Estates

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.

You'll need to show your authority to get the records. That would be letters testamentary or letters of administration (issued by a court), or signature authority on the account.

can a copy of a will be obtained before death

oh ballz yes. :)

The court notice you receive when the will has been presented to the court for allowance shows a date by which any objections must be made. Go to that promptly and ask the clerk if there is a form for filing an objection to the will. Perhaps the clerk will provide some assistance in filling out the form. You must state your objection clearly on that form or in writing if there is no form available. File the objection with the court within the allotted time period. You must then appear at the hearing and explain your objection to the judge. You must have standing and you must have a valid objection. Remember that wills can't be challenged just because you think them unfair. The testator has a right to dispose of her property in any way as long as the gift is legal and the will conforms to state law. If you think your objection is reasonable then file the objection and let the court decide.

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.

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.

In most instances, no income tax is due on life insurance proceeds. (A rare exception would be if the policy was sold, making it a capital asset. Very rare, though.) There is no estate tax on the insurance policy, per se. However, if the value of the decedent's estate, including the proceeds of the policy, exceeds a certain amount ($2 million this year), then the estate would be liable to pay an estate tax. The proceeds of the policy would not be included in the value of the estate if the decedent had no incidents of ownership in the policy at death. An example would be a policy that was owned by an irrevocable trust and the decedent did not own the policy within 3 years of death.

The impact depends on the nature of the scrivener's error. Some very small errors can have costly results.

If you have proof then you can make a claim on her malpractice insurance. You can also make a complaint to your state board of bar overseers.

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.

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.

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".

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.

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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.

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.