Probate

Sure, why not? However, because the executor of an estate is charged with the gathering of assets and liabilities, and discharge of debts, and the final distribution of the assets after debts, and a final accounting before being turned loose by the Probate Court, it is very important to be scrupulous with the distribution of the bequest to himself.

No. Had the person who wrote the will wanted them to benefit they would have been mentioned. However, if the intention is to share the estate, check with the executor whether such distribution would negate the bequest.

Marriage would make you the closest next of kin to your spouse.

In the United States next-of-kin as set forth in laws of intestacy defines the relatives who would inherit the property of a deceased person. Most states recognize the spouse and the nearest blood relatives (children-parents-siblings) as next-of-kin. However, there are different settings where next of kin may come into play. A surviving spouse would be considered the next of kin for choosing and paying for funeral arrangements. See related question.

You only need to call the office, let him/her know your mother has died and request an original copy of her will. At the same time you could inquire about having that attorney represent the estate.

Yes. If the executor has refused to make distribution then you should complain to the attorney who is handling the estate and to the probate court immediately. They can be compelled by the court to act or they can be replaced.

If the beneficiaries of an estate want to remove the executor, they will first need a very good reason for doing so. In most jurisdictions, it will require a court action. It is best to retain a lawyer to do this.

Yes, once they have been appointed by the probate court and Letters Testamentary have been issued. Take your Letters Testamentary to the bank with you. That document gives you the legal right to access the decedent's assets including bank accounts.

Depending upon the law of the state in which the Notary has their 'powers' they MAY be able to ATTEST to the validity of the copy of a Last Will and Testament, PROVIDED that they have the original with which to compare it against. If the original will and the will copy run to more than one page, I believe they would have to affix their seal and signature on each page of the copy to ensure that altered copy pages were not inserted or added "after the fact."

A last will and testament will do; failing that, depending on the state, you must go through porbate and show cause; ie., a marriage certificate.

Lesson: you should have established a trust; see an estate planner and you will not have those problems.

Julia Child was a very privileged child. Her father was a real estate tycoon in California. Her mother was a descendant of a Lieutenant Governor of Massachusetts and an heiress to a paper company.

There is no specific time frame in Georgia. The executor has to insure the estate is inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.

The right to contest a will is statutory and the statutory period varies from state to state. If you do not exercise your right to contest the will during the statutory period your right is lost.

Statutes often provide rights to blood descendents who are not mentioned (pretermitted) in the will, but it is certainly possible to specifically exclude them by making sure the entire estate is distributed to others, often including a clause or two that makes it impossible to challenge (e.g., "to my selfish putz of a son, Aaron, I leave one broken shoelace as a token of my frustration and as a symbol to try to pull himself together.")

If they caught they usually get a ticket and it will have the court date on for when you will have to go to court. When you do they'll just tell you your community service and where you'll be working,how many hours etc. It's really nothing to worry about, I got an easy service because that was the first time so i don't know if it will be different for you. Also we live in tx so.. rules might differ.

P.s Judge said if i got caught again I'd lose my license till i am 18 so be careful unless you don't want to be able to drive ;)

Hope this helps.

As soon as a petition is filed to commence a probate of an estate, with or without a Will, the case becomes a public record and anyone can visit the court to review the file. Generally, copies of documents can be obtained in person or by mail.

Normally in the United States, all court records, including probate records, are public unless the parties specifically ask the court that they be kept confidential. The Judge in a case may also order that all of part of the record of a case be sealed or made confidential and not opened without a subsequent court order.

Yes, a current will does so. That is why most start with the declaration that this to be my last will and testimony. All previous wills are revoked or cancelled.

The residue may contain property from several sources. Any property that was not specifically devised in the body of the will becomes part of the residue. Also included is any property the testator didn't know she owned and any assets acquired after death such as a settlement in a wrongful death or malpractice action. Any bequests that lapse because the beneficiary predeceased the testator may become part of the residue unless other instructions were provided in the will.

Yes. If the father died intestate, without a will, and the relationship can be proven the child is entitled to inherit under the state laws of intestacy. However, the child must make a timely claim through the court if their existence is unknown to the administrator of the estate. You should consult with an attorney who can review your situation and explain your rights. You can read the law at the related link.

Generally, yes.

Each state will have its own laws governing this issue and even though most states have the same system, one must look to the laws of the state of probate for the exact answer.

The residuary beneficiaries have the right to administer the estate if the named executors decline. They all have an equal right to this, so usually they must all agree to either serve together (a surefire recipe for problems) or agree on one or some of them to serve. Unless there is an agreement, the dispute over who will serve will go into court to be resolved. The court will appoint an executor.

The general idea is that the right to administer the estate goes to the persons who have an interest in the estate or to someone of their choosing.

The only reasons not to notify a named executor of the death of the testator are ALL negative. Either you want to use, and possibly convert, the decedent's property; plunder the bank accounts; prevent the distribution of the estate according to the terms of the will; etc. Those actions are against the law. Since you know who the named executor is you are withholding the will and preventing the settling of the estate. That is against the law

The executor should be notified so the will can be admitted to probate and the estate settled according to the terms of the will and the state laws under the supervision of the probate court. If there is real estate the title to the property cannot pass to the heirs unless the estate is probated.

Not necessarily, it depends on the deceased persons assets. Did they have individually owned assets? If everything is jointly owned or under £5k there is not normally a requirement to send a will to probate.

New York has not adopted the Uniform Probate Code; however it is possible that it has adopted some portions of it separately as opposed to adopting it in full. Even states like New Jersey, which have adopted the UPC, have made changes to various provisions. No state has to adopt the UPC in its entire format. The UPC is intended to be a guide.

There is no requirement that an executor be named in the will for the will to be valid. The court will appoint one.