Estates

can a copy of a will be obtained before death

The Third Estate made up 95% of the population but had little power is the general Estates and they wanted equal privileges.

Although it is not an easy process if you have serious complaints regarding the executor of an estate you should state your reasons clearly in a motion to the court and ask to have the executor removed. If you're successful the court will appoint a new executor. Remember that there must exist a serious reason for the removal, family disagreement will not rise to the level required for removal. You may need to retain an attorney to represent you. You can read more about it at the link provided below.

From the Georgia Code: (1) Upon the death of an individual who is survived by a spouse but not by any child or other descendant, the spouse is the sole heir. If the decedent is also survived by any child or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child's share, per stirpes; provided, however, that the spouse's portion shall not be less than a one-third share . . . You may read the entire section at the related question link below.

Absolutely not. Only a testator can change her will while she is living. Once a testator has died, the provisions set forth in the will can only be modified by a judge.

A trustee has only the powers that are provided in a trust instrument. Since a Q Tip Trust is created in a will by a testator who desires to preserve the trust property for his children, it is doubtful a testator would grant the power to dissolve the trust to the trustee. Therefore, if the will did not specifically grant that power to the trustee the answer to your question is no.

Even if terminology can vary depending on jurisdictions, I would make the following distinction (Sorry in advance but I will have to generalise):

- "Depository" is generally (or historically) used to talk about central institutions (nearly utilities) that register the initial deposit of securities on request of the issuer. CSDs are most of the time local organisations built to accomodate the clearing and settlement needs of local traditional exchanges.

- "Custodian" describes a firm (generally banks) that holds securtities on behalf of trading firms.

Patent synergies exists between both activities so the above mentionned distinction is blured in a number of cases:

- A custodian can offer initial depository services to issuers. This model is notably very efficient when the securities are not 100% freely transferable (basically not bearer shares) or when it comes to organising clearing and settlement in multiple currencies.

- A well known European custodian owns several local CSDs and indifferently offers equivalent services via the different entities of the group.

If I stick to the general picture I have just drawn, the custodians are the typical clients of CSDs. To sum up a (very simple) trade life cycle:

1- A trade is carried out on the exchange between two trading firms.

1'- The trade is notified by the exchange to countperparts.

2- It is sent to CCP/Clearing/Settlement agent(s)

2'- The trade is notified by CCP/Clearing

The executor must file an account that lists all the assets of the decedent both real and personal property. That means all bank and investment accounts, vehicles, furnishings, art, jewelry, etc. That inventory is public and you can request the probate file and examine it. If you think the executor has not done a thorough listing all the assets then complain to the court. The executor will later be required to file an accounting to the court detailing how all those assets were distributed.

Executor's fees are generally set by statute however, the practice may vary from state to state. You need to inquire at your local court, check your state probate code or consult with an attorney who specializes in probate law.

The bank may allow it but they will want the new obligor to sign a note. There may be a simple probate procedure to pass title to the vehicle to the heirs. You would need to retitle the car so the person who will be driving it can buy car insurance. You should call your attorney for advice or your state DMV.

Money paid to trustees and executors for their services is taxable compensation. More information is provided at the link below.

mohamed

For a spouse you would need a copy of your marriage certificate.

You may cash the check only if you are the duly appointed fiducuary for the estate. Otherwise you have no legal authority to cash the check.

Yes. The various steps that must be taken in probate court are actually presented to a judge for her/his signature. However, unless there is a contested issue that requires a hearing, the clerks review the various filings for technical defects or ambiguities. If any errors or deficiencies are found the documents will be returned to the petitioner for corrections. Once the documents meet the technical legal requirements they need only be signed by a judge to become effective and binding.

Do you have a question?

If the insured has died the proceeds from the insurance will be paid AS STATED IN THE POLICY. The proceeds of the claim are not part of the assets of the deceased's estate.

No. You are the court appointed executor unless the court appoints someone else because you have failed to perform your duties as executor. In that case the court would notify you and there would be a hearing.

You need to probate your mother's estate for title to the real estate to pass to her heirs. Until the estate is probated there is no living legal owner of the property. It is owned by your mother's estate. After payment of her debts, her property will be distributed according to the laws of intestacy of your state. If your mother left two sons and no spouse, title to the property will pass to her sons who will share her property equally. At that time, the brother who is living in the house could buy his brother's share in the property. If one brother wants to sell and the other doesn't, the first could bring a Petition to Partition in the local court of equity. The court would arrange to sell the property and after all the legal costs and expenses are deducted the proceeds from the sale would be divided equally between the brothers.

If the estate was probated in court the estate becomes a public record. You can review the file. You may read the will, review the inventory for all the real and personal property listed and the value of the property, and then review any statements regarding distribution. You can also review the final account once it has been filed. If you have any questions, you can direct them to the executor and/or the attorney who is handling the estate.

Yes. All assets, including a receivable (the right to receive money), should be reflected in the accounting.

You have at least two options. If possible, you could cash the check at the bank the check is drawn from. You would need to show proof of your identity, proof of the trust and proof of your appointment as successor trustee. Or, you must open a bank account in the name of the trust. If your trust receives checks then it needs a bank account. You would need the same proof as stated above to open an account. The bank would probably hold the check until it has cleared since you don't have any other trust funds to deposit that would cover that check. When assets are placed in a trust you must follow the provisions of the trust and trust law when dealing with the property.

There are websites that will allow you to input the bond's CUSIP number and date, and it will tell you the value. Google "bond" "CUSIP" and "value".