Probate

They absolutely can not change the will. They do not hold the power to do such a thing. Their only job is to be responsible for and/or carry out the individuals last wishes made within the will in the exact way the will states.

No. Not if properly created for your jurisdiction.

No. Not if properly created for your jurisdiction.

No. Not if properly created for your jurisdiction.

No. Not if properly created for your jurisdiction.

You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.

You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.

You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.

You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.

Notify your state attorneys office. Especially if it is an elderly person. The laws are now very strict. Also, was the power of attorney drawn up through an attorneys office or was it just signed and notarized by both parties. If through an attorneys office, contact them and let them know. You can also go to the courthouse and ask them what you would need and the proper wording - to request a hearing in front of a judge. Usually you just type up a paper and file with the court then they will assign a court hearing in front of the judge with all parties involved within a few weeks. Does the person who assigned the power of attorney know that abuse of this power is occurring? If a close family member you could also try going to them and having them sign a document overturning the power of attorney. It would have to be signed and notarized by both parties.

An executor in New Jersey receives compensation in the form of commissions on the date of death value of the estate and on the income earned by estate assets after the date of death. The rates are: 5% on the first $200,000.; 3.5% on the next 800,000; 2% on the excess over $1,000,000. A court may adjust these percentages somewhat depending on what is defined as the "pains, trouble and risk" the executor is put to in order to handle the estate. In addition, executors get 6% of all income earned by the estate assets. Income includes all post-death dividends from stock, interest on bank accounts and rents from real property, if any. Executors can also get reimbursed for legitimate expenses, but may not charge by the hour for the work that is done.

You haven't provided enough detail such as whether it was your usual residence but there are circumstances where the executor could charge rent if one heir is using the premises and creating expenses for the other heirs.

You haven't provided enough detail such as whether it was your usual residence but there are circumstances where the executor could charge rent if one heir is using the premises and creating expenses for the other heirs.

You haven't provided enough detail such as whether it was your usual residence but there are circumstances where the executor could charge rent if one heir is using the premises and creating expenses for the other heirs.

You haven't provided enough detail such as whether it was your usual residence but there are circumstances where the executor could charge rent if one heir is using the premises and creating expenses for the other heirs.

No. An executor, onced appointed by the court, has complete and uninhibited access to the decedent's assets. Therefore the executor derives some benefit from the will and should not be a witness. If the other witness should be unavailable to testify regarding an objection to the will the executor as the sole available witness would cause the will to be exposed to challenges.

You apply to the probate court. They will provide a letter of authority.

Probate timeframe is always case by case. Because of the long wait most heirs experience during probate, several niche financial firms -- such as www.HeirAdvance.com, www.InheritanceAdvance.com and www.InheritanceNow.com -- have been around for nearly 25 years providing Heirs and Beneficiaries with an inheritance in Probate or Trust, with an Inheritance Cash Advance assignment. This is commonly known as "an Inheritance Loan", "Probate Loan", "Trust Fund Advance", or "Trust Loan".

Yes. As long as they still have legal capacity, a testator can make changes to their will by executing a codicil which is a new document that is attached to a will. If the changes are substantial or made multiple times it is better to execute a new will and destroy the old one.

There is no reason that the executor cannot lease estate property. As long as they get a fair market price for the lease. They would then be able to use the money to pay debts and taxes as well as maintain the property.

Go to the probate court and ask to be appointed the executor. In most places there is a simple couple of forms to fill out, including a listing of all possible beneficiaries.

Aggie80 Probate Attorney

The executor of a will is the person responsible for making sure the desires of the will are carried out. They are responsible for paying off the debts and distributing the assets. They must inventory the assets of the estate and have them valued. They also have to pay taxes and file the appropriate reports with the probate court.

In most states, the surviving spouse can "take against the will" if the estate is of a certain size or if no provision is made for the survivor. There is often a limit to the time the survivor can use the real estate or the amount that can be claimed.

Once a will has been presented for probate anyone can obtain a copy from the probate court file.

Generally a joint bank account is held as Joint Tenants With Right of Survivorship (JTWRS or JTWROS). Upon the death of one account holder the funds of that person pass directly to the other joint holder(s) and are not subject to probate procedure. State laws determine bank account ownership rights, when the signature card does not designate how the account is held the state default laws governing the issue usually apply.

There are several reasons. First, the executor is required to collect all assets of the decedent quicjkly and this usually entails liquidating existing bank accounts and securities, which must be put into an estate account. Commonly, an estate checking account and an estate savings account are opened depending on the amount of money involved. Second, an estate account is needed, because as of the date of death, the decedent's accounts are probably frozen depending on state laws. Not even the executor or attorney-in-fact can use a decedent's bank accounts as an estate checking account. The executor may take the appropriate amount out of the decedent's personal accounts, but only to transfer it to an estate account for use for estate purposes, not to make estate related payments. An estate account is necessary because the executor needs to pay for the funeral expense, administration costs and debts. Since, the decent's personal accounts may no longer be used, payments must come from a proper estate account in the name of the estatte with the executor as the person with authority over the funds.

The answer depends upon the laws of the state in which the decent died. It also depends upon what the will says. Some will specifically state what happens in such a case and those wishes are to be followed. In absence of specific directions or in absence of a will state laws control. Different states might have different rules.

As an example, in NJ, there are several rules dealing with this issue. First, if the deceased beneficiary is a child of a grandparent common to the decedent and the beneficiary, then the gift the deceased beneficiary would have received had he/she lived goes to the issue (children and grandchildren) of the beneficiary. It does not get distributed as part of the deceased beneficiary's estate. If the beneficiary and the decedent have no common grandparent then the gift lapses and it goes back into the estate to be distributed according to the will most likely as part of the residuary estate. I trust that that is perfectly unintelligible.

The mortgage is still a lien against the property. A quit claim deed does not affect the liabilities and liens, which are still the responsibility of the deceased, and therefore, his estate.

Per stirpes (pronounced /pɝː ˈstɝːpiːz/ "by branch") is a legal term in Latin. An estate of a decedent is distributed per stirpes, if each branch of the family is to receive an equal share of an estate. When the heir in the first generation of a branch predeceased the decedent, the share that would have been given to the heir would be distributed among the heir's issues in equal shares. It may also be known as right of representation distribution, and differs from distribution per capitaas members of the same generation may inherit different amounts.

Yes. You can ask the clerk for the file and review it. Some courts have a public copier where you can make a copy. If not the clerk will provide a copy for a nominal fee. If you can't travel to the court then you could call for instructions on how to obtain a copy by mail.

If the primary or secondary beneficiaries cannot be located, and there is no residuary clause (the safety net), then it is as if there were no will at all, and the local laws of intestacy would apply. If none of the relatives listed (spouse, children, parents, grandparents, cousins, etc) can be found, or if they have pre-deceased the testator, then the estate escheats to the state treasury. This could take years; making certain nobody else can be found.

In the United States you can if the executor is not performing the functions of an executor properly. An executor can be sued to either remove him as executor, to surcharge him for losses he may have caused to the estate or to force him to do what he is supposed to, like transferring assets. If an executor causes monetary losses to the estate, he can be sued to make him reimburse the estate for the losses either from his own pocket or from his statutory commissions. All states in the US have statutes that govern the duties of executors and spell out the remedies beneficiaries and third parties have.

The executor has a responsibility to preserve the estate. They can remove items for appraisal and sale, but the assets still remain a part of the estate until properly distributed.

Generally, wills are kept in numbered files within large vaults or in file storage stacks in storage rooms. The files also contain any other documents that were filed durong the probate process for that decedent. Old probate files are often still stored in ancient file cabinets, including some that were specifically designed for that purpose. Ancient probate files are often put on film with the originals stored to prevent further deterioration. The probate files can be accessed via an alphabetical index.