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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
Can the executor steal your inheritance?
As you know theft is a crime. You should first call the attorney who is handling the estate. The theft should be reported to the probate court. Carefully and clearly state what you believe to be the executors misbehavior and ask the judge to remove her and appoint a new executor. The executor's bond should cover any loss to the estate caused by the executor.
What does it mean to probate a will?
Probating a will means that the will must be presented to the probate court for allowance. The court will examine the will to determine its validity under state laws. When the will is allowed the court will appoint the named executor who is usually the person who submitted the will for probate. If no executor was named in a will the court will appoint the person who requested the appointment as long as there no are objections. An executor named in a will has no power or authority until they have been appointed by the court.
The court will issue Letters Testamentary to the executor and the letters provide the authority to settle the estate. The executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. The debts of the decedent must be paid before any property can be distributed to the heirs.
Can you apply for letters of administration if the estate has an executor?
If a person dies intestate (without a will) as the sole owner of property then their estate must be probated. A qualified person must apply to be appointed Administrator and will be issued Letters of Administration. The letters give the Administrator the authority to handle the estate property.
(Without these letters you can not do anything with the deceased's property.)
The executor or executrix is responsible for carrying out the wishes of the deceased. They are not, strictly speaking, required to consult the heirs as to the details of this unless the will explicitly specifies that they must.
The answer, therefore, is yes, she can.
If one of the heirs believes the executrix is not acting in good faith, then there are legal remedies for this; they should contact an attorney. Not taking the first offer that comes along is not necessarily a failure to act in good faith, though.
Do biological and adopted children have equal rights to the estate of deceased parents?
The same rights, unless a will states a differently. * In any US state it depends upon whether the person died intestate or if there was a valid Will. There are no laws that require a parent to leave any assets or property to children whether said children are biological or adopted. That being the case a parent(s) can legally exclude any or all children from a Will if they so choose. If the person dies without a Will the state's probate succession laws apply and adopted children are treated the same as biologcial children.
Does a Beneficiary have the right to enter a willed home?
Not until authorized to do so by the executor. The property belongs to the estate and the executor must protect the property.
Does all heirs have to sign to remove executor of estate after trustee passed away?
Only a court can remove an executor and appoint a successor executor. A trust document should provide for the appointment of a successor trustee. If it doesn't the court will appoint one if asked to do so. Those two offices and issues are separate.
What are the executor's fees in Wisconsin?
Sometimes people who make up their Wills will have a clause pertaining to this very subject, but most never do. I have it in my Will for my Executrix. It's generally 1% - 5%, but if you go for 4% - 5% it could be questionable by the courts and reduced. I'd go for an even 3%.
The grantee in a life estate is the life estate owner. If they die the life estate is extinguished and the property is free of the life estate.
However, if you have your terms reversed please review the following. The grantor is the person who owns the property. The owner can grant a life estate and that person is the grantee. If the grantor dies the decedent's heirs would inherit the fee to the property either by will or under the state laws of intestacy. However, the life estate owner retains their life estate and the heirs acquire title subject to the life estate. The life estate owner would still have the right to the use and possession of the property for the duration of their natural life. They would also be subject to any statutory law regarding the obligations of a life estate owner in maintaining the property, paying taxes, maintaining insurance, etc..
The will must be probated for several reasons. The executor of the estate must notify creditors. They must be granted the power to perform such tasks as close bank accounts and distribute the personal property. Most importantly, title to the real property will not pass to the heirs unless the estate is probated.
Can a executor of an estate sell property without the permission of the heirs?
First, the executor must be appointed by the court. The executor must dispose of the estate assets according to the provisions in the Will. It is common for the power to sell real estate to be granted in the Will. If not, then generally, the executor must obtain a license from the court. In some states the executor has inherent power to sell real estate.
Generally, the executor does not need permission from the beneficiaries to act. They derive their authority by their court appointment and under state laws that vary from state to state.
How can you claim unclaimed inheritance money?
Contact the Executor of the estate your inheritance is coming from and advise them that you are aware that that you were named in the will and would like to make claim to your share. If the Executor is unknown to you go to the Clerk of the Court's office and ask to see the file of the probated estate. You should be able to get all the information you need from that source.
Can an executor of an estate not notify beneficiaries of a will?
yes Answer: Not if the estate was filed in the probate court and she was the duly appointed executor. An executor can't operate in secret if the other interested parties are on their toes. That would be grounds for removal and besides that, everything an executor does is public information. At several stages in the administration of the estate the executor must provide proof of service to the court. That means that the executor has to prove to the court that she provided notice of her activities to the interested parties. Also, probate records are PUBLIC records and anyone can go to the probate court and inspect the papers in the file. If you can't go yourself, you could call the appropriate court and to request copies of any documents filed.
Yes. You should be keeping good records of all the payments you have made including each bill and a copy of the check used to pay it. As soon as the property is sold and before the final accounting for the estate is filed with the court you should submit your claim for reimbursement to the executor and the court.
How do you change an executor after will is probated?
They absolutely can not change the will. They do not hold the power to do such a thing. Their only job is to be responsible for and/or carry out the individuals last wishes made within the will in the exact way the will states.
Do joint tenancy properties have to go through probate?
No. Not if properly created for your jurisdiction.
No. Not if properly created for your jurisdiction.
No. Not if properly created for your jurisdiction.
No. Not if properly created for your jurisdiction.
You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.
You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.
You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.
You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.
Is a will still valid after a new marriage?
Generally, in most common law jurisdictions, a will is void if it was made prior to a marriage, unless it appears from the will that it was made in contemplation of the marriage. A new will must be executed after a marriage takes place. It is impoirtant that you check your state laws.
For example see the following section from Massachusetts Statutes:
- The marriage of a person shall act as a revocation of a will made by him previous to such marriage, unless it appears from the will that it was made in contemplation thereof . . . .
How does the court find out when someone dies?
The court is notified of a death when someone petitions to be appointed the executor or the administrator of the estate.
Under which circumstances can the president and congress be sued?
Its called being Impeached, I believe. And yes, they can be impeached. People have done it before. They will be taken to court, like anyone else. First to the House of Representatives and then to the Senate. In Three cases (Bill Clinton, Richard Nixon and Andrew Johnson) They have been charged. Nixon resigned rather than go to court. Johnson's case was One vote short of the Two-Thirds needed, and he was aquitted of the accusation. Clinton was found guilty but was allowed to serve out his term.
~Minicooper Out!
Sorry, Minicooper, but President Clinton was not found guilty. It was a tied vote and so failed. Had it been successful, he would not have been allowed to serve out his term as the point of the vote is specifically to remove him from office.
But the question, as I read it, is about a civil lawsuit. Can anybody answer that?
~Phil O'Shiite
Can an executor witness a will?
No. An executor, onced appointed by the court, has complete and uninhibited access to the decedent's assets. Therefore the executor derives some benefit from the will and should not be a witness. If the other witness should be unavailable to testify regarding an objection to the will the executor as the sole available witness would cause the will to be exposed to challenges.
No, the house is in the name of the one spouse. Which is why you MUST make sure you put both names on a deed.
Do you have to be bonded to be an executor of estate?
You apply to the probate court. They will provide a letter of authority.
What does the term heirs and assigns mean in a deed?
It means the grant is intended to be indefinite. For instance if I grant a right of way to my neighbor Susan to take a short cut via a driveway over my property and do not say "and to her heirs and assigns" then the ROW would die when she dies or sells her property. If I grant the ROW to Susan, her heirs and assigns then the ROW goes on forever. The words "heirs and assigns" were traditionally used in a deed to grant a fee simple estate meaning that the grantee is the absolute owner and can sell the property or leave it to his heirs.
Can a named executor be replaced?
Yes. As long as they still have legal capacity, a testator can make changes to their will by executing a codicil which is a new document that is attached to a will. If the changes are substantial or made multiple times it is better to execute a new will and destroy the old one.
