Estates

The requirements of making a valid will vary by state. You need to check your state laws to mak certain your will conforms to those requirements. You should do some research in a local law library and hope you don't make any errors. Technical errors can result in a will not being valid.

Yes.

Short answer - Yes.

Of course, this is dependent on the form of joint ownership, and the details of the ownership agreement.

Yes. You can execute a release of the life estate. That type of action would fall under selling or transferring an interest in real estate. The release should be recorded in the land records in order to clear the title to the real estate.

No, but the probate court has to affirm the distribution plan.

That will depend on whether they had children or siblings. If there are no heirs under the intestacy laws, the state of Tennessee will receive the property.

Yes. An executor may open estate accounts at as many banks as in his/her discretion is proper. In fact, there will be times when numerous banks are an absolute must, such as when the assets of an estate in any one bank exceed the FDIC protection limits. In such a case an executor is wise to remove the excess to another bank to take advantage of that bank's FDIC protection and be sure that as interest accrues, the amount on deposit does not exceed the FDIC limit. Also the estate account need not always be a checking account. Proper administration of an estate dictates that there be a checking account, but there may also be estate savings accounts or money market accounts or even CDs. A sufficient amount of cash should be kept in the estate checking account for the usual expenses, but any amounts not needed in the foreseeable future should be put into an interest bearing account. And since typically an estate is going to take at least six months to properly complete, it is sometimes proper to put some excess estate money in a timed CD, like 3 month or so depending on the situation.

You must petition the court to be appointed his guardian. You should seek the advice of an attorney who specializes in probate.

In order for title to real property to pass to the beneficiary legally, the estate must be probated. The "beneficiary" needs to provide proof to the tenants that they are the new owner of the property. The beneficiary's source of title is the probated will filed in probate court. If the beneficiary wants to have the property conveyed to her/him by deed, that can be arranged through the attorney who handled the estate.

A letter from the attorney who handled the estate would be the appropriate way to notify the tenants of the new ownership. In fact, the tenants should have some official notification of the change in ownership so they know they are paying their rent to the right party. You should discuss this matter with the attorney who handled the estate and get some legal advice about your new role as a landlord.

Yes. If the court suspects that the attorney in fact is unlawfully avoiding taxes, draining the estate, hiding assets, etc., it can and will force the release of records.

She is not the executor until she is appointed by a court. You don't even know if there is a will. The children should get together and petition for one of the children to be appointed the Administrator of the estate as though he died intestate. If she has a will she will produce it to stop the Administration proceeding and she will have to commence a probate proceeding to probate the will. You can check your state laws of intestacy at the related question link below. Your father may have died intestate and that could be why she won't produce a will.

Any lawyer can be sued. However, you would need to have a strong case with substantial enough damages to motivate another lawyer to represent you. You may also need to hire an attorney out of your area.

If you think your lawyer did not perform his/her duty to you in a professional manner then you should start by making a complaint to your state disciplinary board. To find your state board search your state name and "lawyer disciplinary board". There may be a fund from which you can be reimbursed.

There are several topics you could discuss with an attorney who can explain your options and the consequences of the various ways you can protect your property from creditors and judgments.

You should discuss:

recording a homestead exemption in the land records- protection varies from state to state

transferring your property to an irrevocable trust

increasing your liability insurance coverage

Most states require filing of probate as a first step in appointment of the executor, which then gives the executor the power to collect and appraise the property of the estate and liquidate the portfolio for distribution.

It depends on what you mean by "probated." Probate includes the entire process, which can last for years, until all assets are distributed. "Before the will is probated" could be taken to mean "before probate is filed", or "before everything required under probate is completed."


So, technically yes, if the latter, because an executor has the power to do that DURING the probate of an estate. However, if the probate has not yet been filed, nobody has the power, as it died with the owner. Many elderly have ownership of such things placed into joint tenancy with right of survivorship, so that another person can immediately access the funds without probate.

Yes. See Missouri Uniform Probate Code section 474.160. See link provided below.

You aren't the executor of the estate until the court appoints you. If your husband left property standing in his name alone then his estate must be probated. You should seek the advice of an attorney who specializes in probate who can review your situation and explain your options. If your husband left a will you should bring it with you when you meet with the attorney.

No, only the lawful possession of the property, and not ownership, is transferred.

"The personal representative has a right to reimbursement for expenses incurred in managing and settling the estate, and for time spent carrying out those duties. Payment for the latter may equal 2 percent of the inventory value of the estate assets (less any mortgages or liens). Or it may be some other amount the decedent specified, or the beneficiaries agreed upon, or the court approved. If the personal representative is derelict in carrying out duties, the court may reduce or deny compensation. The court also must approve expenses and attorney fees in formal probate proceedings."

See link provided below.

Section 43-8-41 ===Share of the spouse:=== The intestate share of the surviving spouse is as follows: (1) If there is no surviving issue (children) or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate; (3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate; (4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate; (5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter. Section 43-8-42 ===Share of heirs other than surviving spouse:=== The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue (children) of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (2) If there is no surviving issue, to his parent or parents equally; (3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation; (4) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.

That is the beauty of life insurance! With a properly named beneficiary life proceeds are not taxed and they avoid probate.

You will be notified by the person who petitions the court to have the will allowed and to be appointed the executor.

It is possible. This answer first depends on the laws of the state which has jurisdiction over the suit. It then depends on the type of lawsuit it is. Typically, medical malpractice resulting in death is a Wrongful Death action. A Wrongful Death action exists to compensate the dependents of the decedent for the loss of income they would have received during their dependency on the decedent had the death not occurred. The parents of a married son are not dependents, therefore they suffered no loss therefore they have no standing to file a Wrongful Death action. Proceeds of a Wrongful Death action are not payable to the estate of the decedent. However, along with most Wrongful Death actions is what is called a Survivor Action. The Survivor Action is for compensation for the decedent's pain and suffering as a result of the malpractice. Had the decent lived, he would have the right to sue for pain and suffering to compensate him for that. The death of the person does not alter the fact that that action exists, otherwise the doctor would almost be better off if the patient dies than if he lived. The Survivor Action does not die with the decedent. The proceeds of the Survivor Action DO become part of the estate and are available for distribution to the intestate heirs or to the beneficiaries under the will. In the event that the parents are the sole beneficiaries under the will, they would be the ones entitled to the Survivor Action proceeds. The wife would have no standing to bring the action and perhaps not interest in it either. In that situation, the parents could bring a Survivor Action only; but the point is they could file "a lawsuit". In the event that the decedent died without a will, the proceeds would again go to the estate and be distributed to his heirs. Many state laws have provisions that if a person dies with a spouse but no children, then the decedent's parents might also receive part of the estate along with the spouse. Once again, if the wife decides against filing, and if the parents would be entitled to a part of the estate, then they would have standing to file a Survivor Action lawsuit to at least recover their share of the proceeds.

The person who creates the irrevocable trust is the one who appoints the trustee, because it is his or her trust. It is similar to the right of a person to name an executor in a will. The creator of the trust, sometimes called the settlor, has the right to choose a person he trusts (hence the name "trustee") to handle the property in the trust and to carry out the terms of the trust. In the event that the trustee(s) named in the trust instrument are unable for any reason to perform their duties, the named successor trustee will assume the duties. If no successor is named the probate court can appoint one.

In Texas the will should go through probate. That makes sure all the debtors are satisfied and that the will is executed properly. It also makes sure the appropriate taxes are paid.