Probate

Some courts will examine the account and hear testimony. Many older people place one child's name on a joint account for purposes of convenience only, not intending for that one child to inherit the account. The court will hear evidence from the respective parties each trying to convince the court to render a decision in their favor. The court will consider the size of the estate, the number of children, whether other property was devised to the other children, whether the joint holder paid bills for the decedent from the account, whether the decedent mentioned the disposition of the account upon her death. The superior evidence will usually win.

Some courts simply treat a joint account as a joint account and award it to the survivor.

If two of the beneficiaries want to keep the property then they should try to work out an agreement with the remaining beneficiaries to buy out their shares for a fair price.

However, the executor may have the power to sell the real estate. The testator often gives that power right in the will. In that case, the executor may sell the property without any license from the court. If the power to sell was not granted in the will the executor must apply for a license to sell the real estate. The two beneficiaries may object to the sale. However, they should be prepared to offer an alternative since five of the beneficiaries do want to sell. Unless they offer to buy out the other beneficiaries the court is likely to issue the license to sell.

The first step is to preserve the estate, then inventory, document and value all of the assets. Determine all of those that are owed money and clear all debts from creditors and all taxes. Once those are resolved, the distribution according to the will or the intestacy laws of the state.

You are notified by the court, or your probation officer, that you have completed the term of your probation and (in my experience) given a 'certificate of discharge' from probation. Of course if your jurisdiction differs from this procedure, contact your PO and simply ask.

Guardians are not appointed for persons who have died. I assume you are actually inquiring about an Administrator of an estate. If a person dies intestate (without a will) and owns property, their estate must be probated. A family member should petition to be appointed the Administrator of the estate.

A deed does not stop probate from taking place. If the deed had a right of survivorship, then it might prevent the house from going into probate.

A bond entity is when I put my dong in your pooper and pull it out really quick basically making your pooper inside out giving it the effect of a pink sock hence the name "pink sock."

The mother's estate is responsible for settling all debts. The house will likely have to be sold and the proceeds used to pay the hospital bills.

Upon contract a beneficiary and secondary beneficiary are chosen. A sibling can refinance only if their name is initially included on the trust property's contract. If they are not secondary beneficiary, it is very difficult but not impossible if primary beneficiary can not comply.

Generally, yes.

You can file a claim against the estate. It would help if there was a written agreement.

First, remember that the executor must be appointed by the court. A person named in a will is not the executor until the will has been reviewed by the court and the court has appointed the executor. If an executor is not carrying out their duties the heirs should complain to the court immediately and ask that the executor be replaced.

You are not an executor until you have filed the will for probate and been appointed by the court. You may resign by filing a resignation with the court. The court will require that you file an account and will appoint a successor.

If there are no assets to be probated he can withhold it. If you think he is withholding it unreasonably, then open up probate yourself so the judge can ask him to produce it for court.

It should be done as soon as possible.

If you evict him properly after consulting with landlord/tenant eviction attorney. Are you going to then sell the property and split money with the heir?

Don't understand the question. ALL wills must be filed for Probate. If they aren't, then the property passed on by the will has not been inherited legally.

A will must be probated so the court can rule the will is technically valid and can appoint the executor. No one has the legal right to act as the executor until they have been appointed by the court and issued letters Testamentary. Title to real estate will not pass to the heirs until the estate is probated.

yes because they have to write and read to win the case so they can get paid alot yes because they have to write and read to win the case so they can get paid alot

The decision to allow the executor to modify an existing mortgage is up to the lender. The executor could refinance the property with a new mortgage if allowed by the court.

No, Vermont has not adopted the Uniform Probate Code. As of 2009, 18 states have adopted it, but most states have made changes in various parts of the Code. Vermont has adopted some aspects of the UPC, such as the Uniform Principal and Interest Code, Uniform Simultaneous Death Code and other portions. Check Title 14 of the Vermont statutes for the full probate code of Vermont.

If the period during which creditors can make a claim has passed, generally, the heirs can submit a motion to the court to compel the appointed executor to make distribution. The executor has a legal obligation to perform all their duties in a timely manner. If the executor isn't doing that then complain to the court or to the attorney who is handling the estate.

If a grandparent has applied for guardianship of minor grandchildren because parents are deceased, can the children state that they don't want to live with the grandparent even though that would be in the childrens best interest

It belongs to the other person on the title.