Probate

If the decedent died without a Will, the state laws of intestacy will determine who gets what. In general, the wife will get half and the children from the previous marriage will get the other half.

Currently, most divorce proceedings invalidate any previously made will as to the former spouse. And children born after a will is made are usually opted in by rule of law. Again, you will have to consult an attorney in your state.

Before the father dies, no. After the father's death, not automatically, but usually provided as part of the procedure obtaining their consent to probate of the will.

Before the estate comprising a will can be passed on as set out in the will (by the executor) the exact size of the estate has to be recorded, all bills settled and all taxes due on the estate have to be payed (income tax and inheritance tax).

The will (and proof that this has been done) has then to be presented to a probate court (which will keep the original will as a public record) which grants probate on the will.

The probate is a document from the court formally authorizing the executor to sell property, transfer assets etc as set out in the will.

The probate document is sent, along with the executors instructions to the organizations holding the assets. Without the probate document the organizations can not legally act on the executors instructions.

Generally, yes; however you must check the laws of the state in which the guardianship was granted. It is possible (though not probable) that some states grant a short period of time for the guardian to act to preserve the assets until the executor or administrator is appointed. But the guardian would most likely not be allowed to pay any bills that exist at the time of death or make investments.

You may sell your deceased brother's property if you are now the legal owner. You would be the legal owner if (1) he devised the property to you in his will and his will has been duly probated, or (2) he died intestate and you are his only heir and the estate has been duly probated. If the probate process has been completed in either (1) or (2) then you are the legal owner may sell the property. If neither has been done and he had no will then see the answer to the question: Who inherits in an intestate estate?

No not as long you have the authority to act on behalf of that person either by title in employment setting or power of attorney.

A QTIP trust (a.k.a. C trust), which is typically created at the death of the first spouse to die, grants the surviving spouse a lifetime right to the income of the trust (at least annually) while transfering the remainder interest to individual(s) of the grantor's choosing. This qualifies for the unlimited marital deduction even though the spouse does not receive outright access to the assets in the trust. Even though this IS a terminable interest (usually disqualifying the marital deduction), the QTIP will qualify for the unlimted marital deduction since the surviving spouse will be required to include, in his/her gross estate, the fair market value, at the surviving spouse's date of death, the assets of the trust. The assets are taxed later in the surviving spouse's gross estate, but they will pass to the beneficiary of the trust, chosen by the first-to-die-spouse, at the surviving spouse's death.

Assuming there is no other surviving parent, it will be divided among the children and issue of any predeceased children. The eldest son does not inherit to the exclusion of the other children.

No, there is not any liability to notify a sibling in the event of a parents death. In most states siblings need to be notified.

Letters Testamentary, when there is a will or Letters of Administration when there is no will are needed to close out a decedent's bank accounts assuming they are in his/her name alone. This is because banks do not turn a deceased person's money to anyone but the person authorized to take it. Letters Testamentary and Letters of Administration are basically proof of a person's legal authority to handle an estate.

Answer: In some jurisdictions if there is some proof that the account was made a joint account only for purposes of convenience then the assets in the account would become a part of the estate. Many people leave particular instructions regarding joint accounts in their Wills either stating that the account is to go to the joint owner or that it was only made joint for convenience.

Ask them to do simple tasks if you are working with them..if they can't because they suck then there is your answer

Certainly, the will may specify how to reduce bequests. In most cases it is worded so anything left is split equally.

In most states there will be an automatic change to the will. The state doesn't like having children with no support. But you should get a will made particularly if you want to control who takes care of the child after you are gone.

I was told by an attorney to go to the city clerks office in the city where the will was probated. A small fee (He said $6) was required....This was in New York State.

That is true in most states.

No, it does not. Life Insurance is a contract between the deceased and the insurance company. Unless the estate has been listed as the beneficiary, the will has no affect on the policy.

You may be entitled to a share of the proceeds from the sale of your deceased mother's house. You will, however, have to file a claim. Remember that if your mother left any debts, like a balance on the mortgage, the court or arbiter is obligated to weigh heavily in favor of the lender. Any additional debts your mother my have had at the time of her passing will also have to be considered, and claims for loans or lines of credit that were extended to her (and were accepted) will allow another or others to make claims. If you have siblings, they may make a claim as well. It is usually wise to look into your mother's finances to gain a measure of her solvency. If she owed a great deal on her mortgage and for other debts, there may be little "left over" that could be fairly considered as something to be "passed along" to you. A legal professional is usually a good bet in a situation like this, at least for an initial consult. They usually don't charge much upon that first visit. Hit the web, find some pros, and make a few calls. Condolences for your loss.

Of course they do. You can find these at most furniture shops or on some websites. They are expensive though. But if you do not mind the cost, then you should go to the nearest store and ask if they have any.

According to a recent T.Roe Price Study, the average inheritance will last only 76 days before it is gone.

It goes into Probate court and the State decides how it is disbursed.

Your wife's will has nothing to do with your death - if you don't have a will, you will be subject to the intestacy laws of your state, which will determine who gets what. Now, if you die without a will, your wife will get the lion's share of your estate, so that when she dies, what was yours that became hers becomes part of her estate. If you're at all concerned about what is going to go to your children, call an estate attorney and draft a will.

All states require probate. Probate is necessary to insure that debts are settled, taxes paid and that the property is distributed according to the law. Without it things start getting confused and hard to find. A good will will save a lot of trouble!