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Probate

Probate is the process and the type of court that handles the evaluation of an estate. This includes the inventory and the subsequent liquidation through settling debts and the transfer of property.

2,421 Questions

When do letters of testamentary expire in NJ?

In New Jersey, letters of testamentary do not have a specific expiration date; they remain valid as long as the estate is being administered. However, if the estate is not settled within a reasonable time, the court may take action to close the estate or require an update. Additionally, if there are significant changes in circumstances or if the executor fails to act, the court may revoke the letters. Executors are expected to act diligently in managing and distributing the estate.

Who is legally entitled to the cremated remains if the deceased was not married and has adult children?

If the deceased was not married and has adult children, the legal entitlement to the cremated remains typically falls to the adult children. In many jurisdictions, adult children are considered the next of kin and have the right to make decisions regarding the disposition of the remains. However, specific laws can vary by state or country, so it's essential to consult local regulations for precise guidance.

How soon can the executor of an estate account get money from the account after a home has been sold?

The executor of an estate can typically access funds from the estate account after a home has been sold once the sale is finalized and all necessary legal and financial obligations are met, such as paying off any outstanding debts, taxes, and fees. This process may take a few weeks to several months, depending on the local laws and the complexity of the estate. Once the sale proceeds are deposited into the estate account, the executor can begin distributing funds according to the will or state intestacy laws.

What action needs to be taken if a will is not probated and statutes have expired?

If a will is not probated and the statutes of limitations have expired, the estate may be considered intestate, meaning it will be distributed according to state laws rather than the deceased's wishes. Interested parties may need to file a petition for intestate succession in probate court to initiate the distribution process. Additionally, any claims against the estate may be barred, and potential heirs should consult with a probate attorney to understand their rights and options.

Is Muslim marriage recognized in Ohio.?

​In Ohio, a marriage conducted solely through Islamic religious rites is not automatically recognized as a legal marriage by the state. To be legally recognized, couples must obtain a marriage license and have the marriage solemnized according to Ohio law. ​

Supreme Court of Ohio

Regarding Islamic marriage contracts, such as those including a mahr (dowry), Ohio courts have generally not enforced these as legally binding agreements. For instance, in the case of Zawahiri v. Alwattler, the court declined to enforce the mahr agreement, viewing it as a religious obligation rather than a legal contract. ​

However, if an Islamic marriage contract is structured to meet the criteria of an antenuptial (prenuptial) agreement under Ohio law—meaning it is entered into voluntarily, with full disclosure, and without coercion—it may be enforceable. ​

Platforms like Salaam Soulmate facilitate connections between Muslims seeking marriage, emphasizing compatibility and shared values. While they support the formation of relationships grounded in Islamic principles, they also recognize the importance of complying with local legal requirements for marriage. ​

If you're considering an Islamic marriage in Ohio, it's advisable to consult with a legal professional to ensure that all aspects of the marriage are recognized both religiously and legally.

What is proberty?

"Proberty" appears to be a typographical error or a misspelling of "property." Property refers to the legal rights individuals or entities have over tangible and intangible assets, including land, buildings, personal belongings, and intellectual property. It encompasses ownership, use, and transfer rights and is a fundamental concept in law and economics. If "proberty" refers to something specific, please provide more context for a precise explanation.

What is the process of receiving an inheritance after probate in England?

In England, the process of receiving an inheritance after probate begins with the executor applying for a Grant of Probate, which legally authorizes them to manage the deceased's estate. Once probate is granted, the executor settles any debts and taxes owed by the estate, then distributes the remaining assets according to the will. Beneficiaries will typically receive their inheritance after all financial matters are resolved, which can take several months to over a year, depending on the complexity of the estate. Finally, beneficiaries may receive their share through direct transfers or by being informed of how the estate has been managed.

How are judges selected in the probate court?

Judges in probate courts are typically selected through either election or appointment, depending on the jurisdiction. In some states, probate judges are elected by the public, while in others, they may be appointed by the governor or another official, often with the requirement of confirmation by a legislative body. The selection process often involves specific qualifications, such as legal experience or a background in estate law. Ultimately, the method of selection can vary significantly from one state to another.

Does a witness need actually see the testator sign the will?

This answer depends on the laws of the state in which the will is executed and/or perhaps in the state where the will is going to be offered for probate. Some states are more lenient than others with regard to execution. In some states like NJ, a will is properly executed if a witness either sees the testator sign the will or hears the testator acknowledge that the signature on the will is his/hers. This permits a testator to sign the will in front of one person then later tell another person that he signed it and that the signature is his/hers. The second witness would sign the will as a witness, but the attestation clause would have to be re-worded to state that the second witness did not see the actual signing but did hear the testator acknowledge his signature.

IRS. what does i. stands for.?

IRS stands for the Internal Revenue Service. The "I" in IRS stands for "Internal," indicating that it is a government agency within the United States Department of the Treasury. The IRS is responsible for collecting taxes and enforcing tax laws at the federal level.

How do you file a motion to reduce probation term?

Well, filing a motion to reduce your probation term is a positive step towards moving forward. You can start by reaching out to your probation officer or an attorney for guidance on the process. Remember, it's important to express your reasons for the request clearly and respectfully, and to show that you have been complying with the terms of your probation. Just like painting a happy little tree, with patience and positivity, you can work towards a positive outcome.

Where can you find Estate Administration and Probate of the Estate forms?

Oh, dude, you can find Estate Administration and Probate of the Estate forms at the probate court in the county where the deceased person lived. It's like a treasure hunt, but instead of gold, you find legal paperwork. Just head on over to the court and ask for those forms, and you're on your way to navigating the exciting world of estate administration.

What is the role of the petitioner in probate court?

In probate court, the petitioner is the individual who initiates the probate process by submitting a petition to the court. The petitioner is typically a family member, beneficiary, or executor of the deceased person's estate. Their role is to formally request the court to open the probate case, appoint a personal representative (executor or administrator), and oversee the distribution of the deceased person's assets according to the will or state law.

My sister was named executor and three of us are beneficiaries before the will was filed She changed the locks and would not let me on the property was this legal?

The legality of your sister changing the locks and restricting access to the property depends on the specific laws of the jurisdiction where the property is located. Typically, an executor has a fiduciary duty to act in the best interests of the estate and beneficiaries. If you believe your rights as a beneficiary are being violated, you may need to seek legal advice or mediation to address the situation. It's important to review the will, understand your rights as a beneficiary, and consider discussing the matter with a legal professional specializing in estate law.

Which states are separate property states?

Some examples of separate property states in the United States include Arizona, California, Nevada, Texas, and Washington. In these states, assets acquired by one spouse during the marriage are considered separate property, unless they are specifically designated as joint property.

Can you give any speech about trust?

Here is a sample speech about the importance of trust:

My friends, trust is the foundation upon which all meaningful relationships are built. It is the glue that binds us together as individuals, communities, and societies.

Without trust, we cannot function effectively. How can we work together, support one another, or have confidence in our institutions if we do not trust those around us? Trust allows us to take risks, be vulnerable, and believe in the goodwill of others.

Trust is earned through consistent, honest, and ethical behavior over time. It is demonstrated through our actions, not just our words. When we are reliable, transparent, and act with integrity, we cultivate trust. Conversely, when we are deceptive, unreliable, or act in self-interest, we erode trust.

Trust is especially critical in our most important relationships - with our family, friends, colleagues, and leaders. In these contexts, trust enables us to confide in one another, rely on each other's support, and work towards common goals. Without trust, these relationships become strained, fragile, and ultimately unsustainable.

At the societal level, trust in our institutions, government, and fellow citizens is what allows communities to function and progress. When that trust breaks down, we see the unraveling of the social fabric - increased polarization, conflict, and instability.

My friends, in these challenging times, the need for trust has never been greater. As individuals, let us strive to be trustworthy in all our dealings. As a community, let us work to rebuild the bonds of trust that have been frayed. For it is only through trust that we can overcome our divisions and build a brighter future together.

Thank you.

Do you have to accept what was left to you in a will or can you give it to someone else in the will?

You don't have to accept what was left to you, but if you refuse it, you can't redirect it (you don't control it). You can only redirect what you first accept, so if you're trying to avoid taxes, you can't have any say on where it goes.

What goes in a revocable trust?

If you mean what property can be transferred to a revocable trust the answer is any property real or personal. However, the degree of protection provided by a trust depends on the type of trust. Since a trustor of a revocable trust retains a significant amount of control over the trust property that type of trust does not protect assets as well as a irrevocable trust can.

The most common property transferred to a trust is real property. Assets such as actively used bank accounts (savings and checking) should not be placed in trust. Classic cars, costly jewelry, valuable coin collections, etc., can be transferred to a trust in order to remove them from the owners estate.

Special needs trusts must be utilized to keep assets separate from individuals who depend on government benefits.

If you are considering the transfer of your property to a trust you should speak with an attorney who specializes in trusts to determine what type of trust will meet your needs and expectations. Trust law is very complicated. Trusts should always be drafted by a professional who can review your situation, explain your options and draft a trust that will meet your needs and legal standards.

What do I call my daughter's daughter?

Granddaughter Try calling her by her name. Another view suggests that merely calling her by her given name has little to do with the kinship of the grandmother and the granddaughter. It looks like that somebody wanted to know who was related to whom.

Call her by her name, yes, but also recognize her relationship: relationship is, in this kinship system, not a function of names, but lineal associations, that is, blood lines, or better who was born by whom and who was the father supposed to be.

Your daughter's daughter is your granddaughter.

What is a caveat?

usually a warning or a condition one should be aware of as in the latin phrase caveat emptor which means buyer beware!! and that is the full extent of my knowledge of latin In addition to the above, the term "caveat" refers to a challenge of the validity of a will after the decedent has died but before the will has been admitted to probate. It has the effect of forcing the matter into will contest litigation. ---- In the UK, a caveat is a restriction entered at the Probate Registry to prevent someone from taking out a grant of probate or grant of letters of administration. It is usually done where there is likely to be a dispute, e.g over the terms of a Will or over who should administer an intestate estate. It does not always lead to litigation - it simply prevents administration of the estate until the dispute is resolved, either by mediation, litigation or other agreement between the parties. A caveat needs to be renewed regularly, and can be removed at any time by the person who registered it.
A warning of specific conditions or limitations.

How long do you have to run newspaper ad for creditors for probate in pa?

In Pennsylvania, creditors must be notified through a legal notice published in a local newspaper for three consecutive weeks. This requirement is in place to allow potential creditors to come forward and make claims against the estate during the probate process.

What does an executor of estate do when a will wasn't made and there is a lot of unknown debt Is it mandatory to post who the executor is in the newspaper so these debts can be paid?

That is one of the primary purposes of creating an estate. The executor has to contact all known debtors and advertise for unknown debtors. There has to be a method for these debtors to contact the executor to place their claims.

How do you see obituary from castleberry Florida?

To find an obituary from Castleberry, Florida, you can search online obituary databases, check with local newspapers in the area, or visit the official website of the city or county to see if they have any recent obituaries posted. Additionally, funeral homes in the area often have obituaries on their websites or can provide information on recent services.

How can you find the assets of a death in intestate?

To find the assets of a deceased individual who has died intestate (without a will), you can start by searching their personal records, such as bank statements, tax returns, and property documents. You may also contact financial institutions, employers, and government agencies to inquire about any assets in the deceased's name. It may be helpful to consult with a probate attorney for guidance on the legal procedures involved in identifying and distributing the assets.

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