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.

4,874 Questions
Estates
Probate
State Laws

Who inherits in an intestate estate?

In an intestate (without a will) estate the property passes to the decedent's heirs at law according to the laws of intestacy in any particular jurisdiction.

See the website below for access to State Intestacy Laws in the US. Click on your state. Then you can read the text of your state law that governs inheritance by heirs-at-law from intestate estates.

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Probate
Texas
Lawyers

Do you need a lawyer to probate a will in Texas?

Not if you know all the legal aspects of probating a will, the probate laws, filing procedures and are willing to take on the personal liability for any errors you make, especially in paying creditors and distribution of the estate. If not then hire an attorney.

Not if you know all the legal aspects of probating a will, the probate laws, filing procedures and are willing to take on the personal liability for any errors you make, especially in paying creditors and distribution of the estate. If not then hire an attorney.

Not if you know all the legal aspects of probating a will, the probate laws, filing procedures and are willing to take on the personal liability for any errors you make, especially in paying creditors and distribution of the estate. If not then hire an attorney.

Not if you know all the legal aspects of probating a will, the probate laws, filing procedures and are willing to take on the personal liability for any errors you make, especially in paying creditors and distribution of the estate. If not then hire an attorney.

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Credit and Debit Cards
Debt Collection
Probate
Debt Responsibility

Is the survivor of a deceased person obligated to pay off any debts that are solely in the name of the deceased?

No, not unless you are otherwise liable for the debt. Surviving a decedent has nothing to do with liability. However, if you had an obligation to support the decedent, you may be liable for that person's "necessaries." If you are the decedent's surviving spouse in a community property state, your half of the community property might be liable for the debt, but you, personally, would not be liable. The person's estate (if any) would be used to pay creditors in a specific order, but that assumes the creditor will take the steps necessary to enforce the debt.

EDIT TO ABOVE: Depending on your state, the surviving spouse may be liable for a decedent's debt, even if it was in the decedent's name alone. It really depends on the laws of your state. However, state laws may also place a limit on the liability of the surviving spouse.

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Estates
Probate
Deeds and Ownership

In a Trust what is the Trustee and Trustor?

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.

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Estates
Probate
Mutual Funds
DIY Projects

How do you find your trust fund?

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.

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Estates
Probate

Does the executor get a certain percent of the will for his services?

The executor receives a statutory percentage of the assets for performing their duties. They are paid before any bequests are paid. You would need to check your state probate code for the amount allowed in your state.

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Criminal Law
Estates
Probate

What is the burden of proof in probate court cases?

The person making the claim or contesting the willor objecting to the appointment has the burden of proving their claim by whatever evidence they can provide. If the evidence is insufficient they will lose.

130131132
Wills
Estates
Probate

Can an executor charge beneficiary for duties?

It's both reasonable and customary for executors to receive some compensation for their services, particularly if they're not close family or friends of the deceased. Normally they wouldn't bill the beneficiary, they'd simply deduct their fees and expenses from the proceeds of the estate.

Executor's fees are set by statute in most jurisdictions.

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Estates
Probate
Debt Responsibility

What is a proof of claim filed in an estate?

A proof of claim is filed by a creditor of the decedent. That claim must be paid before any assets are distributed to the heirs. A Proof of Claim is a form that a creditor submits to the court to get paid.

129130131
Probate
Deeds and Ownership

If mineral rights are not passed on in deed what happens to them?

Unless it is stated in the deed that the mineral rights are reserved in some manner then any mineral rights not previously reserved pass to the grantee.

If you have any questions about mineral rights or you have mineral rights for sale please contact me and I will be glad to help. I have been a buyer of minerals or mineral rights for many years. See my bio page.

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Estates
Probate
Legal Documents

How do you amend letters of administration?

You must return to the probate court and request your amendment. The court will issue new Letters of Administration.

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Home Equity and Refinancing
Estates
Probate
Punctuation and Capitalization

What is a revocable trust?

Revocable TrustsA revocable trust is one where usually, grantor/trustee/beneficiary are the same person.

It can be revoked or amended any time until the person's death.

Upon death the trust property bypasses probate and assets are distributed to the heirs.

ClarificationA trust is a right to hold property for the benefit of another. A trustor (grantor, settlor) creates the trust, places the trust property (land, money, stocks, etc.) in the trust and names both the trustee who will hold power over the trust property and the beneficiaries. A revocable trust can be amended or revoked by the trustor at any time during her life.

Be careful with that first statement in the first answer. It is not the definition of a revocable trust. In fact, it is a common trust error. In many states where the grantor, trustee and beneficiary are the same person there is no trust created and the property remains in the grantor's estate. That error can cause serious consequences down the road.

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Estates
Probate
Lawyers

Can the executor disperse money to those persons in the Will without a lawyer?

The executor has no authority to access any accounts until they have been appointed by the court.

Once the executor has been appointed by the court they must settle the estate according to the provisions in the will and the state probate laws under the jurisdiction of the probate court. If the executor doesn't follow state laws they will be personally liable for any errors. One of the most important rules to follow is that the debts of the decedent must be paid before assets can be distributed to the heirs. An estate should be supervised by an attorney unless the executor is familiar with probate law.

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Estates
Probate

Can a executor be the sole beneficiary of mothers will in Massachusetts?

As long as the will was properly drafted and is allowed by the court the executor and the beneficiary can be the same person.

115116117
Probate
Oregon

Is a holographic will legal in Oregon?

No it is not.

111112113
Probate
Email and IM

What does a 'Nigerian Prince Phishing Email' look like?

SUHAIRI BIN & ASSOCIATE

Contact:

Barrister Suhairi Bin Abdul Karim

Advocates & Solicitors.

E-mail: sbakarim@gawab.com

Office: Law House

#.131, Plot 274, Tingkat 1

Langkawi Mall, Jala Padang matsirat

7000 Langkawi

Langkawi Malaysia

I found your contact/profile some where over the Internet and it gave me the greatest joy, that you are the one I have been looking for. Whom I strongly believe could execute this transaction with me. And being more positive that with your capability, that this transaction of transferring the sum of $US10, 215,000.00m will be successfully accomplished.

My purpose of contacting you is for you to help secure the funds left behind by my late client, to avoid it being confiscated or declared unserviceable by the Finance House. Where this fund valued ($US10, 215,000.00m) Ten million, Two Hundred and Fifteen United State dollars deposited by my client before his death on April 2004 as a result of Liver Cancer.

You might be wondering why am I communicating with you, believe it or not it is simply because you and my late client have the same surname. Though this is coincidental, I strongly believe, you could help me in the task which is the distribution of my late clients funds, since he has no one to come forward for the claim because his family member were victims of the Gulf Air Flight Crashes in Persian Gulf Near Bahrain Aired August 23, 2000 - 2:50 p.m. ET

And the said funds in the Finance House is considered "UNSERVICEABLE" after my client passed away as there were no indication of next of kin whatsoever that the Institution could consider as a beneficiary for the said funds.

Being my late clients legal adviser, the Institution notified my office, that I need to produce and to contact the next of kin of my deceased client, to either "REACTIVATE" the account or to "MAKE CLAIMS" of the said funds which is carrying a monthly surcharge.

Now, my intention is purely to seek your consent to kindly present you as the legal next of kin/beneficiary to my late client's funds. This would mean that the proceeds of the said funds would be released to you. After the release of the funds to you, we shall then share it mutual, which will be 55% to me and 45% to you.

My office would provide documents to back up your claim. The most important thing I need is your honest/sincere cooperation in this task. And I assure you that this transaction will be legally executed according to the dictates of the law, which will protect you from any infraction of the law.

However, if this business proposition offends your moral ethics, do accept my sincere apology. If on the contrary you wish to achieve this goal with me, kindly get back to me with your interest immediately for further details.

Best Regards,

Barr. Suhairi Bin Abdul Karim

[Principal Attorney.]

Holy penguin crap Batman, looks like I'm rich!

109110111
Estates
Probate
Debt Responsibility

What action can be taken if a named executor of an estate will not perform his duties?

You can petition the probate court to replace them. If the executor is another family member, they may appoint an attorney or bank to serve as executor.

109110111
Estates
Probate
Adolf Hitler

What are the rights of the natural heirs if their father was married to his wife for just a few weeks before he passed away?

This is the reason a will is so important for anyone who not a minor. It should be redone as soon you get married, have children and perhaps change it every 5 years after that. It varies from state to state. If there was not a will that listed the new wife, most states are going to protect both parties. Your father's new wife will get half the estate and his children, particularly if they are minors, will divide up the remaining half. Naturally, debtors and the government get their share. If you were not named as heirs in your father's will then it's up to your step-mother as to what she gives his children. But this could be a case where the will could be contested, citing undue influence. As always, consult a probate attorney in your jurisdiction for specifics.

107108109
Credit and Debit Cards
Probate
Credit

Who is responsible for a deceased mother's credit card debt which was in her name only?

  • Her estate is responsible for all debts. The credit card company could file a probate proceeding if there are assets in her name to satisfy its claim, but it is not common for small unsecured creditors to do so. If a spouse, children or devisees named in her will seek to collect her assets as part of her estate, they will be required to give notice to creditors (including but not limited to the credit card company) in any probate proceeding they initiate. Determination of heirs, settlement of debts and distribution of property is what the probate process is all about.

    If she died without assets, then there is no repayment. The credit card company would have no recourse against her family.
  • One exception to these principles could arise if she left a surviving spouse. In some states (particularly the "community property" states) a spouse may in some circumstances be liable for some or all of the debts of the deceased spouse. This is not automatic, however; the result will vary by state, by type of debt and by signature or consent of the surviving spouse.
  • Another exception might arise if another person either (a) signed the original credit card application, (b) agreed to pay the debts of the decedent (either before or after her death), or (c) used the credit card fraudulently.
106107108
Estates
Probate

Can a fiancee file to be the administrator of the estate for her fiance if he died without a will?

In Canada if someone does not leave a Will any properties or monies can be left to government. In some cases if you seek out the advice of a lawyer you may have grounds to stop this action. This is why it is so important that people have Wills.

Unless your fiance' named you in his Will as Executrix or you had Power of Attorney there isn't much you can do. The reason for this is, you are not legally married and he could well have wanted anything he owned to go to his family such as siblings.

It is best to seek out legal counsel to see what your options are. If you lived together for more than 6 months you may be entitled to some or all of what he has left.

AnswerShort answer - yes! The government does not take your assets if you die without a will. State law decides who gets your assets! If there is no will, there is no executor, so the person appointed by the court to administer the estate is called the administrator. This does not mean that the finacee will get anything, but she can file to be that person. Clarification:It depends on the laws in your jurisdiction. In some states the fiance could not seek appointment as the administrator so you would need to check your own statutory provisions regarding the administration of intestate estates. She is not "kin" to the deceased.

In my state the person who can petition to be the administrator of an intestate's estate is as follows:

1. surviving spouse, if none then 2. next of kin or their guardian, if none then 3. the principal creditor, if none then 4. the commonwealth- a public administrator

Also only if a person dies leaving no next-of-kin does the estate "escheat" to the state.

106107108
Home Equity and Refinancing
Estates
Probate
Wills

Can a WILL be contested?

Yes

858687
Estates
Probate
State Laws
Texas

What are the laws in Texas when someone dies without a will?

== == Texas intestate succession laws are quite complicated, especially when they pertain to married couples -- Texas being a community property state. Professor G. Beyer teaches at TTU school of law and has a very informative site concerning such issues. http://www.professorbeyer.com It depends on the size and nature of the estate. If it's just real estate, an affidavit of heirship, signed by two disinterested persons and recorded in the county deed records, is sufficient. Sometimes a small estate affidavit will do, or perhaps an application for order of no administration. Larger estates would likely need an heirship proceeding and administration. If all distributees are adults and agree, the administration can be independent of court supervision, other than determining heirs, appointing the administrator, and approving an inventory.

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Probate

Can a girlfriend be listed as next of kin if there are still living children?

If the girlfriend can be considered his common-law wife and the state where they reside recognizes the validity of such a marriage, she can claim next of kin.

101102103
Probate

Does an unsigned will instruction that didn't revoke former will and sat unsigned in a solicitors office for 6 years constitute a valid will that will be passed in probate?

NO. A will has to be witnessed by two witnesses who are not party to that will, as well as signed by the deceased while of 'fit mind'.

103104105
Estates
Probate
Black Death (Plagues)

Could administration of an estate be granted prior to death in Connecticut in 1723?

In one form yes. If you stated in your will that you wanted it carried out after the signing and witnessing of your will it would be done.

You picked a rather bad date to try to answer your question. 1723 had lawsuits over estates like crazy. Even going as far as bringing the cases to England to have it resolved. Back then, it was the norm that the son's received the real estate and daughters would be in on the split of the personal estate such as cattle, houses, etc. Land only went to the sons. A bit earlier, around 1680's the whole estate went to the oldest son. Which spurred a lawsuit that was not settled until 1727. Then there was also a lawsuit that went all the way to England that was about a man who only had one daughter, but she in turn had a son. Being a "son" he challenged and won in court as the daughter was not technically (by English law and Connecticut law) allowed land. Deputy Governor Talcott worked very dilligently in 1723-29 to get this over-turned, and did.

You could also declare someone unfit or incapacitated (with signed letters and/or testimony of physicians, etc) which would allow this to happen. This was frowned upon by the church as it was viewed by them as the "Dieing wish" and that the will could not take affect until the person was deemed dead.

It's quite a can of worms as the colonies were trying to solidify themselves in self government but had people going behind them to Englands courts to have cases heard. Hope that helps a little.

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