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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 a sister a closer relative than a mother?

No. Your closest relations are your parents and your children - you are separated by 1 degree of separation. To get to your sister, that's 2 degrees (up to mom, down to sis). When determining degrees of separation, you always have to work back to the common ancestor and then down to the person, and each step is a degree.

If someone dies is married no will and the house is joint names but with no mortgage and very little money does it have to go to probate?

If the wording of the ownership on the title/deed is correct. properly worded, and lawful for that particular state, AND the money is in a joint account with the spouse, they should pass to the surviving spouse without probate. Best thing to do would be to contact your local Bar Association or Legal Aid Office and give them the specifics. Such a consultation for such a simple question should be very inexpensive and even cost free.

How do other siblings contest if your Mother left no will and one sibling appointed himself as administrator of her estate?

A sibling cannot appoint himself the administrator of an estate. Only the probate court can make that appointment. He needs to petition the court to be appointed and if you have objections you can submit them to the court. There will be a hearing and the court will review your objections. Another sibling could request appointment and the heirs could voice their approval of that other sibling as administrator. The court will render a decision after considering the testimony and appoint the administrator. Only a court appointed administrator has legal authority to settle the estate.

You should consult with an attorney who specializes in probate who can review your situation and explain your options.

Types of misrepresentation?

fraudulent misrepresentation.

negligent misrepresentation.

innocent misrepresentation.

Can a will be made in effect if its lost?

No. A will must be examined and approved by the court. If the will is lost the estate will be distributed as an intestate estate according to the state laws of intestacy.

Last Will and Testament?

Get Started

A Will is a document under which a Will writer states his or her intentions regarding the persons or organizations ("Beneficiaries") who will receive the Will writer's property, and the person or organization ("Executor") who will carry out the Will writer's wishes.

This Will is appropriate for a wide variety of individuals. It contains provisions for people who are married or single and will allow you to provide for your children, if any, of any age.

If the Will writer's estate is expected to be larger than the federal estate tax applicable exclusion amount ($3,500,000), it may be desirable to use more complete estate planning techniques that are not provided by this document. For such cases, this Will can be used to prepare to work with a lawyer who can assist you with the preparation of a more complex will.

Note: A separate will should be created for each person. Even for married couples, a "joint will" (not offered by this program) is not recommended.

We placed mothers house in a Life Tenancy with me as the care giver almost 2 years ago. Can we sell the house to pay for nursing home care for mom or is it protected?

In order to get an answer to this question you must provide the details of how exactly you "placed mothers house in a Life Tenancy with me as the care giver". It must have been done through a deed and you need to provide the details. Whoever owns the real estate can sell it as long as the life estate holder consents in writing.

What is Quitclaim covenants?

§ 34-11-18 Meaning of quitclaim covenants. - In any conveyance of real estate the words "with quitclaim covenants" shall have the full force, meaning, and effect of the following words: "The grantor, for himself or herself and for his or her heirs, executors and administrators, covenants with the grantee and his or her heirs and assigns, that he or she will, and his or her heirs, executors and administrators shall, warrant and defend the granted premises to the grantee and his or her heirs and assigns forever against the lawful claims and demands of all persons claiming by, through, or under the grantor."

My mother just passed and my brother is named executor. He is going through a bankruptcy and personal tax issues should he be appointed as executor?

Your brother already has enough going on. The duties of being executor would be too much. Someone else in the family should petition to be appointed executor and your brother should decline.

Can you sale a property with out probateing if all of us are in agrement?

An estate that includes real estate must be probated in order for title to pass to the heirs. Until the estate is duly probated you don't own the property legally and cannot execute a valid deed. An attorney examining the title to the property for a proposed buyer would insist the estate be probated in order to pass clear title.

Are you entitled to a copy of your estranged father's will?

If your father is living you are not entitled to a copy of his will. If he is deceased and his will has been filed for probate you can obtain a copy from the court. Once a will has been filed it becomes a public record.

What are the heirs rights in Missouri if there was a will and the will is not being followed by the estate representative?

The estate representative should be reported to the probate court immediately for abusing their authority. They should be removed and a new executor should be appointed.

Should a brother charge his sister executor fees if he is named as executor but they are to share the inheritance equally?

It is up to the brother. Most state probate codes allow the executor to charge a fee for their services. Executor duties and responsibilities can take up a lot of time. If there are only two beneficiaries, that will cut down on the executor's tasks somewhat. The brother should keep detailed time sheets for any time spent on estate matters and a deteiled account of any money spent on parking, postage, copying or other costs. The brother can then decide toward the end of his duties whether he wants to charge the estate or not. The executor's fee is a cost of the estate and should be paid before any assets are distributed so that brother and sister each pay equally.

Which adult child takes over deceased parents home when one has paid property tax for 7 years but both lived with parent?

The only way to legally take over your parents house is by a deed, Will or through the state laws of intestacy. If your parent has died their estate must be probated.

Single Brother died No will No children No estate Trying to handle his affairs How do I get authorization for mortgage company or other creditors to talk to me?

Your brother has an estate if he has a mortgage. You need to petition the probate court in your brother's jurisdiction to be appointed the Administrator of his estate. The court will issue Letters of Administration that will enable you to carry on the business of disposing of his estate.

In Indiana is the next of kin entitled to a legacy of any type if the will leaves everything to a different minor child and no surviving spouse?

The will is set up as the decedent wished, and so only the named beneficiary is entitled. The minor child will need money to live on, and hopefully the guardian will use the money judiciously to benefit the child. There are some laws that might allow another to inherit some of the estate. If there are other minor children, the court may split the estate to insure that dependants are not left destitute and have to be supported by the state. If there are children born after the will was made, the court will adjust accordingly.

When a Motion to Adjudicate Guilt is being filed can your probation be reinstated?

If you are in jail now because your probation has been revoked, it is likely that you will remain in jail until the final decision on the motion is made by the court.

Where do you go to change the name on property deed of a deceased person to the heirs in South Carolina?

The executor of the will does it at the County Office of Deeds and Records. It should be listed under local government in the phone book.

Can a decedent's property be sold if estate has not been finalized and other half belongs to surviving spouse. Can his ex wife apply for letters of administration for their children?

Once probate or letters of administration has been obtained the deceaseds assets can be sold. If the asset is a property and it is owned as tenants in common the administrators are unlikely to find a buyer with someone in the house and unwilling to sell the other half.

Another Perspective

The answer to the question is NO. The sale of the property must come about by a license to sell from the court. The court-appointed administrator of the estate must apply for that license. In most jurisdictions an ex-wife isn't legally qualified to be appointed the administrator. She has absolutely no legal interest in the estate. She has no legal standing. The surviving spouse is the person most favored by the court for that appointment. This is a complicated situation. The surviving spouse must hire an attorney to handle the estate ASAP. The attorney can review the title to the property and the situation. She/he will be able to explain the options under the laws of the jurisdiction. A surviving spouse should act quickly when a spouse has died. She needs to take control of the situation and not sit back and allow the situation to deteriorate.

What is appointment of counsel?

It's a saying like if you are really nervous its like you made an oppointment of counsle at the worst of time

Does the Executor of the estate sign the decedents name and then sign as the executor of the estate?

No. The executor must be appointed by the probate court and signs their own name as the executor of the estate. For example: " John Smith, executor of the estate of John Doe." Be sure to add that designation, especially when signing contracts on behalf of the estate, so you do not unintentionally obligate yourself personally in any transaction you carry on for the estate.

If you are a beneficiary can you transfer to another person or does it need to go through probate?

You have no right to transfer to another person until it has been transferred to you through an estate or a court order.

Trending Questions
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