Probate

If she states in her will that her husband shall receive that account he will. She may leave it to anyone she chooses. If she dies without a will it will pass as intestate property according to the laws of your state. See the link provided below for state-by-state intestacy laws.

There basically two ways, one informal the other more formal. The easiest way is to write to the executor or administrator giving the particulars about the debt and amount owed and demand payment. The more formal way is to presnt the executor/administrator with a "prof of claim". This is just the same type of demand but is made in writing under oath. Generally, debts should not be paid during the first six months after death so you might have to wait a bit. Some states have laws prohibiting early payment.

Both parties of a court case must arrive at court. Other people who may be involved by association only have to show up if they are witnesses in the court case.

In general, the beneficiaries on the CDs and IRAs control over the will. This because the CD or IRA is an asset which by its own nature becomes the property of the named beneficiary. The asset is not the property of the decedent's and a decedent's will transfers only assets in the decedent's name. On the other hand, the rules might be a bit different when it comes to simple joint bank accounts as opposed to ones that have beneficiary designations. In some states, it is possible to challenge a surviving joint owner taking the account.

because they wrote a check or wateva for you so you just get the money gosh be happy that you got the money you shouldn't have got any thing

You can obtain copies from Eternal Word Television Network (ewtn.com) which was founded by Mother Mary Angelica of the Annunciation.

If you don't understand the legal reason for the distribution of your mother's estate you should ask the attorney who is handling the estate to expplain it to you. If you still don't understand or disagree then you should consult another attorney, explain the situation and ask for a second legal opinion. The second attorney can review the law that affects your situation and confirm that the distribution is being done according to the law in your state.

The beneficiary can buy the property from the estate. That means the mortgage must be settled and the price must be market value.

The estate has to file a tax return each year. The taxes are due before the estate can be closed.

Well it depends. Does the step father have a will leaving his estate to only them? Normally, she has a right to his all of his estate as his wife by right of survivorship but not the part he leaves to someone else. So they can not get her half away from her, its hers. And they can't get his half unless the stepfather left his half to them. Half of the estate would be hers as his spouse. Everything they owned together, she would keep her half. Anything she has by herself is still hers. Anything that he had by himself, he could leave to her or to them. In most cases it would go to her first as his survivor and then to her heirs. But, each state has laws about how things are divided up if there is no will.

It really depends upon the contents of a will and how the property is titled under the wording of the deed. Generally property held jointly passes directly to the other owners and is not subject to probate action. In a case such as noted, the deceased share of the property will likely be passed automatically to the surviving owners under the state's Joint Tenants With Right of Survivorship (JTWRS) laws.

No one can prevent you from asking! The executor may decline to answer the question. And there is seldom a way to force them to answer it if the court agrees with them.

The executor will get a Letter of Authority from the court. The heirs should receive a letter indicating that they are listed in the will or are heirs under the laws of intestacy.

If there is a will, the will be followed. In the event that a will has not been made, assets are passed equally among children, parents, siblings, spouse, and grandparents, if no relatives are found, the assets go to the state.

The probate process of any will starts by presenting the will to the court and petitioning the court to open the estate. The judge approves the validity of the will. Many people contact and estate lawyer to help with the process.

You no longer have a legal relationship to a step-child from a previous marriage.

Yes. You should receive a notice that includes the date and time of the hearing.

No. Not unless they were legally adopted by him and then depending on their ages and state laws.

The court will not usually appoint someone to be an executor if they are incarcerated. The court can appoint anyone as the executor and will often appoint a bank or lawyer to take care of the estate.

Answer: Your estate is responsible for all of your debts when you die. The assets don't always cover the debts but any creditor can file a claim against the estate for money you owed them.

This is a question to be answered by looking to the law of the state of probate. Generally (at least in New Jersey) when an executor retains a lawyer to help in the administration of an estate, that lawyer is actually retained by the executor not the estate. The executor is personally liable for the bill; however, the law recognizes that legal help is needed so it allows the executor a reimbursement for a reasonable amount of legal fees. Some states have statutorily fixed amounts. When two executors retain their own lawyers they also are each personally liable for their own lawyers' bills unless the probate court allows the reimbursement. Usually when two executors hire separate lawyers it is because they simply want their own lawyers. A probate court is not going to allow legal fees for duplication of effort by the lawyers. Depending on the amount and type of work done by each lawyer, the probate court will probably allow some but not of the legal fees to be paid from the estate and decide who gets what. If the court does not allow full reimbursement out of the estate, the executors have to pay the rest of their own lawyer's bill themselves.

The first step in contesting a will is to get a lawyer. The second step is to get a copy of the will and read completely through it.

First, has an estate been open with the Court of jurisdiction? If not, then you don;t need to do anything. If there was a probate proceeding opened you will need to check with the court. they will give you all the information you need to close your mother's estate properly.

Not necessarily. Sometimes people have more than one living trust. It depends on what the new trust says and how your assets are titled. Consult an attorney.