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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
Who can represent the decedent if no estate is opened?
If there are any assets then the estate must be probated. You need to check the laws of your state to determine who can petition to be appointed the executor or administrator of an estate. Generally, it must be a family member, an otherwise interested party such as a non-related devisee (beneficiary in a will) or a creditor. If no person comes forward and there is property a public administrator can be appointed and the property would escheat to the state.
Yes. An estate that includes real property must be probated in order for title to pass to the heirs. You should contact an attorney in your mother's area to handle the probate for you. It will be up to the court whether it will accept your mother's letter as her will. You may need other examples of her handwriting. The attorney can advise you.
Are wrongful death proceeds part of a NY estate?
In most cases the proceeds belong to the estate. The case may also include other plaintiffs, so it will depend on who brought the case. It will be listed on the first page of the pleadings.
How soon after death does a will get dealt with?
i think its usually right after the funeral arrangements have been made and after the person is laid to rest. seems right since you would want to go and put that person to rest and mourn before dealing with issues that may arise from a will
When an executor of a will dies who replaces them to find lawyer for probate?
The court will appoint a new executor. Consult a probate attorney and they will help you get it resolved.
Where do you find information on benefits for a deceased national guardsman?
My dad was a member of the national guard and was on alert but never went over seas . He spent nine years in the reserve as communications cheif. I am trying to find out if he is intitled to a plaque on his grave saying he was a national guardsman.
How do you settle an estate with no will in Virginia?
The best thing is to consult a probate attorney in Virginia. They will be able to tell you what things are necessary to take care of it.
If your spouse was the owner of the property it will pass to her heirs according to the provisions in her Will. You should be given ample notice and time to move if they want you to vacate the premises. You should only remove your own property, not any property that belonged to your spouse.
You should also check with an attorney to determine if you have any rights of inheritance under the laws in your jurisdiction.
If your spouse was the owner of the property it will pass to her heirs according to the provisions in her Will. You should be given ample notice and time to move if they want you to vacate the premises. You should only remove your own property, not any property that belonged to your spouse.
You should also check with an attorney to determine if you have any rights of inheritance under the laws in your jurisdiction.
If your spouse was the owner of the property it will pass to her heirs according to the provisions in her Will. You should be given ample notice and time to move if they want you to vacate the premises. You should only remove your own property, not any property that belonged to your spouse.
You should also check with an attorney to determine if you have any rights of inheritance under the laws in your jurisdiction.
If your spouse was the owner of the property it will pass to her heirs according to the provisions in her Will. You should be given ample notice and time to move if they want you to vacate the premises. You should only remove your own property, not any property that belonged to your spouse.
You should also check with an attorney to determine if you have any rights of inheritance under the laws in your jurisdiction.
What is executor's fee in Tennessee?
In Tennessee, the estate executor files a petition with the court to receive payment for his duties. The petition includes a description of the assets of the estate along with a description of the services rendered. The estate executor requests an amount of compensation and then verifies that a copy of the petition was sent to all interested parties. The amount of compensation is based on the value of the estate and services provided by the estate executor.
CourtThe probate court in Tennessee presiding over the estate determines the fee for the estate executor. The court decides on an amount which it deems fair, reasonable and appropriate given all the circumstances involved in settling the estate. These factors include the size of the estate, involvement of estate executor in settling the estate and relationship of estate executor to the decedent. The court will also take into consideration any complex litigation involved in the settlement of the estate. If the testator indicates in his will how much the executor should be paid, the court will take this into account, but must set the fee in accordance with state statute.
Reasonable FeesIn determining the reasonable fees presented to estate executors, Tennessee courts take into account the value of the decedent’s gross estate. If the value of the estate is under $50,000 a minimum fee of $500 to the estate executor is considered reasonable. The percentage of the estate executor's fee decreases as the value of the estate increases. For example, for an estate valued at around $1,000,000, the estate executor would receive .5 to 1 percent of the estate's value. For an estate over $1,000,000, the estate executor would receive .25 to .50 percent.
Extraordinary ServicesTennessee courts also take into account extraordinary services when determining fees for an estate executor. Extraordinary services can prolong the administration of an estate and consume more of an estate executor's time. Examples of extraordinary services include sales or mortgages of real or personal property and lengthy contested litigation involving claims against the estate. Complex tax returns or audits by any federal or state agencies can take up more of an executor's time. Finally, the managing or selling of the decedent's business can be a consuming process. Tennessee courts value this extra time and compensate estate executors accordingly.
How do I write a letter to appoint an executor of my estate?
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
Some of the Estate has been divided while in probate Is this legal?
If the fiduciary has been appointed and the period when creditors may file a claim has passed the fiduciary may begin to make distribution, especially of personal property that was specifically devised, as long as there are enough funds reserved to pay claims and costs of the estate.
What does Life estate means if the property in debt?
the specifics may vary, but generally, a life estate means that you only have the property while you live. You can still lose the property, though, if you use it to secure a loan and then default on the loan. Call your lawyer.
How long will you do for violataing probation for public intoxication?
The default is the remainder of the sentence. Being let out on probation is a privilege and not a right.
Can executor borrow money from the estate if they are the sole beneficiary?
Yes. I don't think 'borrow' is the right word, however, as the sole beneficiary will be entitled to the entire estate. An 'advance' would more likely be the correct term.
Can a homestead allowance override a will?
In most cases, yes. The homestead allowance was to insure that the spouse had a place to live and was not destitute. Laws vary from place to place, so consult an attorney in your area.
What if executer of will takes jewelry without asking?
They don't have to ask anyone. If they are taking it for their own benefit, they could be charged with theft, misappropriation and perhaps fraud.
That will depend on what the will says. If there was no will, it will be based on the state's laws of intestacy. There is a good chance you will be entitled to a share of the estate.
What are the distribution of estate funds to a surviving spouse in Virginia?
Virginia Code:
64.1-1. Course of descents generally.
When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course:
First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.
That means the surviving spouse receives the estate unless the decedent had children that were not also children of the surviving spouse. If there are children from a previous marriage the surviving spouse receives one-third.
Answer: The probate would need to be reopened.
If grandmother died intestate her next of kin, in this case her children, would inherit her property. In most jurisdictions the children of a deceased child take their parent's share. If your wife has any siblings they would share their mother's half portion equally. If your wife is an only child then she would receive her mother's half interest. If grandmother owned any property (including bank accounts) in her own name only then her estate must be probated. Title to real property cannot pass to the heirs legally unless the estate is probated.
You can check the laws of intestacy in your state at the related question link provided below.
If the wife was designated executor and now divorced does she remain the executor?
Generally, state laws provide that a divorce decree extinguishes any rights or powers of an ex-spouse named under a will executed prior to the divorce unless the will states specifically that the will is to remain effective even after a divorce. Generally, a divorce decree contains language that releases each party from any and all claims against the estate by the other forever.
The court will appoint an executor. If there is controversy, they are likely to appoint an attorney or bank to serve, which will cost the estate more money.
What rights does the eldest child have?
The eldest son has no special rights over any other child of a decedent whether for purposes of inheritance or right to be an administrator or guardian of an estate or person. All children are considered equal in the eyes of the law.
