Estates

All the property, real and personal, that a person owned at the time of their death will become part of their estate.

They research on the following:

1. Background of their clients

2. Background of the other parties

3. Laws applicable to the case

4. The many ways to plead

5. Thorough check on Facts of the case and evidences

6. Check loopholes in Police investigations

7. Should read laws of evidences and cross examination by adv.

A probate proceeding is required when a person dies who is the sole owner of property. Title to real estate must pass through probate in order to vest in the heirs. In some jurisdictions there is a speedy process when there is personal property under a minimum dollar amount or the only property is a motor vehicle. You should seek the advice of an attorney.

No. If the property was acquired as joint tenants with the right of survivorship and one dies, their interest passes automatically to the survivor by law. There is nothing for family members to claim.

The surviving spouse will receive all jointly owned property, including bank accounts, real estate and some vehicles. Any property in which they are named beneficiary, such as life insurance, IRA's and some annuities. All other assets proceed accordance with state laws governing decendancy, with the spouse receiving the first $200,000 and possibly three-fourths of the balance of the estate. Decendancy laws can be confusing, so it may be that obtaining the guidance of a probate or elder law attorney would be the best option. Having trouble with the link, more information can be found at www.povertylaw.org, click hotline, then Colorado, scroll to 'Support for Widows'.

Yes, no assets or property can be taken until probate procedures have been completed. In some instances certain personal items, such as photographs can be released to family members with the permission of the executor. The executor is bound by law to protect the deceased's property until assets have been properly accounted for and debts have been paid.

A trust in which the executors have full discretion over the assets, and the trust beneficiaries have no knowledge of the holdings of the trust.

Read the document that created the trust to find how the trust can be terminated. If there is no provision for terminating the trust you need a court order.

There are a number of ways of resolving it. Any loan against the car has to be resolved. If it was a lease, it could be returned to the title holder.

Generally, when the attorney is getting ready to close the estate she/he will file a final account with the court. The beneficiaries should receive some form of assent to the account and/or release of demands along with a copy of the account. Each will need to sign the assent/release and send it back to the attorney. The attorney will file the account for allowance along with the assents/releases. When the final account has been allowed the estate is closed.

The parents have equal rights regarding the children since no other legal custody arrangement has been adjudicated. They are also still legally married and the spouses would have legal rights each for the other if there was a medical emergency or death. However, each separated spouse could execute a health proxy, living will and/or Durable Power of Attorney designating another person to make medical decisions for them in case they become legally incapacitated and unable to direct their own medical treatment. You should consult with an attorney who can review your situation and explain your options under your state law.

An estate in this sense refers to the real estate owned by a decedent at the time of their death. The purpose of an estate sale is to sell the property of a decedent so the proceeds can be distributed to the heirs. After an owner of real estate has died, their estate must be probated so the real estate can be sold. The sale must be handled by an estate representative duly appointed by the probate court and that representative must have the proper authority to sell the property. An estate sale of real estate would be a sale of the real property owned by the decedent.

They are income for the executor. Yes, they are taxable.

A person may give property away on their death bed. The will is not enforceable on that item because the decedent no longer owned that property at the time of their death.

A will distributes the property owned by the decedent at the time of their death. Testators often give away property during life even when they have mentioned the items in their will. They may have forgotten or they may have changed their mind. In any case, the death bed gift is valid. After the death occurs that property is not part of the testator's estate so it cannot be distributed under the will.

The estate of the decedent is responsible for paying the judgment in any lawsuit against the decedent. When notice of the lawsuit has been filed in the estate the Administrator would be responsible for maintaining the assets until the lawsuit has been resolved. No distribution can be made to beneficiaries until the debts of the estate are paid. The Administrator can be held liable if they distribute assets before debts are paid.

No, the property the property passes directly to the remainder persons and is not included in probate procedure nor is it subject to creditor action/attachment. By definition, a Life Estate terminates on the death of the beneficiary. There is nothing to go into their estate.

A certificate granted by the family division of the high court of justice proving the validity of a will and proving its registration and administration. At death, your will goes through probate. Probate simply means the process by which your last will is determined to be your final disposition statement and which confirms the appointment of the person or institution you have named to administer your estate.

The term "probate" is also used in the larger sense of probating your estate. In this sense, probate means the process by which assets are gathered, applied to pay debts, taxes and expenses of administration, and distributed to those designated as beneficiaries in the will.

(In some locations, the Probate Court also handles conservatorships name changes, adoptions, temporary custody, and removal of parental rights. However, though this takes place in the same Court, these other items are not generally included when a person talks of 'going through probate'.)

Ask the court to appoint another one. If no one wants to volunteer, the court will assign an attorney or bank to represent the estate. They will get paid at the legislated rates for the jurisdiction.

Generally, yes, however the time within which such notice has to be given will vary from state to state depending on its laws and rules. For example, in New Jersey, notice must be given within 60 days.

You cannot "dispute' a beneficiary unless you have objections to the will on technical grounds, you think the will is a forgery, the testator was incapacitated when the will was executed or you think there was undue influence on the testator. In that case you must file an objection during the statutory objection period and be prepared to show evidence to the court that supports your claim. The judge will decide.


If you think that person shouldn't have been given that certain gift or that certain amount then you won't have any success in your objection. The court's focus is to carry out the wishes of the testator.

The estate pays. If nothing in the estate they do not get paid.

It sounds as though the mother has conveyed the property from herself alone to herself and her three children as joint tenants with right of survivorship. In this situation all four have a present interest in the property and all four would have to sign the deed to convey their ownership interest.

The person who owns the fee receives the proceeds from the sale. The life estate holder only has the right to use the property for life. If they relinquish their life estate the owner of the property can then sell it free and clear of the life estate.

Depending upon the state and the trust rules, when the expenses of maintaining a trust exceed its value, they can liquidate the estate. Check with a trust attorney in your state.

The trustor is the person who executes the trust and transfers their property to the trustee. Since a trust cannot act for itself, the trustee is the entity named by the trustor to manage the property held by the trust. The trustee holds title to the trust property.