Probate

The appointment of a named executor or replacement of an executor for any reason is under the jurisdiction of the probate court. The named executor can file a Declination if they don't want to accept the appointment and the court will appoint an alternate. The person who wishes to relinquish the office after appointment as the executor must file a motion with the court to be relieved of that duty and the court will appoint a successor. If the executor dies or becomes incapacitated the court will appoint a successor. If there has been misconduct or breach of duty by the executor the beneficiaries may petition for removal and appointment of a successor.

Yes, if the mortgage is in default.

Yes, if the mortgage is in default.

Yes, if the mortgage is in default.

Yes, if the mortgage is in default.

In a situation where spouses hold property as joint tenants with right of survivorship, the death of one spouse makes the property belong wholly to the surviving spouse (subject to any mortgage or liens, etc.) Any owner of real property can quit claim their interest. So, yes. But a warranty deed (a regular deed) is a better way to go, especially when the property is being passed to more than one person, such as the case here. You want the deed to specify how the siblings hold the property, likely as tenants in common.

No. A beneficiary has no authority to name a beneficiary of another's property. Only the principal can name the beneficiary. Generally, if the primary beneficiary declines to accept the inheritance then the gift will lapse and the property will be included in the estate.

== == Ask to see the change of beneficiary forms. Verify signatures.

The executor is liable for any errors they make in paying debts or paying beneficiaries.

In general, people have a wide range of feelings when a family member dies. Depending on their relationship and experience with the decedent they may feel sadness, loss, guilt, relief, unburdened, released, free, glad, angry, abandoned, vulnerable, and probably many other emotions.

The real estate agent is the person who collects a commission on the sale of the real estate not the estate representative (executor/administrator). Generally a person who fills both roles, attorney for the estate and executor, can charge for both services.

No one has control until the court appoints an Administrator for the estate. Once appointed, the Administrator will be issued Letters of Administration. That document will privide the legal authority to take control of the property. You should contact an attorney who specializes in probate ASAP in order to commence a probate proceeding.

Yes, unless a "trust "was set up along with the will then this person will have to deal with the probate courts. Check out different trusts on-line or call a law firm, the fees are typically low. Good luck Yes, a will must go through probate. Probate is a way to insure that everything gets legally settled. Even with a trust, there can be debts that need to be settled legally to avoid future problems. If there are others, such as children from prior marriages, it can be important to take the legal steps.

An heir to an estate that is in probate can receive an "advance" against his or her beneficial interest in the estate. Because the "advance" only affects that heir's share, it can be done without the consent of the other heirs. Most of these transactions are structured as purchase agreements, not interest bearing loans. The advances are also "non-recourse" meaning that if the heir does not inherit enough to pay off the advance, the heir has no legal responsibility to repay it.

Criminal laws of theft, civil laws of conversion. In any case, any property taken from the estate home prior to inventory must be accounted for before the estate can be settled.

It depends on the wording of the inheritance. If you are already divorced, no, you are not entitled to any of it. If you are in the process, it is an asset that will be divided.

Yes. Until an executor is appointed by the court they have no power or authority. Once appointed they are obligated to settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. An executor who abuses their authority or fails to perform their duties with honesty, integrity and expediency should be reported to the court. They can be removed and replaced and are personally liable for any damages caused by their actions.

It depends on if it is a simple trust (all income must be distributed to the beneficiary(s)) or a complex trust which could be worded in any number of different ways. So essentially it can vary from trust to trust and you would need to have *your* trust read by your accountant or attorney in order to find out how the income is to be allocated.

Unless it is stated in the deed that the mineral rights are reserved in some manner then any mineral rights not previously reserved pass to the grantee.

If you have any questions about mineral rights or you have mineral rights for sale please contact me and I will be glad to help. I have been a buyer of minerals or mineral rights for many years. See my bio page.

That depends on the nature of the mental health issues. The person must have legal capacity. More specifically, at the moment when they sign it they must be mentally capable of understanding what they are doing and the consequences of that action. They must file the objection or complaint in writing with the court. The court may dispose of the matter quickly or inquire further into the capacity of the complainant. Some people with a mental illness may be considered to have legal capacity and it may be up to the court to make a determination. If there is a question the court may want to contact the person's doctor.

You have the right to the use and possession of the property for the duration of your natural life subject to certain obligations on your part such as taxes, upkeep, maintenance, insurance and causing no waste or damage to the property. You should consult with an attorney who can review your situation and explain your obligations in your state.

Creditors have a statutory period in which to file a claim against the estate. If the estate has already been "finalized" then that period must have passed and the creditor is too late. Check with the court.

Whomever obtains the letter of authority from the probate court.

Without bond means that the administrator, executor or trustee is not required to acquire a surety (an insurance policy basically) to ensure faithful execution of fiduciary duties. This does not mean, however, that the court won't require you to sign a personal bond, it just means you won't have to pay for one up front.

A personal promissory note ceases to be valid after the person has died. The law differs from state to state so it is best to check with the probate court or an estate attorney for details.

I am a joint executor of a property that has been left to me and my sister in our mothers will.

Are we qualified to rent out this property on lease, without the need to transfer ownership.

Yes, you can have the court issue a subpoena in a probate case. The procedure for issueing subpoenas vary from court to court across the United States and may even vary within a state from court to court. If you wish to issue a subpoena, you should check with the local Rules of Civil Procedure for the court handling the probate.