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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
The estate is responsible to pay the bills. The property can be sold to settle the debts.
After the will has been allowed and the executor has been appointed by the court the executor is obligated by law to carry out the distribution as set forth in the will by the testator. The executor has no authority to change any provisions that were made by the testator unless that power was also granted in the will.
There is no "procedure for negotiating" with beneficiaries who want a "more fair deal" than was provided by the testator. The executor needs to seek some advice from the attorney who is handling the estate. The executor needs a primer on their legal obligations and personal liability if they overstep their authority and decide to operate outside the probate laws.
When a person dies does an estate have to be set up?
If you want to close things out and keep the creditors from bothering you in the future, an estate is a good thing. And if there is real property involved, it is pretty much required.
What happens to a will if there is insufficient money to meet a bequest?
The answer depends on several factors and state laws vary.
The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.
If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.
The answer depends on several factors and state laws vary.
The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.
If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.
The answer depends on several factors and state laws vary.
The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.
If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.
The answer depends on several factors and state laws vary.
The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.
If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.
Can a beneficuary deny appointed executor?
No. Once an executor has been appointed the beneficiary has no power to deny their authority.
The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.
No. Once an executor has been appointed the beneficiary has no power to deny their authority.
The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.
No. Once an executor has been appointed the beneficiary has no power to deny their authority.
The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.
No. Once an executor has been appointed the beneficiary has no power to deny their authority.
The beneficiary can file an objection at the time of the filing for the appointment as executor. The court will render a decision after reviewing the objection. If the court decides to appoint the named executor that person will have the legal authority to settle the estate free from the interference of the beneficiary unless they abuse their position. In that case the beneficiary can file a complaint with the court. However, frivolous complaints will not be tolerated.
Please don't totally trust me on this but the money probably goes to the kids. If they didn't have kids, the money would go to family members and sadly if they didn't have family then it would go to friends. If, (even more sad) they didn't have friends, i have NO IDEA where it would go.
What happens if sole beneficiary dies before testator is settled?
That information should be included in the initial petition for probate.
The interested parties should consult with an attorney or with the attorney who is handling the decedent's estate. Depending on the language in the will, the inheritance may have lapsed or may have passed to the estate of the beneficiary. The situation needs a review by an attorney who can determine whether the executor has failed to perform their duties and also determine the legal status of the inheritance.
That information should be included in the initial petition for probate.
The interested parties should consult with an attorney or with the attorney who is handling the decedent's estate. Depending on the language in the will, the inheritance may have lapsed or may have passed to the estate of the beneficiary. The situation needs a review by an attorney who can determine whether the executor has failed to perform their duties and also determine the legal status of the inheritance.
That information should be included in the initial petition for probate.
The interested parties should consult with an attorney or with the attorney who is handling the decedent's estate. Depending on the language in the will, the inheritance may have lapsed or may have passed to the estate of the beneficiary. The situation needs a review by an attorney who can determine whether the executor has failed to perform their duties and also determine the legal status of the inheritance.
That information should be included in the initial petition for probate.
The interested parties should consult with an attorney or with the attorney who is handling the decedent's estate. Depending on the language in the will, the inheritance may have lapsed or may have passed to the estate of the beneficiary. The situation needs a review by an attorney who can determine whether the executor has failed to perform their duties and also determine the legal status of the inheritance.
How do you determine where the decedent's estate was probated?
A decedent's estate is probated in the county where she/he owned property. Check first at the county probate court where the decedent lived.
Can a grown child live in mother house after she died before will goes to probate?
There are a number of ways for this to occur without a problem. They could be working on behalf of the executor to preserve the property. Or they could be paying rent to the estate.
Is a Real Estate buyer allowed to check a title commitment without seller's permission?
While the estate is being probated, the executor is the legal representative of the estate and has been issued Letters Testamentary that authorize her to act on behalf of the estate. The power to sell real estate is generally granted in the will, if not, then the executor would need to petition for a license to sell the real estate.
What free site can you go to to find out if you were left in a relatives will in Texas?
Find out where the relative died a resident of, call the probate court of that jurisdiction and request a copy of the will. If a probate estate has been opened it should be a matter of public record. FYI- they will charge you for a copy of the will in most cases. If there is property or valubles involved consult with an attorney.
Very likely, your state has a law that requires anyone in possession of a Will to deliver it to the court. You can file a motion with the court to require her to produce the Will.
If the daughters have POW can the astranged husband have a say?
I will assume you mean that the daughters have power under a Power of Attorney.
The POA gives the daughters the power to act on their mother's behalf and for her convenience managing her business affairs by performing such tasks as signing checks, selling her individually owned property, filing tax returns, etc. However, it sounds as though she is still married. Her husband may have the power to make medical decisions and funeral plans in the event of her death. He would also automatically inherit a portion of her estate by law in most states.
If they have been estranged for many years and do not plan to resume their life together your mother should seek a divorce. That would end any legal rights her husband has now regarding her property and his rights as a spouse.
What is the definition of personal effects when used in a will?
Anything that is not real property or negotiable securities. A house, boat or car is titled property and not personal effects. Pretty much everything else is chattel or personal effects.
How long after the death of a loved one does the executor have to settle the estate?
That's determined by the probate laws of the state in which the person was a resident at the time of his or her death. The interested party can contact the office of the clerk of the probate court in the county where the person died to obtain the needed information.
The Texas intestacy law will be applied. In most cases the estate will be split.
When the administration is closed can the administrator sell property?
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.
If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.
If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.
If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.
If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.
Can beneficiaries give up their trust from a will?
Yes, they may decline the inheritance. There is no legal requirement to accept something you do not want.
Can executor appoint a representative?
If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.
Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate.
If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.
Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate.
If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.
Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate.
If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.
Yes, the executor of the estate may do what they can to insure the value of the estate doesn't lose value. But the estate will need to file a tax return for the rental income.
If a person dies in Virginia are the stepchildren considered as heirs?
Wills say it all, and that's why people should have one (even people in their 20s if they have personal posessions or property.) If this person in Virginia has left a Will, then the only way step-children would get any portion of the Estate is if that deceased has provided this in his/her Will. As step-children, and if you feel it's unfair then you can "contest this Will." If the person died intestate, a stepchild will be considered an heir by operation of law only if the stepchild was legally adopted by the deceased party. Otherwise the will determines who the heirs are.
What is the first thing to do if your father passed away and there isn't a will?
Speak with friends who can recommend a decent probate attorney in the domiciled county. If they don't know one ask a trusted doctor.
The probate attorney will let you know what to do.
Do you have to probate a will if everything is left to one person?
The necessity of probating a will depends on several factors, including the laws of the jurisdiction where the will is being probated and the assets involved. In general, if the estate has assets that require transfer of ownership, such as real estate or financial accounts, probate may be required to legally transfer those assets to the beneficiary.
What is a wife right when she is separated from her husband and he dies?
If they are still married, she has the same rights as any spouse. That may include a dower right or full inheritance.
