The address of the probate office in Belfast is Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF, United Kingdom.
Probate refers to the legal process by which a deceased person's will is reviewed and authenticated by the court. It involves the distribution of assets as outlined in the will. On the other hand, an intestate estate refers to the situation where a person dies without a valid will. In such cases, state laws determine the distribution of assets among the deceased person's heirs.
the phrase caveat emptor means "let the buyer beware". Its legal meaning is that the buyer needs to exercise diligence when purchasing something. If something is too good to be true, it usually isn't.
There may be a reason you haven't disclosed why lawyers refused to help you. If you have a legitimate claim you should be able to go to your lawyer and sign a consent form so they can search for the money with the banks in the area.
You could also check the probate records for your father, review the file and see if the trust was identified in his will.
You can get letters testamentary from wherever the will is going to be probated. So go to the county courthouse probate court in Washington and get them or hire a probate attorney to do this form you.
The Executor is entitled to a fee for services performed. Under New Jersey law, the Executor of an estate is generally entitled to the following commissions: a. 6% on all estate income; b. 5% of the estate up to $200,000; c. 3.5% on excess above $200,000 up to $1,000,000; d. 2% on excess over $1,000,000 or such other percentage as the Superior Court may determine. There are different rules for commissions when there is more than one Executor, or when the Executor has rendered unusual or extraordinary services. In some cases family members may choose not to accept (waive) fees. However, a decision to waive fees should be made only after the legal (who will get the money) and tax (what is the cost of the lost deduction) issues are considered.
How many oz of alcohol can a person have in front of them in a bar at one time
You need to open an estate with the probate court. You can usually get a packet of the required forms at the courthouse. One of them will be a form asking to be appointed as the executor. The court will then accept the form and issue a Letter of Authorization which gives you the power to do the work necessary.
The executor of a will is the person responsible for making sure the wishes of the testator are carried out. They are responsible for paying off the debts and distributing the assets. They also have to pay taxes and file the appropriate reports with the probate court.
Probate is actually the offering up a will to the court as the true original and last will and testament of a decedent. The term "probate" is often confused with "estate administration." To understand estate administration, one must first be aware of the concept of a decedent's estate. "Estate" is a term commonly used to denote the sum total of all types of property owned by a person at a particular time, usually upon his death. But, it may be better to think of an estate is a legal entity ("thing") that springs into being upon the death of an individual person. It makes sense, since generally a deceased person cannot by law own property, be indebted, give property away. And so the person's "estate" assumes these roles and responsibilities, and someone must manage (or administer) the estate. Administration comes in two flavors - with a will (testate) and without a will (intestate). Where a person administers a testate estate, that person is known as the executor or personal representative. The term probate actually involves an initial step in the administration - presenting the will to the clerk's office and qualifying as the executor. In testate and intestate situations, the general responsibilities are the same: * Gather the assets of the estate * Account to the estates division for the assets * Distribute the assets according to the will. If the decedent had no will, then the property is distributed according to the North Carolina Intestate Succession Act, which may or may not represent the intent of the decedent. * File the appropriate accounting the estates division and the appropriate tax returns, both individual and fiduciary (for post-death income). Types of assets to be gathered include bank accounts, vehicles, real estate, life insurance, pensions, stocks and bonds, income tax refunds, personal effects, business interests, boats. Thomas Neagle is a North Carolina attorney with his practice focused on estate administration and planning. He can be reached at 919 932 7445.
It varies from state to state. Most states have a minimum amount of time for an estate to remain open. This is to insure that all creditors have an opportunity to file claims against the estate. Usually the absolute minimum is 90 days. A year is certainly not unreasonable. There are some estates that have been open for decades! These are the exception and usually deal with millionaires and publishing rights. The probate process can take anywhere from three months to three years or more depending on the number and type of assets which need to be distributed in the probate estate. Additionally, liens and creditor claims against the estate can add weeks or months to the process. In many cases the probate of an estate can extend far beyond the generous time line for distribution laid out by the executor or probate attorney.
The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.
The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.
The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.
The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.
Not necessarily. Depending upon the size of the estate, if the deceased owed debts and if any of the assets or property of the estate is subject to taxation, probate action may be required. The surviving family members should not transfer, sell, gift or in any manner despose of any property or assets belongin to the deceased until they have determined the status according to the probate laws of the state,
i cant afford a lawyer, the lawyer who is supposibly handling it will not callme back i am one of three children who have been left items and monies since my moms passing, can you tellme how to get some answers
The legal age to gamble in Ontario is 18. You can buy lottery tickets and play bingo. You can not gamble in Ontario where alcohol is served until 19, as in casinos, as the drinking age in Ontario is 19. In Quebec you can gamble and drink at age 18, so casinos are an available at 18.
In some provinces such as Ontario, 18 is the legal age to vote but 19 to buy alcohol
Sex ----- 16 is age of consent
Voting -----18
Driving -----16 (15 for a learners permit in Alberta)
Alcohol/tobacco purchasing -----19 (18 in Quebec)
Age of sexual consent ------16/m, 16/f
Military service ------16 with guardian approval
Gaming and lotteries-----18 (19 for casinos except 18 in Quebec)
Mandatory school attendance is 16
Marriage 18 (unless guardian approval)
Applying for a firearms license 18 (15 with guardian approval)
Retirement mandatory until 65 (recently changed in Ontario)
Working ----15 * usually regulated by province and not federally.
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.
Louisiana has the most complicated laws of intestacy in the US. It is the only state that has a legal system based on the Napoleonic Code. You can read more about it at the link provided below.
Most states have laws that categorize types of debts and then gives those categories priorities over one another in a particular order. Usually, all creditors in a class must be paid in full before creditors in the next class can receive anything. Burial costs are at the top of the list.
For example in New Jersey, funeral expenses get paid first, then administration expenses; then debts that may have priorities set by law; then expenses of the decedent's last illness; then judgments against the decedent in order of their priorities; then general creditors. If an estate does not have enough money to pay all bills in full and if the executor pays a lower priority creditor to the exclusion of a higher priority creditor, the executor may be liable to pay that higher priority creditor himself if there is insufficient money to pay all debts.
If the executor is positive that there is enough money to pay all debts then he does have some leeway to pay some sooner than others; but he is not allowed to pay the decedent's last telephone bill if there isn't enough money to pay for funeral expenses.
Yes. A person can name the same individual as their attorney in fact under a Power of Attorney and as the named Executor in their Last Will and Testament. Generally, a Power of Attorney is extinguished by law at the time of death of the principal. At that time the person named as Executor needs to petition the Probate Court for appointment as Executor.
The minimum is going to be about 4 months. You have to give those owed money at least 90 days to identify themselves.
It is possible if it meets the requirements for the appropriate jurisdiction. A holographic will (Handwritten) can be valid if it is signed and dated.
You can contest a Will if you have a reasonable claim that the will is invalid. You may not contest the will just because you think someone received too much or not enough or the privisions set forth in the Will are unfair.
A Will can be contested by any person who has a vested interest. That means that they must either be one of the beneficiaries or they must be a person who would have been considered a beneficiary if there was no Will. When the will is contested the claim of invalidity by the contester must be investigated to ensure that the will is a valid one.
Some of the most common reasons to contest a Will are:
Anything younger than 18 is a minor. Until then they cannot contract or hold real property.
The right to inherit has nothing to do with who was named executor. The right to inherit remains valid with all of the children. Consult a probate attorney that knows the laws for your state. ==Another Perspective== The court appointed executor has the obligation and authority to settle the estate. Only the executor has the power to manage the assets, transfer property, close accounts, sell real estate, etc. The executor must follow the provisions set forth in the will. However, all the powers of the office may be carried out according to the discretion of the executor without any interference by the beneficiaries. If the beneficiaries have questions concerning the executor's role they should first contact the attorney who is being paid to handle the estate.