Probate

You need to have your parent's estate probated in order for legal title to pass to the heirs at law. You cannot insure the premises until you have legal title. If the premises are covered by an existing homeowner's policy and any damages occur, the proceeds will be paid over to your parent's estate, not you. If there are other heirs you are depriving them of their property and that can cause legal problems for you that may be costly to resolve. If your parent died owing any debts, they must be paid before any property can pass to you. You will be required to publish a notice of death in the local paper.

If someone gets injured on the property you have no protection if they sue since you are not the legal owner of the property. A creditor could open a probate and make a claim against or sue the estate and you could lose the property. On the other hand, if you do things the right way and probate the estate so that you have legal title, you will be able to take advantage of a state homestead protection to protect your primary residence from creditors.

You should consult with an attorney who specializes in probate in your area. You should note that by not doing things properly you are inviting legal trouble that could prove to be costly.

An executor of an estate has the right to appoint an attorney to act on behalf of the estate. The attorney may collect debts owed of the estate, and defend the estate against any claims against it.

Go to the bank with signed proof of the parent's death, and proof that you are the executor of the will, or that you are a trustee if the account/box is in the name of a trust. You should have your parent's safe deposit box key.

The court must be notified of the death and a new executor must be appointed. You should speak with the attorney who is handling the estate.

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You can bring a lawsuit in the probate court asking the court to remove the executrix and appoint another person to handle the estate, usually the alternate executor named in the will. Each state has its own laws setting the basis for a removal. Generally these have to do with the executrix not doing what she is supposed to do, harming the estate in some or failing to obey the terms of the will or a court order. It is not easy to remove an executrix because most courts start with the premise that the acting executrix is the person the decedent has the most faith in. The court strives to uphold the wishes of a decedent. A court will not remove an executrix just because of disagreements or even animosity between her and beneficiaries. There must be some type of wrongdoing or breach of trust involved.

Probate is a general term for the entire process of administration of estates of dead persons, including those without wills, by means of court supervision.

This depends on the state in which the decedent died, so those laws must be checked. Generally, an executor is under a duty to offer te will for probate and begin things as reasonably can be done. However; there is no set time within which it must be done. In other words there is no statute of limitations for probating a will. A beneficiary can force a tardy executor by getting a court order directing him/her to offer the will for probate or at least lodge the will with the court for someone else to offer it for probate. In this sense, in most cases the length of time a delay can be made is up to how long the beneficiaries allow it to go on.

If there are bank accounts, investment accounts, life insurance, real estate or any other property owned by the decedent then the estate must be probated. An executor must be appointed by the court and will be given the authority to transfer the property. For the title to real property to vest in the heirs the estate (will) must be probated.

The executor has specific powers under the laws in every jurisdiction, once they have been appointed by the probate court. The testator can grant additional powers such as the power to sell real property without a license from the court.

Obtain a certified copy of her death certificate and take it with you to the probate court in your mother's jurisdiction. You can fill out a petition to be appointed the Administrator of your mother's estate. There will be a filing fee. The staff will answer any questions you have about filing but they will not provide any legal advice. If you have questions about the legal process od settling the estate you must consult with an attorney.

The executor's fee comes out of the general estate funds, not out of the beneficiaries on a pro-rata basis. But in a practical sense, the residuary legatee is the one who pays the fees, just not directly. Example: An estate is worth $100,000. Debts and expenses are $50,000., of which $10,000 are the executor's fees. The will gives the sum of $50,000 to person A and everything else to person B. After payment of the $50,000 in debts and the gift to A of the $50,000., nothing is left. So B, the residuary legatee has effectively paid the executor's fee.

In some states beneficiaries have been successful in petitioning the court to spread the fees in a more equitable manner when there are limited funds.

This question has two potential answers depending upon whether the executor is the one renting the property or the beneficiary designated to receive it under the will is renting the property. If you mean rented by the executor, it may be at any time as soon as the will is probated and an executor is appointed to act. (Or an administrator if there is no will.) Most states have a statute taken from the Uniform Probate Code that gives the executor possession and control over every asset of the estate during administration of the estate even to the exclusion of beneficiarires who are designated to receive the property. During administration only the executor may rent it out, but the executor retains the discretion to decide if renting it is beneficial to the estate. Thus, even though an executor has the power to rent it out, he or she does not have to do so and cannot be forced to do do by a beneficiary unless a court orders it. If you mean rented by the ultimate beneficiary, the beneficiary cannot rent it out until the executor formally transfers the property from the estate to the beneficiary even if the will explicitly gives the house to that beneficiary. Once it is transferred, it is no longer part of the estate and the executor has no legal right to possession or control, therefore no right to rent it out or refuse to rent it out. The transfer to the beneficiary might have to wait until final settlement of the estate just to make sure that it does not have to be sold to pay for debts or expenses. On the other hand, if an executor is reasonably certain that it is not needed for that, the executor may in his discretion transfer the property before finalizing the estate. I believe it is best to transfer the house as quickly as possible during administration as long as it is clear that there are sufficient liquid assets to pay for everything. That way the executor is no longer responsible for the safety of the asset and he or she has a happy beneficiary.

This depends on the state in which the decedent died, so those laws must be checked. The general rule is that assets in a decedent's name alone may be transferred by the will alone. A will is a document of transfer, except that it operates only upon death. If the spouse has all assets in joint names with her husband, then no probate is needed because the bank account is transferred to the wife by operation of the banking and property laws. Generally, though, even if there is only a single asset, like a car, in the decedent's name, the will has to be probated to give the wife authority to sign the proper paperwork to transfer title.

An executor of a will may be paid for work done on the estate if the will states they are to be paid. Most states will allow expenses to be paid within reason to the executor, but they must show proof.

Yes. You may name co-executors in your will. However, if you do so you should make certain that the two get along well and that your instructions in the will are very clear. You might consider naming an arbitrator, your attorney perhaps, if the two have a disagreement they cannot resolve.

If you live near the court where the probate was filed you can go there and request to see the file. Once a probate is filed with the court it becomes a public record. Some courts have public copiers and you can copy any documents you need. If there is no public copier you can order copies from the clerk. Unfortunately, that's much more expensive with costs generally ranging from $1.00 per page and up.

If you don't live within driving distance you can call the court to inquire about their procedure for ordering copies by mail. To find contact information for a particular court do an online search using the county, state and "probate records".

The executor should operate in the estate's best interests.

Estate lawyers handle estates. An estate is what is left when someone dies. It contains all of the assets and debts of the deceased. The estate lawyer will assist the executor in fulfilling their duties and insure the estate gets settled.

No. A living trust is operative from the moment it is fully executed by the settlor (the person making the living trust). Wills have to be probated, because the maker of the will has died and is not able to identify the document claimed to be his will. The document must be proved (probated) as the proper last will and testament of the decedent before it becomes operative.

If she wants him to own the property when she dies the deed should name Mom and Son as joint tenants with the right of survivorship. If the title is stated that way then when Mom does Son will own the property without having to go through probate. You should seek the advice of an attorney to discuss your options and make the change.