Estates

The court appointed executor has the responsibility and the authority to settle the estate according to the provisions in the will, the probate laws and the laws of intestacy. However, if 11 of the heirs disagree with a decision the executor has made then they should submit a motion requesting that the court hear their objections and issue a ruling on the matter.

No. As the executor of a will, your role as executor is not triggered until the party who named you executor dies. If the parent is still alive, you'd need a power of attorney (document) naming you as the power of attorney to make decisions for the parent in the event that the parent is incapacitated or incapable of making decisions on his or her own behalf.

In our state, the will is never read like you see on TV. In basic terms, a probate case is filed, an administrator appointed, and terms of the Will are carried forward if there is a Will.

No one automatically becomes an executor. The executor must be appointed by the court. The first executor will need to be removed by the court and a successor must be appointed. However, the court will do nothing until a petition is filed requesting the changes.

Every estate 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.

The share bequeathed by your father to your brother upon your fathers death becomes your brothers rightful heirs to his estate even if he didnt have an estate when he himself died the heirs to his estate are his children unless specifically stated otherwise in his will if your brothers mother is still alive then she will be entitled to her entitlement but if the father had remarried and his spouse is still alive then she has no legal entitlement to anything If son did not have any descendants or a spouse, then the property will be distributed according to intestacy laws for that state, most likely the daughter will get it all. If Father has a surviving spouse, they are going to be entitled to a share, if not all of it. If the son did have a spouse or children, then an estate should be opened to distribute the share.

The accommodation mortgagee is someone who has loaned additional monies for repairs, maintenance and so on of the property. You would need a written consent for the property to be refinanced, as well as including that additional funding in the loan. Check with the title company.

New Answer:

Any mortgagee would need the mortgage executed by all the owners.

In Washington state, if a home owner dies and leaves his/her mobile home to another and the heir is denied occupancy of the mobile home park, the mobile home will have to be moved. Other options would be to sell the mobile home to persons approved by the park, or to rent to approved persons.

It depends. Did you leave a will? Was there a TOD on the title to your car? Either way, the debt will have to be paid otherwise the lender will being repossession proceedings. The short answr is that until the estate is squared away, the estate owns it. Part of the duties of the personal representative (executor) is to pay off debts, including the vehicle. Once the debt is paid, the car can go to whomever you designated to receive it. Some documents though will say that property will pass with the debt still attached.

yes

Jacqueline Kennedy Onassis lived on the western end of the island of Martha's Vineyard in an area known as Gay Head. Her estate was named Red Gate Farm and is also near Menemsha Pond. The traditional weathered gray saltbox style house was designed by famed architect Hugh Newell Jacobsen.

The rates of compensation of executors are fixed by the laws of the state in which the will was probated. Generally, executors get a percentage of the "corpus" and of the "income" of the estate. "Corpus" means the assets of the decedent at the date of his death. "Income" means interest, dividends, rents, etc earned by the corpus after the date of death. You must check the probate state's laws for the actual percentages AND what types of property qualifies as "corpus". For example, at least in New Jersey an executor might, in certain circumstances, not be entitled to commissions on the value of, say, real estate that passed to a joint owner.

Creditors are always paid according to their priority before any inheritance is distributed to beneficiaries named in a will or entitled by probate succession laws. Depending upon state laws and individual circumstances, some property and assets may be exempt from probate procedure and cannot be used to pay the deceased debts.

A decedent's legal heirs-at-law and next-of-kin are determined by the state laws of intestacy for purposes of inheritance. You can check out your state intestacy laws at the related question link below.

The names of all the known next-of-kin must be listed on the petition for administration by which some qualified person petitions to be appointed the Administrator of the estate.

When a will is presented to the probate court for the appointment of the Executor the petition for probate must list the names of all the next-of-kin even if they are not named as beneficiaries under the will.

No. That would be appropriate in many situations when one person has been extremely close and helpful to the testator in life. The power of attorney is extinguished upon the death of the principal.

No. That would be appropriate in many situations when one person has been extremely close and helpful to the testator in life. The power of attorney is extinguished upon the death of the principal.

No. That would be appropriate in many situations when one person has been extremely close and helpful to the testator in life. The power of attorney is extinguished upon the death of the principal.

No. That would be appropriate in many situations when one person has been extremely close and helpful to the testator in life. The power of attorney is extinguished upon the death of the principal.

sure but your going to have a hard time...get a good lawyer

Yes, e-mail can be considered a form of business correspondence when the e-mail is written to someone in a business or when representing a business.

The executor has no power over the beneficiaries. The executor is responsible to the probate court for the administration of the estate. They must make a full accounting to the court.

They have breached their fiduciary duty. They can be held liable and prosecuted for theft.

Check your state to see if they have a statutory will form. This can be filled out and witnessed like any other will and doesn't cost anything. The next thing to find out is if your state has a holographic will provision. This means you can write it out in your own handwriting, date it and sign it and it will be legal. The other option is to buy a 'Make a Will' kit at you local bookstore.

You can resign in writing and the principal can appoint another attorney-in-fact.

If the will gives the jewelry to the children of the deceased, then they all own all of it equally, meaning no one person is entitled to or may choose any particular item. Some will give the executor the authority to use discretion in giving out specific items to individual beneficiaries. In that case the executor's decisions are final unless that discretion has been abused or not exercised for the equal benefit of all beneficiaries. If the beneficiaries believe that the executor will in the future distribute the items unfairly, there is nothing that can be done. Yet. A court will not take a case on a supposition that something wrong will be done unless there is proof that beneficiaries will suffer some irreparable harm if they have to wait until distribution is made. An example would be if the executor intends to send a family heirloom to someone out of the country and beyond the jurisdiction of the court to get it back. If te executor has made known a plan to distribute jewelry unfairly, beneficiaries can informally tell him they are against it and he should not make distribution. This usually works because an executor does not want to get entangled in litigation in which he might be hit with a damage award that he has to pay out of his own pocket or suffer a loss of his executor's compensation for not doing the job right. If distribution has been made, a lawsuit may be filed in the probate court alleging the unfair distribution and demanding the return of the items, the removal of the executor, the forfeiture of all compensation and payment of money damages by him/her personally. If no agreement can be reached on distribution of items (a common situation) the executor will propose an auction of the items and the proceeds of the auction instead of the jewelry will be distributed to the beneficiaries. This is a common problem because jewelry has both a monetary and a sentimental value. Plus, there may not be enough pieces to go around. And of course the big question usually is Who gets mom's diamond ring? In the end, a court will disregard sentimental value and distribute the jewelry in the only way it can. That is by selling it and giving out the money.

Consult a probate attorney immediately. A surviving spouse has preferred status and may be automatically eligible for a certain portion of the estate depending on how long she has been married to the decedent. Your attorney can help you claim what is yours.

If there were improvements made on the home or a loan taken out against the property, and they person/company goes through the proper steps, yes. The property being in trust does not affect that ability.