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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
Is an executor entitled to receive any bank statements receipts prior to the date of death?
An executor of a person's will is not entitled to receive any bank statements or receipts prior to the death of the person having the will. Only one exemption to this rule exists on many state law books, and that is if the executor has power of attorney for the person who made the will.
How do you get an unwanted family member out of your house?
If you are the owner and the other person is not then you should should consult with an attorney who can assist you in serving a notice to move. You need to give the person time to move as provided by state law. You need proof that they were served with notice to move. If they refuse you will need to file a complaint in civil court to have the person evicted by the sheriff.
According to Black's Law Dictionary an heir is a person who is entitled to inherit under the laws of intestacy. However, heir is also generally used to describe any person who inherits either by will or intestate succession.
Can an executor of an estate be removed as executor?
No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.
Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.
No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.
Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.
No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.
Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.
No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.
Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.
Can you do the probate on your father's will?
# If no executor was named in the will, then a person may petition the court to be appointed as such. Contact the clerk of the probate court in the city or county where the deceased lived and/or owned property. Answer 2: If no executor was named in the will, then the will is technically not a will. If the executor pre-deceased the testator then the main beneficiary of the will can prove the will. And yes this could be a son or any relative of the deceased.
Where can a person go to get information on probate law?
Every court has its own forms. You can obtain copies by visiting the court or by visiting the court's official website if there is one. Some court websites have downloadable forms. You can find the court's website by performing a search using the county, state + probate court.
Every court has its own forms. You can obtain copies by visiting the court or by visiting the court's official website if there is one. Some court websites have downloadable forms. You can find the court's website by performing a search using the county, state + probate court.
Every court has its own forms. You can obtain copies by visiting the court or by visiting the court's official website if there is one. Some court websites have downloadable forms. You can find the court's website by performing a search using the county, state + probate court.
Every court has its own forms. You can obtain copies by visiting the court or by visiting the court's official website if there is one. Some court websites have downloadable forms. You can find the court's website by performing a search using the county, state + probate court.
May an executor renounce their role as executor?
Yes, accepting the role is 100% voluntary.
United States
Yes. The named executor can file a declination and the court will appoint another person as executor. Once appointed an executor can file a resignation if they cannot continue as executor.
My mother died leaving no will therefore can someone be named the executor?
The will should have named an alternate. If it didn't, find some one who willing to do it. The estate lawyer must notify the court of the executor's death and petition for the appointment of a successor.
Does a trust override a previous Will?
Yes. If the property was transferred to a trust during the life of the testator it cannot be part of their estate after their death. Therefore, even if that property is mentioned in the Will, it is already gone from the estate and is now part of the trust property.
How do you remove an executor or trustee of estate will?
You can do this by drafting a Codicil and attaching it to your Will. A Codicil is drafted in the same form as a Will. Simply make a change to the section regarding beneficiaries. It should state clearly which article (or gift) of the Will is being removed from the Will. You must sign, have it notarized and attach it to you existing will. Depending on how long ago you made your initial will, you might want to review and perhaps draft a new one which will include the statement that any previous wills are null and void.
What happens if you spend money that is in probate?
You had better be able to reimburse the estate so that it can be awarded according to the provisions of the will, or face contempt of court or in some states, be liable to the charge of "Wasting the Estate."
What is the penalty for not filing a will in probate court?
Each state has sanctions for any individual who is in possession of a decedent's will and withholds it from probate. Each state has a mandatory period during which the will must be turned over to the probate court or to the executor. If the estate must be probated as intestate, or without a will, the person who withheld the will will be held personally responsible for any damages suffered by any other devisee. It is against the law to withhold or destroy another person's will.
An example of the law in Massachusetts:
Chapter 190B: Section 2-516. Duty of custodian of will; liability
[ Text of section added by 2008, 521, Sec. 9 effective July 1, 2011. See 2008, 521, Sec. 44.]
Section 2-516. Section 2-516. [Duty of Custodian of Will; Liability.]
After the death of a testator a person having custody of a will of the testator shall deliver it within thirty days after notice of the death to a person able to secure its probate and if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
The opposite of heir is heiress. Heir is the male beneficiary while a heiress refers to a female who is to inherit wealth.
Can an executor of a will liquidate stocks before the will is probated?
No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.
No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.
No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.
No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.
No, a living trust does not get "probated" the way a will is probated. Wills are probated, meaning proved, because the person who did the will is deceased and the witness to the will have to swear that that person did sign the will properly in their presence. The living trust is like a deed to a house. It is effective simply by its terms the the person who created it has set it up. While traditional probate is not required, some states provide that the trust should be filed with the probate court in order to have identifying documentation issued to the trustees.
I am not a will expert, but in my understanding, in most countries when you make a will this will remain in force until your death unless you make a later will (which will invalidate all earlier wills) or unless you marry (the act of marriage invalidates all wills made prior to the marriage).
Where to get certified probate documents?
For UK probate forms visit: www.iwc-ltd.co.UK/shop/index.php
What is the difference between a trust and an estate?
A trust is an entity set up to maintain and distribute assets in accordance with the trust creator. There are specific laws on how a trust can be set up and run, what reporting and what taxes have to be paid. There are also laws about how long a trust can last.
A will is the method used to specify how one's assets will be distributed upon death. Often a will with create a trust. Wills also are subject to specific laws and taxes.
Yes, every will must go through probate regardless of what it says. That ensures all of the legal requirements are met and taxes paid.
Who is the top ten most richest people?
Due to inflation and changing values of land, it is really impossible who was richest. Also, at what point do you want to measure wealth -- at death? at its peak? average wealth over a lifetime? Here is a list of some who died with a lot of money
1. George Washington 1789-1797 - inheritance, plantations
2. Thomas Jefferson 1801-1809 - inheritance, plantations
3. Andrew Jackson 1829-1837 - land speculation, plantations (started with virtually nothing.)
4. Zachary Taylor 1849-1850 - inheritance, plantations, army pay.
5. Theodore Roosevelt 1901-1909 - inheritance
6. Herbert Hoover 1929-1933 - mining, investments (started with virtually nothing)
7. Franklin Delano Roosevelt 1933-1945 - inheritance
8. John F. Kennedy 1961-1963 - inheritance
9. Lyndon B. Johnson 1963-1969 - TV and radio stations, real estate (started with virtually nothing)
Of the living presidents, George H. W. Bush made a lot of money from his oil business, George W. Bush did well with his investments, Bill Clinton and his wife now make millions from speaking engagements. Barack Obama has already made good money from his books and stands to make millions after he leaves the White House from speaking and corporate boards. Jimmy Carter does not have to worry about money, but concentrates on other things.
Do the children automatically inherit everything if there is no will?
When a person dies intestate it is important to check the laws of intestacy where the decedent lived. There are many different formulas that are followed in various jurisdictions throughout the world.
In the US and England a small estate may pass to the surviving spouse but larger estates are often divided between the spouse and children. For instance the spouse may get the first $200,000 then a half of the surplus. Every jurisdiction has its own specific formula.
How much time do you have to complete probate in NY State?
In New York there is no limitation set on the amount of time to settle an estate. The executor can invest as much time as needed, however is required to meet the responsibilities of the estate or risk removal.
Do you need alawyer to file probate of a deceased person in Iowa?
If there are any assets or debts, probate is the thing to do.
How do you find out if your husband has a will?
If your husband is still living then you must ask him. If he is deceased and you don't know if he had a will then see the related question link provided below for some ideas on where to look for a will and how to find a lost will.
