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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

What does an executor of estate do when a will wasn't made and there is a lot of unknown debt Is it mandatory to post who the executor is in the newspaper so these debts can be paid?

That is one of the primary purposes of creating an estate. The executor has to contact all known debtors and advertise for unknown debtors. There has to be a method for these debtors to contact the executor to place their claims.

How do you see obituary from castleberry Florida?

To find an obituary from Castleberry, Florida, you can search online obituary databases, check with local newspapers in the area, or visit the official website of the city or county to see if they have any recent obituaries posted. Additionally, funeral homes in the area often have obituaries on their websites or can provide information on recent services.

How can you find the assets of a death in intestate?

To find the assets of a deceased individual who has died intestate (without a will), you can start by searching their personal records, such as bank statements, tax returns, and property documents. You may also contact financial institutions, employers, and government agencies to inquire about any assets in the deceased's name. It may be helpful to consult with a probate attorney for guidance on the legal procedures involved in identifying and distributing the assets.

For probate purposes are old and used furniture etc considered to be of any value?

Yes, old and used furniture can have value for probate purposes, especially if they are antiques or collectibles. It's important to have them professionally appraised to determine their fair market value. This valuation will be used for probate inventory and potential distribution to beneficiaries.

Can you revoke your waiver of inheritance?

In general, it is not possible to revoke a waiver of inheritance once it has been made. Once the waiver is signed and accepted, it is legally binding. However, laws can vary depending on jurisdiction, so it is always advisable to consult with a lawyer for specific advice regarding your situation.

How does the executor of the estate of deceased car owner change the vehicle title to new owner in NC?

The executor must take documents demonstrating that the person is deceased and they are the executor of the estate. They should also take the title so that the sell can take place immediately. This should be done at the DMV.

What documents do you have to have when a person with a living estate dies?

When a person with a living estate dies, it is important to have several important documents: the deceased person's will, any trusts they may have created, legal identification documents (such as a passport or driver's license), their birth certificate, their social security number, and any financial records (bank statements, investment accounts, etc.). These documents will help facilitate the probate process and ensure that the deceased person's estate is handled in accordance with their wishes.

I live in TN. My dad's will states half goes to me and half goes to my sister. If my sister dies and then my dad dies before he can change the will does my sister's husban get her half?

The distribution of assets would depend on the specific provisions in your father's will. If the will does not mention any alternative beneficiaries or contingencies, then your sister's share would typically pass to her heirs, which may include her husband. However, it is advisable to consult with a legal professional to understand the specific laws of your state and review the details of the will.

How do you become a executor of the estate in Colorado?

To become an executor of an estate in Colorado, you need to be named as such in the deceased person's will. If you're not named, you can still apply to the probate court to be appointed as an executor. This involves filing a petition with the court and providing necessary documentation, such as the death certificate and the will. It's advisable to consult with an attorney familiar with Colorado probate laws to guide you through the process.

How can i challenge intestacy law?

To challenge intestacy law, you would typically need to consult with an estate planning attorney who specializes in probate law. They can help you understand the specific requirements and grounds for challenging the law in your jurisdiction. This may involve filing a lawsuit in court, presenting evidence, and making legal arguments to support your case.

Does an executor have the right to a fee after probate on the sale of a property?

Yes, an executor is entitled to a fee for their services after probate, including the sale of a property. The amount of the fee can vary depending on the laws of the jurisdiction or the terms of the will, but typically, it is a percentage of the estate's value or the proceeds from the property sale.

Can you open probate to collect a debt from an estate?

Yes, debtors can open an estate with the court and file their debts against it. The estate has to pay all of the debts off if possible. If the estate doesn't have the assets to do so, they distribute as best they can. If the court signs off on the distribution, the debts are ended.

Why is a bond posted in an estate lawsuit?

A bond is posted in an estate lawsuit to protect the estate and its beneficiaries from potential harm or loss caused by the actions of the executor or administrator. By posting a bond, the executor or administrator provides assurance that they will fulfill their duties faithfully and responsibly. If they fail to do so, the bond can be used to compensate the estate for any damages incurred.

Can a property from probate estate be rented out monthly if there are creditor claims?

In most cases, a property from a probate estate can be rented out monthly even if there are creditor claims. The income generated from the rental can be used to satisfy those claims after other expenses related to the property have been paid. It's important to consult with an attorney or probate professional to ensure you are following the proper legal procedures.

When someone died how do you know if he left anything in the will for you?

Typically, the executor of the deceased person's estate will inform beneficiaries mentioned in the will. If you suspect that you may be mentioned in a will but have not been notified, you can inquire with the executor or contact the estate lawyer handling the matter. Additionally, wills are usually filed with the probate court, so you could check there to see if a will exists and if you are named as a beneficiary.

What is a residuary bequest?

A residuary bequest is a type of bequest made in a will where the testator designates that any remaining assets or property, after all specific bequests and debts have been addressed, should go to a particular beneficiary or beneficiaries. It ensures that the chosen recipient receives any remaining portion of the estate.

Can a Will be ignored?

No, a will cannot be ignored and must go through probate. There are ways in which the will can be modified by a rule of law. And those listed in the will can always decline to receive their gifts.

Can anyone live in a home that is currently in probate?

Typically, probate properties are owned by the deceased and are undergoing the legal process of distributing their assets. Depending on local laws, it may not be possible for someone to live in a home in probate unless they have legal authority to do so, such as being named as the executor of the estate or obtaining permission from the court. It's best to consult with an attorney or legal professional to understand the specific rules and requirements in your jurisdiction.

What must be accomplished prior to unpacking and handling any EED?

Prior to unpacking and handling any EED (Explosive Ordnance Disposal), it is important to conduct a thorough risk assessment and ensure the area is safe and clear of any potential hazards. Proper training and certification in EOD procedures is also necessary to handle and dispose of EEDs safely and effectively. Following established protocols and guidelines is crucial to minimize the risk of accidents or explosions.

Does the estate of a deceased person pay the taxes until probate and deed is in beneficiary name?

In general, the estate of a deceased person is responsible for paying any taxes owed until the assets are distributed to the beneficiaries. Once the probate process is completed and the property is transferred to the beneficiary's name, they would become responsible for the taxes going forward. It is important to consult with an estate attorney or tax professional for specific guidance based on your situation and jurisdiction.

What is the address of the probate office in Belfast?

Probate Office, Royal Courts of Justice [Ulster], Chichester Street, Belfast BT1 3JF

What is the difference between probate and intestate estate?

In formal terms, Probate is the judicial process by which a testamentary document, a will, is established to be valid to the satisfaction of the court. Once the will has been allowed the court appoints an Executor. Administration is the judicial procedure for the distribution of the property of an individual who died intestate, without a will. Once the Petition for Administration is allowed the court appoints an Administrator. Informally, 'probate' is used to refer to an estate that must be adjudicated via the necessary judicial process required to pass title to the heirs whether a Probate of Will or Administration. Example: "The estate must be probated before the real property can be sold."

The principle of caveat emptor?

the phrase caveat emptor means "let the buyer beware". Its legal meaning is that the buyer needs to exercise diligence when purchasing something. If something is too good to be true, it usually isn't.

How do you find your trust fund?

There may be a reason you haven't disclosed why lawyers refused to help you. If you have a legitimate claim you should be able to go to your lawyer and sign a consent form so they can search for the money with the banks in the area.

You could also check the probate records for your father, review the file and see if the trust was identified in his will.

What is extension of ms word?

Version 2003 - .doc , version 2007 - .docx

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