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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 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.
No. The person who receives Letters of Administration has the right to settle the estate only. The court should appoint guardians ad litem (for the two adult children) whose job is solely to protect and advocate for the best interests of those children in the settling of their mother's estate. The children should also have a permanent legal guardian appointed who can manage their affairs and sign legal documents on their behalf.
You need advice on how to handle any inheritance due to the children. Any assets they inherit should be placed directly into a special needs trust and should not come directly into their possession as individuals. The autistic siblings must receive some sort of government entitlement such as social security disability. When an individual who receives a government entitlement receives any assets it may affect their entitlement. In fact, it may disqualify them until the assets are spent. Someone should contact an attorney who specializes in special needs law or a local agency that provides legal assistance to people with special needs ASAP.
How long after someone dies can bill collector demand money from an Estate in Ohio?
See the related section from the Ohio Probate Code:
(B) Except as provided in section 2117.061 of the Revised Code, all claims shall be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period. Every claim presented shall set forth the claimant's address.
(C) Except as provided in section 2117.061 of the Revised Code, a claim that is not presented within six months after the death of the decedent shall be forever barred as to all parties, including, but not limited to, devisees, legatees, and distributees. No payment shall be made on the claim and no action shall be maintained on the claim, except as otherwise provided in sections 2117.37 to2117.42 of the Revised Code with reference to contingent claims.
Once the will has been filed in probate the file becomes a public record. You can visit the probate court and request the file. You can sit down and review its contents and make any copies you need. It is a good way for the interested parties to make certain the executor is performing their duties as executor. The inventory will show what property was owned at death. The final account should show the disposition of the property.
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First, the most recent Will is the one that is presented to Probate Court for "allowance". Keep in mind that many people change their Wills prior to their death. It is customary to include a clause at the beginning of a new Will that states the testator is hereby revoking all other Wills made prior to the current version.
If you have a copy of the prior Will naming you as beneficiary you can submit it to the Court for review along with your objection to the allowance of the later Will. Remember that an objection to a Will will not be entertained simply because you are not happy with the testator's decisions. There must be a material defect in the contested Will that makes it legally invalid or you must prove the testator was incompetent or under undue influence when she drafted her later Will.
If you think you have a valid claim then you must file your objection within the time frame expressed in the notice of Probate that you should have received. The Court will schedule a hearing and will review your documentary evidence and hear testimony.
No. The property is not a part of the estate of the executor.
The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as long as they are willing to serve.
No. The property is not a part of the estate of the executor.
The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as long as they are willing to serve.
No. The property is not a part of the estate of the executor.
The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as long as they are willing to serve.
No. The property is not a part of the estate of the executor.
The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as long as they are willing to serve.
How long does it take to divide the estate among heirs?
This depends on the estate, the jurisdiction (what state) and the executor. In my mother's estate, there were three releases sent to the heirs. The final release had to wait for the "Tax audit release" proving that the Canadian feds weren't going to audit her taxes. That took sixteen months. But the executor cut the first check at just under two weeks. Officially nothing should be distributed until the tax people are finished. The executor might have to make up the lost funds to the government.
You need to schedule a consultation with an attorney who specializes in probate in your area. The probate code is too long to provide at this website.
If the decedent had two children and no will the estate would pass to his children equally according to the state laws of intestacy. If one child granted a power of attorney to his mother that means she has the authority to represent him in all legal matters. It does not affect the inheritance.
If the decedent had two children and no will the estate would pass to his children equally according to the state laws of intestacy. If one child granted a power of attorney to his mother that means she has the authority to represent him in all legal matters. It does not affect the inheritance.
If the decedent had two children and no will the estate would pass to his children equally according to the state laws of intestacy. If one child granted a power of attorney to his mother that means she has the authority to represent him in all legal matters. It does not affect the inheritance.
If the decedent had two children and no will the estate would pass to his children equally according to the state laws of intestacy. If one child granted a power of attorney to his mother that means she has the authority to represent him in all legal matters. It does not affect the inheritance.
Can the executor withdraw money from the deceased CD?
They are certainly able to do so. There has to be a full accounting of the funds in their control. They may need to pay off debts of the estate.
Can probate stop the sale of real estate already in progress if the owner dies?
It can delay the closing but if the decedent fully executed a P&S agreement it is an encumbrance on the real estate. The delay would be in obtaining a deed from the estate. The executor or administrator must have or obtain the power to sell the real estate. You should consult with an attorney who specializes in real estate law.
When a divorced father dies who are the legal heirs-at-law his children or his parents?
United States
Generally, the children would be considered the heirs-at-law under state laws of intestacy in the United States. The parents would have no rights in the estate but they maybe qualified under state law to petition to be administrators of the estate. You should consult an attorney who specializes in probate law in the state of residency of the deceased.
You can check the laws of intestacy in your state at the related question link provided below.
Can the executor remove an occupant living on the property?
Yes, they can make arrangements to do so.
Who inherits if the child that was to inherit dies before the inheritor?
The inheritance of any deceased person is divided amoongst the remaining heirs.
The property of the wife would be distributed to family in accordance with applicable instestate law, including to the husband.
After the husband died, his property (including any property inherited from the wife) would be distributed to his survivors according to applicable intestate law.
Do you need an executor if you have no estate?
In the Uk, it is not necessary to write a will or appoint executors if there is no estate unless you particularly want your personal items distributed in a certain manner.
How can you get a new check issued after it expires?
Only the person who issued the check can give you a new check. There is no way to get a new check automatically once the old one you have expires. It is your responsibility to deposit the check for payment within 90 days from the check date in order to ensure that the check does not expire.
