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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
Because if I bother to answer a question, I know what I'm talking about.
An estate must be probated in order for title to real property to pass to the heirs at law or beneficiaries of the will. You should consult with an attorney before you accept that any "statute of limitations" has passed for probating the will.
The will must be examined and approved by the probate court in order to pass title to property to the beneficiaries named in the will. If the will is not allowed then an Administrator will be appointed and the property will pass according to the state laws of intestacy. You can check your state laws at the related question link below.
When a father dies without a will do his minor children have rights to his estate or do his parents?
Generally, the surviving spouse and the minor children would be the legal heirs-at-law. If the father was divorced, his children are his heirs-at-law. You can check the state laws of intestacy for your state at the related question link below.
Can a surviving parent be executor if there are living children?
Yes, that is very common. The spouse is typically the executor of the estate.
Can a beneficiary sell the estate?
A beneficiary does not have the right to sell the estate. Only the executor can sell property.
The beneficiaries of a will inherit the estate after any debts have been paid. That may mean that a property has to be sold. If so, the current residents have to be evicted, and the executor (as the owner of the estate at this time) is the one responsible for doing so.
Note that by showing sympathy and allowing you to stay in the house, your brother would have opened himself up to serious legal action from the creditors, and the law.
Yes. Any time a person dies owning property in the US their estate must be probated. Title to real property does not vest in the heirs until the estate has been probated. Until then the real property remains in the estate and has no legal owner. It cannot be sold or mortgaged or insured.
You must consult with an attorney who specializes in probate law who can review your situation and explain your options. If your mother died intestate (without a will) her property will pass to her heirs-at-law under the state laws of intestacy. You can check the laws of California at the related question link provided below.
Your Father died there is no will what do you do?
You should go to the local probate court and apply for Letters of Administration (as opposed to Letters Testamentary when there is a will). You will need the names and addresses of all children of the decedent and perhaps of children of any child who predeceased the decedent. You might also need to have some idea of the value of the estate. All states have laws that determine who among the decedents family receive a share of the estate, so you will need to know those as well. The probate court might give you that info or you could research it yourself or hire a lawyer. All of the children of the decedent have an equal right to be named administrator, so there will have to be some agreement as to which one it will be.
It depends on the circumstances. An executor has no power until the Will has been allowed by the probate court and the court has appointed the executor. Once appointed, the executor has the authority to settle the estate according to the terms of the will and the laws in the jurisdiction.
The debts must be paid first.If there is not enough cash remaining to pay legacies the executor can substitute personal property according to their discretion, but they are required to make any substitution in a fair and equitable manner.
If you think the executor is not performing their duties in a fair manner you can file an objection with the court asking for an impartial appraisal of the personal property. The costs will be paid from the estate further reducing the assets available for distribution. You should speak with the attorney who is handling the estate to see if the situation can be resolved before further costs are incurred.
It depends on the circumstances. An executor has no power until the Will has been allowed by the probate court and the court has appointed the executor. Once appointed, the executor has the authority to settle the estate according to the terms of the will and the laws in the jurisdiction.
The debts must be paid first.If there is not enough cash remaining to pay legacies the executor can substitute personal property according to their discretion, but they are required to make any substitution in a fair and equitable manner.
If you think the executor is not performing their duties in a fair manner you can file an objection with the court asking for an impartial appraisal of the personal property. The costs will be paid from the estate further reducing the assets available for distribution. You should speak with the attorney who is handling the estate to see if the situation can be resolved before further costs are incurred.
It depends on the circumstances. An executor has no power until the Will has been allowed by the probate court and the court has appointed the executor. Once appointed, the executor has the authority to settle the estate according to the terms of the will and the laws in the jurisdiction.
The debts must be paid first.If there is not enough cash remaining to pay legacies the executor can substitute personal property according to their discretion, but they are required to make any substitution in a fair and equitable manner.
If you think the executor is not performing their duties in a fair manner you can file an objection with the court asking for an impartial appraisal of the personal property. The costs will be paid from the estate further reducing the assets available for distribution. You should speak with the attorney who is handling the estate to see if the situation can be resolved before further costs are incurred.
It depends on the circumstances. An executor has no power until the Will has been allowed by the probate court and the court has appointed the executor. Once appointed, the executor has the authority to settle the estate according to the terms of the will and the laws in the jurisdiction.
The debts must be paid first.If there is not enough cash remaining to pay legacies the executor can substitute personal property according to their discretion, but they are required to make any substitution in a fair and equitable manner.
If you think the executor is not performing their duties in a fair manner you can file an objection with the court asking for an impartial appraisal of the personal property. The costs will be paid from the estate further reducing the assets available for distribution. You should speak with the attorney who is handling the estate to see if the situation can be resolved before further costs are incurred.
If you die unexpectedly how do you set up an estate and appoint an executor?
If you have died unexpectedly, you aren't going to be doing any of it!
Your family can submit the forms to the court and the court will issue the appointment. If everyone in the family agrees and signs off on who is to do it, the judge will normally agree. If there is controversy, they will appoint a neutral party, usually an attorney or a bank, to oversee the estate.
Your best bet is to contact a probate attorney in your state for specifics. In many cases, the basic paperwork can be obtained at the court house.
How long can a beneficiary stall a probate of a will?
The laws vary in every different jurisdiction. It is not possible to give you a precise answer. Generally, when a will is submitted to the probate court for allowance and appointment of the executor there is a statutory period during which the will can be challenged and objections to the appointment of the executor can be filed. That must be done in writing. If either or both are filed, the court will schedule a hearing and render a decision. The probate procedure then proceeds.
Beneficiaries are asked to sign assents at several points during the process. If one refuses to sign, a notice of the matter is published and the process proceeds. Difficult participants may file objections and complaints in writing during the process, the court will rule and the process will proceed.
The executor is entitled to compensation for performing their duties. If you require more specific information you should consult with an attorney in your jurisdiction who specializes in probate or with the attorney who is handling the probate in question.
When a person dies intestate what does that mean?
Intestate means that the deceased person did not leave a will. The estate will be administered according to the statutory provisions of intestacy of the state where that person lived.
Do I have to file both a 2009 Form 1040 and 1041 for my mother's estate?
If your mother passed away during the year, yes. The 1040 is for the time that she was living. The 1041 covers the estate for the remainder of the year.
Is life insurance considered part of a decedent's estate and are the proceeds taxable?
There are several factors to consider when determining if life insurance is part of a decedent's probate estate and whether the proceeds are taxable in the US. Taxation of estates is an extremely complex area of law. You should always consult with an attorney and tax expert for advice regarding tax issues.
Generally and briefly:
If the decedent owned the policy on his/her own life, the insurance proceeds will be a part of the taxable estate (gross estate). However, most estates no longer reach the threshold of taxability regarding the federal estate tax. (If the policy was owned by someone other than the decedent, the insurance proceeds will not be part of the taxableestate.)
If the decedent named a beneficiary, the proceeds will be paid directly to the beneficiary, bypassing probate (but remember as stated above the proceeds are considered part of the taxable estate). The proceeds are generally not taxable to the beneficiary.
If the decedent did not name a beneficiary, the proceeds will become part of the estate and as such, vulnerable to creditors. The proceeds will be distributed according to the terms of the will or by the laws of intestacy if there is no will.
Have a will with no executor who executes the will?
The court will appoint an executor. Any person who is interested in the estate can petition to be appointed the executor: friend or family. The family can ask for a volunteer or ask someone they trust. Then, when the will is submitted for probate that person will also petition to be appointed the executor. You should consult with an attorney who specializes in probate. The rules are more strict for the appointment of an administrator.
Can a probated estate be reopened?
If you find an additional asset of the decedent's, you can petition the court to re-open an estate.
When will I receive a notification of an inheritance?
In the UK it will depend on who is handling the dead persons estate. So the time of notification might vary, however if a will is present at the time of death, people usually know if they are going to benefit. However nothing can be paid out from a will before six months has elapsed after the death of a person. This is to allow time for creditors to make a claim against the estate. After bills are paid, sometimes there is nothing left to be paid out. Best to check with the executors (those in charge of handling an estate, named in a will) or next of kin of the deceased person, though early enquiries might not be to welcome.
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Does a person have to file for estate if the person that died has nothing?
Yes, it is a good idea to go through probate. That makes sure all of the legal requirements are met and taxes paid.
The executor has a duty to the estate to bring the best possible price for the liquidation of the assets. The executor will list the property for what it is worth, not what the beneficiary wants.
Why will you always have a favorite niece that you really can talk to?
I believe everybody will have their own personalities.You might have that one neice that is self centered and the other one may be caring.You just find it easier to talk with the caring.She might have that personality that you just love. RavenL.
That depends on the laws of the state of probate. Generally though, an administrator does not have to show beneficiaries copies of everything he is doing while the estate is being administered. Most state laws allow administrators some freedom from interference from beneficiaries. But, there will come a time when the administrator has to account to the beneficiaries for what he has done and at that time he will have to show receipts for everything in order to prove to them that payments were proper. So, during administration, he might not have to show those receipts upon request, but later on he will. A smart administrator will provide some information to the beneficiaries along the way so they don't get antagonistic. (Antagonistic beneficiaries are not fun to deal with). Plus, if he voluntarilly gives them receipts early on and they don't object, then they might not be allowed to object later on.
Probation is a SENTENCE given to you after you have been found, or pled, guilty. If you have not satisfied all the provisions of your probation then you have NOT competed your sentence. If I were you I'd get to it. If you don't complete your court ordered obligations you could be found in Violation Of Probation, and jailed.
