Estates

Briefly, the will needs to be presented to the probate court for allowance. By that process the court will appoint an executor and from that point on the court will have jurisdiction over the estate. The executor will be obligated to follow the provisions in the will and you will have the legal right to monitor the probating of the estate. No one has any power to act until the will has been probated. Title to the property does not pass until the estate is probated.

Wiglaf

That will depend a great deal on the situation and the specific life estate grant. In most cases, the sale of property is always a taxable event, but there may be an exception depending on the grant.

Most states have executor fees of 2-5%. Connecticut law does not state these fees, and only states what is reasonable compensation.

Being named the executor and the beneficiary, and then signing as the witness would leave the will vulnerable to challenges. A beneficiary is often named as executor in a last will. Generally, you should not be a witness or notary of any written instrument from which you will benefit.

However, in Virginia it may be legal according to the following section: § 64.1-51. Interested persons as competent witnesses. No person shall be incompetent to testify for or against the will solely by reason of any interest in the will or the estate of the testator.

You should check with an attorney in Virginia who specializes in probate.

I need correct forms to file in probate court by a relative against the executer oa a will?

An heir is the person entitled, by reason of relationship, to receive an intestate (without a Will) person's estate after their death.

It is also the term for a person who inherits under a Will (weather a relative or not).

In the United States a minor child is entitled to a portion of a deceased parent's estate. In some states an adult child is entitled to a statutory portion of the estate of a parent who died intestate. Any child who is next-of-kin to someone other than their parent would be entitled to a share of an intestate estate. You would need to be more specific and check your state laws.

The IRA is usually treated seperately from the total Estate if there is no Power of Attorney on the documents so it's highly unlikely that the executor would get a percentage unless the heirs agree to it. * No. In the US, the executor or administrator of an estate is only entitled to the percentage allowed by the laws of the state probate court.

Of course they can! Any creditor can place a claim against the estate. That is how they get paid the money the are owed.

You need to consult an attorney who specializes in probate in your area who can review the situation, the first probate proceeding and the will, and explain your options, if any.

The judgement should be resolved before the property is transferred. If there are not enough assets to cover it, the property would have to be sold to pay the judgement. If someone wants the house, it might make sense for them to pay it to keep the property.

In the states I'm familiar with, as long as the executor is providing the proper reports and managing the assets, there is no limit on how long an estate can be open. If beneficiaries complain, or the state is the beneficiary, the probate court can appoint a new executor to resolve the issues.

If the testator has already died the court will supervise and the costs will come out of the inheritance. A guardian or conservator must be appointed who will act under the supervision of the court on behalf of the ward. In fact, that person may already have a legal representative since they are legally incapacitated. If they don't then one should be appointed. In any case, there must be an arrangement where a trustworthy person is appointed and the court supervises. The funds should be placed in a trust.

However, estate planning that includes a person under a disability should be done well ahead of time. When someone has an heir who is disabled estate planning is crucial. You should consult an attorney who specializes in estate planning and special needs trusts. A testator should devise the incompetent's portion to a trustee. It should never pass to the incompetent person's estate.

Any disabled person who gets extra money from friends or family to help pay for their care and other needs and who is receiving any state or federal assistance needs a special needs trust. An inheritance should go directly to the trustee. Otherwise the person may lose their benefits and the inheritance will have to be spent down until it's gone. Then the person must reapply for financial assistance. An inheritance can cause considerable damage if not arranged properly.

An Executor settles an estate when the decedent had a will.

If there is no will the estate must be settled by an Administrator. Any one of the decedent's children can petition the probate court to be appointed the Administrator of a parent's estate. The property will pass to the heirs at law according to the state laws of intestacy after the debts of the estate have been paid. The Administrator settles the estate under the supervision of the court. You should consult with an attorney who specializes in probate law who can review your situation and explain your options and the costs of probate.

If the estate contains enough assets to settle all of the debts, they can. Also, the executor is, by law, entitled to be paid for their time. The rate is often set by law and the probate judge has to approve the distribution. If they have properly documented their time, it is reasonable to bill the estate and collect it.

You need to check your details. An executor doesn't manage a trust. If property is in a trust it is not part of an estate and it's managed by a trustee. The instrument that created the trust sets forth the powers of the trustee even when the trust is set forth in a will. Those powers usually include the power to sell real estate.

Generally, an executor cannot sell property unless they have filed the will for probate. Then, generally, to sell the property the executor must be given that power in the will or issued a license to sell real estate by the court.

Absolutely. Every base has a legal office. The Army calls it a "JAG". They can help any servicemember, and even dependents with legal documents such as a will or trust.

In order for title to real estate to pass to the heirs the estate must be probated. Until it is the property will remain in the estate and can't be sold, refinanced, transferred or mortgaged. It cannot be insured because the deceased owner can't apply for insurance. If you don't notify the insurance company the owner has died it may refuse to pay if there is a claim made for fire damage, storm damage, injury, etc. If the property is uninsured and someone is injured on the property they can sue the estate and may become the new owner.

In a will or trust, a general power of appointment allows the holder to use discretion to distribute the property. A limited power of appointment limits the distribution to a named class. With regard to trusts, a trustor who retains a power of appointment also retains ownership in the property for tax purposes, probate purposes and in the case of attaching creditors. You should always seek the advice of an attorney who specializes in wills and trusts for the drafting of an instrument that will both meet your needs and federal and state legal requirements. You may read more about powers of appointment at the link provided below.

When a person dies intestate (without a will) the court must appoint an Administrator to settle the estate. The court's first choice would be the surviving spouse. If they cannot serve any child can request appointment as the Administrator. The family should get together and agree on one person who has the best communication skills, organization skills, intellectual skills and integrity. You should consult with an attorney who specializes in probate law.

An EXECUTOR is named in the case of the existence of a will. (testate)

An ADMINISTRATOR is named by the court in the case of no will (intestate)

The will of the deceased (if it exists) will be the guide which the court follows.

There is no limit to the number of executors a testator may appoint in his/her will. See the related links below for the procedures when there are more than one executors and what happens when one of several executors dies, is removed or resigns.

Your property needs to be removed prior to the sale. Once the property has been sold you have no right to enter.