally, there is no "fight" required. The estate must be probated in order for title to the property to pass to the heirs. When the estate is probated the process will simply be carried out according to state law. You can check the laws of intestacy in your state at the link below.

Can a Creditor sue remaining owner for balance remaining in Joint Bank Account with Right of Survivorship to cover Health Care debt by deceased other owner?

I must add...Health Care debt was to be covered by Living Trust arrangement and was in litigation at time of other owner's death. Right of Survivorship was not altered prior to owner's death.

Where is the probate court in Suffolk County?

I assume you are talking about Suffolk County, NY (if not please correct me). In NY most probate matters are handled by what's called a Surrogate's Court. The Surrogate's Court in Suffolk County can be found at:

320 Center Dr.

Riverhead, NY 11901

Phone: 631-852-1746

If you wanted a different state or more information check out Court Reference - it lists contact information for most trial courts in the US and also includes links to many useful legal references.

In Arkansas must adult children pay deceased parent's medical bills out of parent's payable on death accounts if probated portion of estate is inadequate to cover the medical bills?

Arkansas, like most states, look at a number of factors involved. Typically the estate is responsible for paying the debts, including the medical bills of the deceased. If a child has co-signed any paperwork regarding medical procedures, they may be held liable. If they hope to inherit a house, they may have to pay the bills to avoid the house being sold to pay the debts.

Who has legal rights if my fiance deceases myself or his adult children?

Your "fiance's" children are his legal next of kin. If he dies intestate they will inherit his property under the state laws of intestacy. If he writes a will and leaves property to you, the will must meet any statutory requirements for disinheriting children. Otherwise the children may be able to make a claim. You have no other legal rights unless you are married.

What is the Definition of a lifetime right of occupancy?

A LIFE ESTATE is an estate held only for a specified person's life. It is a right to use and occupy property that is extinguished when the life estate holder dies.

Beneficiary vs next of kin?

A relative who happens to be next-of-kin is not necessarily the same thing as a beneficiary. A Beneficiary is a person who receives something tangible. For example, a person named to receive something in a will is a beneficiary under such will. Similarly, a person named to receive the proceeds under an insurance proceeds is referred to as a beneficiary. Next of kin refers to the nearest blood relatives of a person who has died, including the surviving spouse. It may also be used to refer to anyone who would inherit part of the estate by the laws of descent and distribution. See related link below:

Can you contest the executor fee?

Executors have a big responsibility and do a lot of work behind the scenes that the beneficiaries don't generally realize. Executor's fees are set by statute for that reason. Greedy or angry beneficiaries wouldn't pay them if they weren't required to.

Can an heir to the estate receive money from that estate after the house has been sold. Everyone that suppose have received their portion of the estate has. When can the heirs receive their money?

When the executor is satisfied that all the debts have been resolved. They will provide a final accounting to the court and distribute the remainder.

What happens when you move out of state on probation with out permission in New Jersey?

What are you thinking?? You will have violated your probation! Probation is a SENTENCE for being found GUILTY. If you abscond (flee) your status is the same as that of a fugitive. The better thing to do, is to ask the court's permission to have your probation transferred to your new intended state of residence.

Do you have to live in the state of KY to be the administrator of an estate?

No, there is not a residency requirement. You may have to post a bond for the court.

Can a durable power of attorney for medical care have the patient admitted for alcohol rehabilitation?

You need to consult with an attorney. A medical power of attorney generally gives the authority to make medical decisions in acute medical situations when the patient is not capable of making those decisions. Especially end of life decisions. You may need a legal guardianship to take the type of action you suggest in your question.

You need to consult with an attorney. A medical power of attorney generally gives the authority to make medical decisions in acute medical situations when the patient is not capable of making those decisions. Especially end of life decisions. You may need a legal guardianship to take the type of action you suggest in your question.

You need to consult with an attorney. A medical power of attorney generally gives the authority to make medical decisions in acute medical situations when the patient is not capable of making those decisions. Especially end of life decisions. You may need a legal guardianship to take the type of action you suggest in your question.

You need to consult with an attorney. A medical power of attorney generally gives the authority to make medical decisions in acute medical situations when the patient is not capable of making those decisions. Especially end of life decisions. You may need a legal guardianship to take the type of action you suggest in your question.

If you have a Last Will and Testament that states children arent to inherit anything is it possible for that to be disputed?

It can be disputed if it doesn't meet the requirements in your state. You need to check with an attorney who specializes in probate to make certain the will is properly drafted to accomplish what you desire.

In Texas does an heir need an attorney to file a request with the probate court for a review of the executrix's accounting of the estate?

No, but the action is not necessary as auditing the estate is one of the procedures done within the probate court.

Who is appointed administrator when intestate?

State laws vary on who can be appointed the administrator of an estate. Generally, the surviving spouse is favored. If there is none or they decline, a child or other heir at law. Generally, it must be someone who is an interested party. A creditor can be appointed.

Do retirement benefits need to go through probate?

No, retirement benefits typically do not go through probate. The beneficiaries have to be named on the benefits.

Should cancelled debt of the deceased be included in tax filling?

Yes the canceled debt should be included. It is the same as income. Taxes have to be paid on all income.

Can you claim Payment for being administrator of family estate?

Yes. The functions performed by an Administrator can be extremely time consuming. It involves a lot of work. The amount they should be paid is set forth in the various state probate codes.