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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 you go from probate court straight to the bank to withdraw funds that were frozen until probate?

Yes, as long as you have your Letters of Administration or Letters Testamentary.

Yes, as long as you have your Letters of Administration or Letters Testamentary.

Yes, as long as you have your Letters of Administration or Letters Testamentary.

Yes, as long as you have your Letters of Administration or Letters Testamentary.

Does the trust end or must a new trustee be appointed if there are two trustees one of them also being the beneficiary and the other one dies?

You need to review the terms of the trust to determine how a new trustee must/can be appointed. A beneficiary/trustee invalidates a trust in many jurisdictions and may make the trust property vulnerable to creditors. You should contact the attorney who drafted the trust.

You did not know you were executor and do not want to do it?

You can decline the responsibility. The court will appoint another executor.

How can a co-executor collect money from the other co-executor who took money from the estate they were not entitled to?

sue. but do you have proof? depends on the situation. both co-executor have a certain amount of control over estate. was the co-executors directed by a living will or some official documentation? some things get too sticky when there is more than one chief and everyones got their hand in the cookie jar. be more specific with a question. if their more than one person on a bank account, is their someone with a power-of-attorney, does it concern a living will, etc.

What does vest title mean?

Vest means to confer full title to real property. "Title" to real property means legal and absolute ownership. When a person dies owning real property their estate must be probated whether they die with a will or without a will. That is because title to real property, if not transferred by a deed from the owner, must be transferred by a court order. The court decree that allows the probate of an estate vests title to the real estate in the heirs. If the estate is never probated the heirs never gain legal ownership of the property and the result is a cloud on the title.

What is a designee?

It is a person that has been designated. Meaning the person that was appointed to do some task on your behalf.

The teacher designated the boy to hand out the papers.

As the designee, the woman could sign papers on her sister's behalf.

When settling an estate do you have to wait for everything to sell before getting money or do you get funds as they come in?

you must wait until the house sells, and all bank accounts are accounted for, life insurance, and other earnings the deceased may have had. money is not dispersed as it comes in because nobody knows the amount of the estate yet, estate taxes have to be paid first. and if the deceased had unpaid bills, loans, ect. then all that has to be satisfied. once all those things are done, and there are no surprises. then you will receive a letter from the probate court telling you how much all the heirs will be receiving. if there is money left after bills, funeral costs, or unpaid bills. all this can take anywhere from 2weeks to literally years. so hope it all goes fast for you...it should go smoothly as long as there are no objections from other heirs.

Who is responsible for expenses while a home is in probate?

The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.

The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.

The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.

The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.

What are Texas laws regarding intestacy?

Texas law can get very specific as to who has an interest in the intestate estate. Generally speaking, Texas is a community property state and therefore distinguishes between community property and separate property. There are different rules for each type of property. All of the community property belongs to the surviving spouse unless there are heirs that are not related to the surviving spouse. If this is the case, then the spouse will receive one half of the estate while the heirs will have the other half to divide among themselves. If there are no surviving children or heirs then the surviving spouse will inherit the separate property as well.

The General order for distribution is:
(1)spouse
(2)children
(3)parents
(4)brothers and sisters

Will you have immediate access to the funds in an estate account?

The executor will have access to the funds, but only for paying the bills of the estate. Money cannot be distributed until the court approves the distribution plan.

Can life estate be reversed when sold house to daughter the attorney gave mother-in-law a life estate written on the new deed without having the agreement to the life estate signed by mother-in-law?

Your question is extremely hard to follow. Generally a life estate cannot be "reversed". The attorney isn't the one who grants a life estate. The owner of the property grants it in the deed. If the mother-in-law owned the property and conveyed it reserving a life estate for herself it can't be reversed.

Generally, the recipient of a life estate doesn't sign the deed "in agreement". For example, Sally can grant her property to Sheila for life and the fee to Tom and Jerry upon Sheila's death. Sheila wouldn't be required to sign that deed. A life estate isn't considered an agreement.

You should discuss the life estate with an attorney to determine the rights and obligation of both parties.

In Texas does a will have to be probated for property to transfer to heirs?

If a will exists, yes. However, if there are no assets in the name of the deceased to be distributed, then it is not necessary to probate the will. If a will does not exist, the deceased is considered to have died INTESTATE (without a will). In that case, the surviving spouse, or if none, then one of the closest next of kin will be appointed by the probate court as administrator of the estate. The administrator must pay all proper debts and distribute any remaining assets strictly in the manner set forth in the state's laws of intestacy. The state does not take over the estate nor does it take the assets of the estate just because there is no will. Assets are never distributed as the Probate Court sees fit. Nevertheless, since the scheme of distribution in the laws of intestacy might not be what the deceased wanted, (something you will probably want to avoid at all costs) it is best to have a will.

Who is next in line in an intestate estate the step child or niece?

Generally the niece, unless the step child was legally adopted.

Generally the niece, unless the step child was legally adopted.

Generally the niece, unless the step child was legally adopted.

Generally the niece, unless the step child was legally adopted.

What are nc laws when someone dies?

North Carolina law requires that the death of a person be reported to the local registrar within five days. Funeral arrangements must be made by a licensed funeral director, and a death certificate must be filed within three days of burial or cremation. The deceased person's estate may be subject to probate and distribution according to state laws of intestate succession if there is no valid will.

What are Wyoming probate laws?

The probate code for Wyoming can be found in Title 2 of the Wyoming Statutes. The code is much too broad to include here. You can access Title 2 at the link provided below and read it at your leisure.

When my uncle died intestate in NJ with no children parents and unmarried but left surviving a brother and had a deceased sister does her 2 children inherit her share?

Generally, under the laws of intestacy, the siblings would take an equal share in the estate and the children of any sibling who predeceased the decedent. Laws vary from state to state. You can check your state laws of intestacy at the related question link provided below.

Is an automobile considered property for probate court?

An Automobile is titled property. The probate court has to authorize the transfer of title.

Two executors were named in the Letters Testamentary. Does this mean executors must act together all the time?

Generally, that means they must work together unless the will grants the power to act independent of each other. In practice, two executors acting independently of each other is a bad very idea unless they get along and communicate extremely well. Some estate tasks could be delegated to each one of the co-executors but both should sign legal documents such as deeds. Acting independently would make it difficult to maintain records, to do an accounting and to keep abreast of the status of the probate process. However, laws vary from state to state. You should ask the attorney who is handling the estate.

Can an executor pay bills before probate is granted?

It would be difficult to pay bills without a letter of authorization, but if they do, and keep complete records, there is no issue.

Is the executor or executrix legally bound to execute the will as written?

Yes, the executor is legally bound to fulfill all directions in the will. If an executor has a question about the legality of some particular direction (such as scattering cremated ashes in a place where it is not allowed), the executor has the right to file an action in the probate court for what is called "advice and directions". All beneficiaries will get notice of the action and have a right to be heard for or against the issue and the court will decide what the executor is to do.

What happens if your estate debt is greater than assets?

Then the estate is sold to cover the debt, and the "inheritors" are usually hit up for the rest.

Another View: If the assets of the estate are insufficient to satisfy the debts of the deceased... UNLESS any of the heirs actually signed documents obligating themselves for their payment, once the assets of the estate are exhausted they are under no legal compulsion to pay off the deceased's debts.

As executor can you rent out the estate house and use the rent to pay the taxes bills and use the rest as your fee There are four siblings 2 in agreement of the situation?

If the court agrees, yes. It makes sense to use the estate in a way to preserve the property and to liquidate the debts. The other alternative is to sell the house and pay off the debts. Then the balance can be distributed. Consult a probate attorney in your state for specifics and the way to go about it.

How do you legally put an adult child out of the house if one parent agrees to let the adult child stay?

I believe you could get a restraining order against an adult child if he/she is threatening you or your personal property.

How do you get Executor Power?

Generally, in order to be appointed the Executor of an estate you must present the Will to the Probate Court for allowance and at the same time petition to be appointed the Executor.

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