Estates

Executors must be appointed by the court and then perform their duties under the supervision of the court. You need to appeal to the court for a ruling if the two of you have equal power and cannot agree. You must state all the pertinent facts in a motion and the reason the sale of the real estate would be in the best interest of the heirs. The court will issue an order that must be followed.

On the other hand, if one of the heirs wants to keep the property they must buy out the interests of the other heirs.

The exector's responsibility to the estate, not the beneficiaries. They are accountable to the court for executing the will and the laws.

if you and your wife or husband are divorced , then you go to court and get it all settled

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In most cases- yes. It depends on the details. Some testators have a long, trusting relationship with their attorney and nominate their attorney as the estate representative in their Will. It is not ethical for an attorney to use undue influence to manipulate the testator to naming them. When the family has a genuine concern about the nomination they can file an objection and explain their reasons to the court before the appointment has been made. If the court finds the objection to be reasonable it can appoint someone else.

A person has the inherent right to choose their own attorney-in-fact and to choose their own executor in their will. You have no right to participate in those decisions unless the person is not legally capable of making such decisions. If that is the case then you need to bring your concerns to a judge.

You would have to get the deed and have an attorney put all of the children's names on a new deed. This would give each of you title to your father's estate.

quit claim deed prevails

The deed is invalid and there was no transfer of the owner's interest. The matter must be resolved in court if the proceeds were turned over to the person claiming to have power of attorney. That is why smart buyers arrange to have the title examined and verify who has power to sell when the owner will not be signing the deed in person.

The deed is invalid and there was no transfer of the owner's interest. The matter must be resolved in court if the proceeds were turned over to the person claiming to have power of attorney. That is why smart buyers arrange to have the title examined and verify who has power to sell when the owner will not be signing the deed in person.

The deed is invalid and there was no transfer of the owner's interest. The matter must be resolved in court if the proceeds were turned over to the person claiming to have power of attorney. That is why smart buyers arrange to have the title examined and verify who has power to sell when the owner will not be signing the deed in person.

The deed is invalid and there was no transfer of the owner's interest. The matter must be resolved in court if the proceeds were turned over to the person claiming to have power of attorney. That is why smart buyers arrange to have the title examined and verify who has power to sell when the owner will not be signing the deed in person.

An estranged wife is still married and has all the legal rights that inure to a spouse. Your legal status is not changed by living apart, only if the marriage is legally dissolved by a divorce. You are legal next of kin to your husband.

If the man and woman owned the property as joint tenants with the right of survivorship then his interest automatically passed to her when he died. His children would have no interest in the property. She is now the sole owner.

Yes. If you owned the property with your mother as joint tenants with the right of survivorship then sole ownership passed to you when she died. She could not dispose of her interest by will. IF the property is mentioned in her will the gift would be null and void because the property was not part of her estate.

An Administration should be filed as soon as possible since the property is in the decedent's estate. Title cannot pass to the heirs at law until the estate is probated. Property taxes and municipal charges will accrue and must be paid to avoid a tax taking.

In many states notification is a requirement in order to open the estate. Along with the will, paperwork showing that all the beneficiaries have been notified, or an attempt has been made to notify them has to be filed with the court. If they have been unsuccessful, the judge can require them to show how the rights of those individuals is going to be protected until they can be found.

Generally, the children will share equally. State laws vary. You can check the laws in your state at the related question link provided below.

Typically a will must be filed -- usually in court. Whether you need to actually open a probate estate, however, depends on the size of the estate and who the heir is. For example if the estate is very small and the heir is an adult, the state may have a procedure that simplifies the process. If the estate is large and the heir is a minor, however, as another example, full probate may be required.

No. Someone should petition the court to be appointed the conservator of the elder and their property. Once appointed, the conservator would have the authority to take possession of the property and manage it on behalf of the ward.

Yes, all assets of the deceased account towards their estate.

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You don't need to do anything. The deed on record shows that you are both owners as husband and wife, meaning most likely tenants by the entirety. This is like joint ownership with right of survivorship. When one spouse dies, the surviving owner automatically becomes the sole owner. No new deed is needed to confirm ownership in the surviving spouse. If you are selling that house, all you need to do to prove you are the sole owner is to produce a death certificate and sign what is called an affidavit of title, which among other things, confirms that you were married at the time of death of your spouse.

They may be entitled to a portion of his estate under the state laws of intestacy. You can check your state laws at the related question link below.

Power of attorney does not apply to an estate. If he is executor, he is not required to share information with anyone but the court.

No. If your sister/brother have the deed and the house has been signed over to them then it's theres. If your mother is still living and of sound mind, there is a possibility of her changing that (dependening on the circumstances.) If your mother has passed on then you can "contest the will" and this means you feel things are unfair. You have a right to see the Will and perhaps your mother has requested that the house/property have been sold and divided equally amongst her children. Often siblings can take full advantage of the elderly parents and it's called greed. Some siblings will take over as Power of Attorney to protect their elderly parent(s). This gives you the right to pay their bills, watch over medical expenses, etc., but as far as the Will the laws basically stop there as Power of Attorney. I suggest you get legal counsel on this problem and get to know your rights.

If the testator owned any property in her/his own name at death the estate must be probated. If the testator left any bequests to any other heirs it is illegal for the surviving spouse to withhold the will from probate.

If all the property owned by the couple was jointly owned with the right of survivorship and there was no personal property devised to any other heirs then the estate need not be probated.

If you're not sure you should consult with an attorney who specializes in probate who could review the situation and determine what your obligations are.