Probate

I dont think so. Not until they die. Its the same even if you werent.

If the account is solely in the name of the parent you must seek some advice at probate court. If the account is the only property in the account and the amount is small perhaps your state has a fast track method for you to have the authority to access the account. If there was other property the estate must be probated in order for title to the property to pass to the heirs at law. In that case you need to contact an attorney who specializes in probate.

Next, you are not the executor until you have been duly appointed by a court. Only a court can appoint an executor. If you don't want to take on the job of executor then when the will is filed for probate your sister can petition to be apponted the executor and you can file a declination at that time.

An executor cannot assign their powers to someone else via a power of attorney document.

When a decedent owned real property their estate must be probated for title to pass to the heirs. Also, the court must appoint a representative of the estate. You should seek the advice of an attorney who specializes in probate law for the procedure in your particular jurisdiction.

In NJ, either the executor or the administrator will sign what we call an "executor's deed" where there is a will or an "administrator's deed" where the is no will. This is to formalize the transfer of the property. It is important to know that the beneficiaries or heirs technically own the property as of the date of death rather than the date of the deed. This deed is a formality only.

A will does not have to be read in a formal procedure. The executor is the only one that has to read a will.

Certainly. The family can agree on a person, or the court will appoint one. If no one 'volunteers' or if the family can't agree, the court will appoint an attorney or bank to serve in that capacity. They will value the estate, pay off all debts, file taxes and then distribute the remainder according to the state's intestacy laws.

Adoption law varies state to state but in general the short answer is yes. You can adopt someone of any age. Of course, to make someone an heir to your estate, the easier way would be to execute a will.

The probate process is not completed until the estate has been distributed. You should complain to the court that the executor has not carried out her duties and ask that she be replaced. You should also be complaining to the attorney who is handling the estate.

Go to the probate court and ask them to appoint a new executor. In this case they will probably request a full accounting from the existing executor. If it is not complete, they are likely to appoint a third party (an attorney or bank) to serve as the executor. This will cost the estate more money, but it is going to be done correctly.

An executor is charged with acting in the best interests of the deceased and adhere to the stipulations of the will. An executor may acquire money from the estate if: 1. there are specific stipulations in the will that the executor is entitled to funds as compensation for their efforts. 2. The executor is a named beneficiary of the will, a situation that often happens with couples.

Generally, the mortgage should have been executed by both owners. The property would remain subject to the mortgage and the survivor would need to continue making the payments. Owners in a situation where two salaries are needed to make mortgage payments should consider life insurance to cover the amount of the mortgage.

Generally, the mortgage should have been executed by both owners. The property would remain subject to the mortgage and the survivor would need to continue making the payments. Owners in a situation where two salaries are needed to make mortgage payments should consider life insurance to cover the amount of the mortgage.

Generally, the mortgage should have been executed by both owners. The property would remain subject to the mortgage and the survivor would need to continue making the payments. Owners in a situation where two salaries are needed to make mortgage payments should consider life insurance to cover the amount of the mortgage.

Generally, the mortgage should have been executed by both owners. The property would remain subject to the mortgage and the survivor would need to continue making the payments. Owners in a situation where two salaries are needed to make mortgage payments should consider life insurance to cover the amount of the mortgage.

When the probate process is completed and the court has signed off. The letters of authorization do expire as well.

It will depend on specific state laws and whether there are assets that need to go through probate. But in general, it is the contents of the estate that determine the need for probate, not the existence of a will.

Yes, if the executor approves. It needs to be beneficial to the estate to do so and at a market price.

Only if the beneficiary to the plan is the estate. If the beneficiary is a person and not the estate, the asset passes to the person. It may still be subject to the decedent's debts, however, unless it is exempt such as in Texas. Of course, the bank would have to know about it to pursue collection.

If the person left a Will the Will will identify who the administrator (executor) of the estate is to be - only this person can anministor the estate. If there is no Will then the state will appoint an administrator (there will be country specific laws relating to how this happens).

You fill out an application at the probate court. If there are no objections, the court will grant letters of authority.

* It depends on how your husband's parents left the will. In most cases when an inheritance is left to the husband and he passes on then any monies or property is merged into what your husbands financial status is and would go to the wife.

No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.

No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.

No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.

No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.

In New Jersey, Yes, but I assume the sibling is a beneficiary. If not then the sibling cannot force anything because she has no interest, what we call standing, to sue. After 1 year a beneficiary can sue to get an intermediate accounting to show everyone and the probate court what has been done so far. You can also sue the executrix to have her removed and to forfeit her commissions. There is no law that says an estate must be completed within a certain time frame. In fact generally for the first year no one can sue the executor to force anything unless there is special cause to do so. But 3 years is a long time and you should definitely get at least the intermediate accounting. The 3 years is not, in and of itself, grounds to remove the executrix. But is is grounds to file a lawsuit asking for that and that should give her a jolt. This answer is given for informational purposes and is not to be taken as legal advice.

Yes. It is common for a beneficiary to be also named the executor.

The contents of a Will remain private until the death of the testator so the person who is named as executor may not be known until the Will is read. As the role of an executor is merely to distribute the assets of the deceased in accordance with the terms of the Will of the deceased, an executor will have no say in how the Will is prepared or to whom the assets should be distributed. Therefore, there is no legal reason why an executor should not be named as a beneficiary in a Will. In fact it is quite often preferable for a family member (and beneficiary) to act in the role of executor.

That arrangement is frequently used in wills executed by husband and wife or life partners where each leaves the entire estate to the other and names the other as the executor.

No. In order to protect the trust property from claims the beneficiary should not be their own trustee. That type of scheme makes the trust vulnerable to creditors and also makes a trust invalid in most jurisdictions.