Probate

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.

When a person dies without a will then his property passes according to the state laws of intestacy. Generally, if your brother had a surviving spouse and/or children they would be first in line to inherit. If none then parents would be next. If none then his property would be shared by his siblings and/or the children of any deceased siblings.

You can check your state laws at the link below.

Yes, the executor certainly may charge for their services. The amount must be reasonable and approved by the court.

A Power of Attorney has no relationship to the estate. A Power of Attorney automatically ends at the death of the grantor.

The will names an executor who will be responsible for the administration of the estate.

If there is no will, the court can appoint an executor. If there is no family member that all the beneficiaries agree can be the executor, the court will appoint a bank or attorney to serve as the executor, at the appropriate fees, of course.

Consult a probate attorney in your state or country for further information.

The executor named in the will or the administrator appointed through the court if there is no will is in charge of the estate after death. The power of attorney has no effect once the grantor dies.

If there is a will, then the beneficiary gets the money. If there is no will all the children of the decedent get an equal share of the money.

No. Unless you agreed in writing to be responsible for your mother's debts, her estate will be responsible. If there is no estate the creditors are out of luck.

Generally, no. An executor has no authority until the will has been submitted to probate court, proved and allowed, and the court has officially appointed the executor. Once a will has been filed for probate it becomes a public record and anyone can go to the court, request the file and review the will and any other filings. An executor should not be secretive about a will or their actions in settling the estate.

A will needs to be filed with the probate court. That provides assurances that the estate will be properly administered and taxes paid.

You must hire an attorney to be sure about laws in your area. I am not an attorney. I do know that in most places wills are under the authority of probate court. If I had what I believe to be an authentic copy of the will, I would do one of two things. I would go to an attorney, or I might try contacting someone at Probate Court and report what I believe to be an irregularity in the handling of this particular will. They would probably tell me to hire an attorney. The process would probably be a little different if the items in dispute were left to you in the provisions of a Trust. Probate court would probably not come into the picture. Best bet: contact an attorney.

Unless there are instructions in the will they should be turned over to the heirs-at-law and next-of-kin. (Who would take them under the "estate" anyway.)

Generally, a will made while married is made invalid by a divorce for any provisions made for your spouse.

Generally, a will made while married is made invalid by a divorce for any provisions made for your spouse.

Generally, a will made while married is made invalid by a divorce for any provisions made for your spouse.

Generally, a will made while married is made invalid by a divorce for any provisions made for your spouse.

An Executor signing a legal document for an Estate must include "Executor, Estate of...." Also, as Executor, you may have to request various information (non legal)in writing, and must include Executor, Estate of with your signature. Some info may require proof of your appointment as executor in the form of Letters of Testamentary. Some may also require including a copy of the Death Certificate.

Certainly! One of the primary responsibilities of the executor is to maintain the value of the property. They also must inventory and properly sell or bequeath the items in it. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. Consult a probate attorney in your jurisdiction for help.

Title to real property.

A personal reperesentitive only represents you where as the public one represents the whole community

The executor should be involved. As the estate they have to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.

You fill out the appropriate forms and submit them to the court. In most cases the court has a packet or web site that can provide all the forms and instructions.

Ten counties in Texas have established Statutory Probate Courts - Bexar, Collin, Dallas, Denton, El Paso, Galveston, Harris, Hidalgo, Tarrant, and Travis. Some of these counties have more than one Probate Court; there are 18 Statutory Probate Courts total in Texas.

That does not mean that only 18 courts in the state hear probate cases! In counties without Probate Courts, probate matters (such as wills, estates, and guardianships) may be heard in District Courts, County Constitutional Courts and/or County Courts at Law. In some counties, a County Court at Law may be referred to as a "County and Probate Court," but unless it is in one of the counties listed above, it is not officially a Probate Court.

To find out more information about the Statutory Probate Courts in the counties named above, and for online court resources, visit the Texas Courts Guide related link.

If they are the sole possessor, yes, they have the absolute right to choose who gets it next by explicitly stating so. However, if they do not define the heir to the estate (via a will or otherwise) then the estate is divided amongst all immediate family according to law.

There is no executor until one is appointed by the probate court. You need to petition the court that appointed your oldest brother as executor and request he be removed and a successor appointed. Then, the estate should be settled and the property distributed as provided in the will.

A letter of administration allows the executor to represent the estate. It gives them permission to sell property, open safety deposit boxes and mail on behalf of the estate. Without them, there are lots of legal problems.

The executor must file both an inventory of the estate assets at the beginning of the probate procedure and a final account at the end. You can visit the court and review the file at any time.

Yes, a will has to go through probate. That insures that the will is properly executed. It also makes sure that taxes are properly paid.

That is the purpose of going into probate. It allows assets to be legally transferred.

You will receive 1/10 of the proceeds of the sale. Or you can buy the others out for 9/10 of the value of the property.