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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
My brother is executor and I don't think he is being fair what can i do?
he is executing the will according to its contents, this has nothing to do with being fair, he is only doing what the will tells him to do. I you have a problem with the will then you must contest it through an attorney, who will advise you what to do.
There are two wills one before you wed and one after. Which will controls?
Several factors may apply to your situation. However, perhaps the following information will provide an answer.
The second will should have language in it that revoked any other will that was ever made by the testator. That is boiler plate last will and testament language. Even if it did not, a person cannot have two different fully executed wills. The one with the most recent date will usually control and is the one the court will allow. However, by not revoking the first will there could be a challenge made in court when the second will is presented for allowance and there will be unnecessary legal costs. In some states a marriage that occurs after a will is made will automatically revoke that will.
probate involves a will while LA does not
Parents willed estate to surviving children does this exclude deceased children?
If the exact wording is "to my surving children", then all other children who predeceased the testator or out.
It depends upon many factors, such as if the deceased died intestate (or without a will), or if the deceased had a trust. It is best to consult an attorney for this matter.
How does someone transfer their job as co-executor to another person?
An executor has no authority until they have been appointed by the probate court. The executor must file a resignation with the court that appointed them and the court will appoint a successor.
His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.
His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.
His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.
His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs legally until the estate is probated.
If two people own property as joint owners with the right of survivorship, when one dies sole ownership passes automatically to the survivor bypassing probate. A joint owner cannot leave his interest in a JTWRS to anyone in his will. The property is not in his estate. Think of it this way: When two people own property as JTWRS they each own the whole property. When a JTWRS dies his interest in the property disappears and the survivor is left as sole owner.
It is highly unlikely for a court to break a JTWRS between a husband and wife and it seems to be irresponsible for any attorney to make that challenge. Unless you can prove the joint tenancy between your father and his wife was for convenience only, the property passed to her upon his death. Unless the court decides otherwise, the sole ownership of the property passed to her heirs-at-law upon her death if she died intestate or to her beneficiaries under her will. Her estate must be probated. You can check the laws of intestacy for your state at the related question link provided below.
If this matter isn't handled correctly, a resolution counter to the law will result in a title defect. Any future sale of the property will trigger a title examination. The exam will reveal the title defect and the matter will need to be resolved at that time before the property can be sold.
What are the lien holder's right's if the customer is deceased in TX?
They can still enforce the lien. They may have to file a claim against the estate.
Letter for distribution of estate assets?
A letter of distribution of estate assets will likely be a document held by an attorney of a deceased individual. They will have specifically stated who gets their property and valuables in the event of their death.
Although we tend to think of an estate as being all the property owned by a person at the time of their death, a living estate is all the property owned by a living person.
If you are thinking of a life estate see related question link.
How do you evict your son in Texas?
To evict your son is Texas send him a formal letter telling him you want to evict him. If he refuses to move, you can start eviction proceedings through the court.
Do you have to pay off debt with your inheritance?
The debts of the estate must be paid before any inheritance is distributed to the heirs.
Yes. A fiduciary can be sued. You should consult with an attorney who specializes in litigation who can review your situation and the reason you think the fiduciary has violated their office. That is the only way you will know if you have a plausible cause of action.
Is it common for the lawyer to be executor of a will?
It is often the attorney who is named executor of a will. This prevents the family from fighting over how things are done. Banks are another common executor.
Do the beneficiaries of a trust have a say as to what happens in the trust?
That will depend on how the trust is written. In most cases the beneficiaries have no say in how the trust is distributed.
Can the sole beneficiary act as executor if the executor for my fathers will dies.?
Yes. You can notify the court that the executor has died and request that you be appointed the successor.
How much can you charge for an Executor fee in WV?
A maximum of 5%, but that can be contested by beneficiaries if they are under the impression the estate did not require a lot of work to administer.
Who determins the administrator fee of an estate in NJ?
The maximum is established by law. The executor determines the fee and gets it approved by the court.
What steps do you take if an executor makes illegal changes to the will they are executing?
An executor has no authority until they have been appointed by the court. The will must be filed for probate so that the court can examine it to make certain the will is valid. At the same time they have submitted the will for probate the named executor must petition to be appointed the executor.
If you mean to say there were physical changes made to the will then you can attend the hearing and object to the will. You can address your concerns to the judge. If the judge sees the will has been "changed" it will not be allowed. If you mean to say the will has not been filed for probate then the executor has no power or authority. Someone else can file the will for probate and request to be appointed the executor. No one but a judge has the power to change the provision's of a testators Last Will and Testament.
If your step brother is named the executor of your father's estate, he can divide things up as he sees fit. If you really think he is being unfair, you can get a lawyer and take him to probate court.
What is a reasonable and diligent search for heirs?
First you must define "reasonable and diligent". Are we talking about a legal phrase? If so, you need a lawyer who specializes in estates and inheritance to define what will satisfy the court/law.
Answer"Reasonable and diligent" searches for heirs are often performed as part of an action regarding the title to real estate, especially "owner unknown" real estate. The standard of what is reasonable and diligent is generally defined by state laws both common law and statutory law.
The issue also arises in probate proceedings when the decedent's heirs are unknown. In both cases a diligent public records search must be performed and a public notice must be published. You need to consult with an attorney in your jurisdiction who specializes in real estate or probate law depending on your particular issue. You must follow the requirements in your jurisdiction.
Can appointed executor apoint a co such as a spouce?
No. Only the court can appoint a co-executor. Appointment of co-executors is routine if co-executors are named in the Will. The court generally appoints those who are named unless objections to the appointments are filed. If the executor finds they need help they could petition the court to appoint a co-executor or an agent, depending on the jurisdiction. The court would review the petition and render a decision. On the other hand, if the appointed executor cannot handle the task the court may appoint a successor.
