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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
Can children of the deceased challenge a Will in Nova Scotia Canada?
Will challenges can be filed for technical problems that make the Will legally invalid or if the challenger has compelling evidence of undue influence or lack of capacity of the testator. You will not be successful if are simply unhappy with the testators wishes. If you have more questions you should consult an attorney who specializes in probate issues and provide a copy of the Will.
If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.
If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.
If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.
If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.
If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.
If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.
If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.
If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.
If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.
If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.
If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.
If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.
Can a holographic will be contested if it is already in probate?
An estate can be contested until it is closed. You would be well suited to retain an attorney to contest a will. If there is any ability to get you something they will know how.
Your father's estate is responsible for paying the funeral expenses from his assets. The expenses and debts of the estate must be paid before any distribution is made to any of the beneficiaries. Therefore the funeral expenses must be paid before the beneficiary receives her portion from the estate.
If you are the insured you can change the beneficiary at any time as long as it is not an irrivocable beneficiary and there is insurable interest
What fee can an executor of an estate charge in DC?
"Reasonable compensation" is what the law says. Division III - Title 20 Probate and Administration of Decedents' Estates (DC ST 1981 § 20-751).
Typically that would be at the normal hourly rate for the individual performing the work.
How does an executor withdraw the balance of a bank account?
When the Will is allowed and the Executor is appointed by the court "Letters Testamentary" are issued to the Executor. Those Letters set forth the legal authority of the Executor and a copy should be presented at the bank to make the withdrawal and close the account.
My father has power of attorney over my mother if he dies does it transfer to his executor?
No. A Power of Attorney expires immediately upon the death of the principal or the attorney-in-fact unless the Power of Attorney document provides for a named successor.
Should a parent consider their adult child as an equal?
YES! Especially if the "adult child" is not financially tied to the parent or still living under their roof. To call someone "below you" is the definition of condescending. Living your life with hierarchies in mind, can only damage one's relationship with their "adult child" as their move from mother/daughter to friends.
AND STOP BELIEVING EVERYTHING YOU READ ON THE INTERNET. ANYONE CAN POST!
Are Letters Testamentary the same as a Grant of Probate?
Yes. Both give the executor the legal authority to settle the estate according to the provisions in the will.
Yes. Both give the executor the legal authority to settle the estate according to the provisions in the will.
Yes. Both give the executor the legal authority to settle the estate according to the provisions in the will.
Yes. Both give the executor the legal authority to settle the estate according to the provisions in the will.
Does the Executrix need to provide receipts with the first and final accounting of a probate estate?
Good records are an important to all executors. A full accounting should be available if the court should request it.
The will must be adhered to and if not, you can probably create a suit that removes him as the executor of the will and instates someone else (probably a court-appointed lawyer). Any property specifically left to you is yours; nobody can change that by any legal means.
However, if there is no will or if he is deciding how and when to use items or property not included in the will, that is his job as executor;you might make a case that he is not fairly doing so, but otherwise tough luck.
What do you have to do to transfer property to the sole administratrix name?
You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.
You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.
You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.
You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.
I believe if you are the personal representative or executor of the will you would need to contact the life company providing them with original death certificate and probate papers and you ought to be able to find the worth out
If I die Does the executor of estate supersede my husband if his name isn't on the property?
A testator chooses an executor to take charge of and settle their estate after they die. The executor must file the will in probate and must be appointed by the probate court. The executor has no legal power until they've been appointed by the court. The court generally will appoint the executor that was named in the will unless someone files a legitimate objection.
The executor has nothing to do with your husband's right to inherit from your estate. If you die owning property in your own name, and you don't live in a community property state, the property will be distributed according to your will, or, if you have no will, it will be distributed according to the state laws of intestacy. You can check the laws of your state at the related question link provided below.
Can a beneficiary use property as collateral if other beneficiaries don't agree?
The executor is the only one that can use it for collateral. It is a big risk, but some will be willing to loan money on probate.
Are stepchildren acknowledged as heirs in estates in Nebraska?
No. Not unless they were legally adopted by the decedent. See link below for the laws of intestacy for Nebraska.
No. Not unless they were legally adopted by the decedent. See link below for the laws of intestacy for Nebraska.
No. Not unless they were legally adopted by the decedent. See link below for the laws of intestacy for Nebraska.
No. Not unless they were legally adopted by the decedent. See link below for the laws of intestacy for Nebraska.
Is a will the same as a sale deed?
No a will is not a deed. However, a probated will can transfer legal ownership of real property without the need of a deed.
No a will is not a deed. However, a probated will can transfer legal ownership of real property without the need of a deed.
No a will is not a deed. However, a probated will can transfer legal ownership of real property without the need of a deed.
No a will is not a deed. However, a probated will can transfer legal ownership of real property without the need of a deed.
Is there a time frame after the final judgment in probate for the assets to be distributed?
The distribution should be made as soon as the final judgment is issued.
The distribution should be made as soon as the final judgment is issued.
The distribution should be made as soon as the final judgment is issued.
The distribution should be made as soon as the final judgment is issued.
Can you force a executor of a will to sell house when he is being unfair?
Possibly if the "unfairness" violates the executor's duties -- you'd have to petition a probate court and if the will hasn't been probated you might have to have the estate opened. There are different procedures in different states.
Say you have a wife and three grown children. The children are Joe, Sue, and Bob. You have a per stripes provision in your will. Bob has a daughter Jane. Bob dies. When you die, because you have the per stirpes provision in your will, Jane gets Bob's share. Since it is so easy to add two words to your will, there is no reason not to add them.
Can there be only one co-executor?
No, in fact, you can have as many co-executors as needed. However, as you can imagine, the more co-executors you have, the more complicated administering the estate becomes. I always suggest that only one executor is named, followed by an alternate executor if the original executor cannot act, or has pre-deceased the testator.
Plenty... there is a whole body of law called "Equity" that grew out of precedent and became formalized in the UK, to protect the rights of beneficiaries, especially minors, incompetents and family members where there is no will written, or in contested wills and such. The law of many countries seem to follow English law on most general issues.
To answer your question more specifically, are you a named beneficiary of the will, and are the items listed in the will per se? Are the items gifted to anyone specifically in the will, if not the items in question would presumably become what is known as residuary items and usually the residual items are proportionately spread amongst the multiple beneficiaries or given to the only beneficiary. Note however that in the calculation of the residual items, monies must first be deducted for estate taxes, debts, fees and expenses of the administration. If no money is available, personal items such as paintings, furniture etc could be sold to pay the estate's expenses.
Any grievance on your part should be documented at the first opportunity and in the US you could discuss this and document your grievance with the District Attorney, or taken to a family or probate court (in USA) or in England to chancellory court.
If the executor has taken action but say only after many years (eg 5 years after the death of the settlor), your case would be weaker. If the executor acted in concert with the other executors your case would be weaker. If the executor did this action without contacting any beneficiaries, your case becomes much stronger. If the executor gave items to non-family persons, and you are family, your case becomes strong. If the executor gave items to family members who are equal to yourself in relationship to the deceased settlor, (eg. you are one of many children) your case is still a good one, as you should have participated in the sharing.
