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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 are the three levels of probation?
intensive supervision probation. parental supervision of the officers and the high risk offenders. then where juveniles continually fail to be helped by local court system and end up in juvenile jail.
How long does it take for an estate to go completely through probate in SC?
There is no specific time frame in South Carolina. The estate has to be inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.
How long does broker have to execute sell order?
A broker typically has to execute a sell order as quickly as possible, usually within seconds or minutes, depending on market conditions and the type of order placed (e.g., market or limit order). In most cases, market orders are executed almost instantly at the current market price, while limit orders may take longer to fill based on the specified price and market activity. However, there is no strict regulatory time frame for execution, and delays can occur in volatile markets.
What are an heir's rights regarding the actions of an executor?
More input from FAQ Farmers:
- I would contact the probate court in the town your parent lived in, verify with them that it is the correct probate court and then see if the will has been probated. Sometimes small estates don't need to be probated, however they can be. See if you can petition the probate court to prove the will. The court will order that anyone having knowledge of a will, to produce it for the court. If that doesn't work, then your parent died intestate. The probate court can tell you what to do nonetheless.
- Options available: (1) ask for special request of notice. (2) ask that the trustee be bonded. (3) verify the deed of trust (house) title of car. (4) show proof to the bank; look for unusual payouts. (5) try to get copy of credit report. DO NOT believe what you hear from a trustee.
- An executor of a will has fiduciary duties under the common law, to act within the parameters of the testamentary document - to the letter! - and to do so always safeguarding each and every interest therein delineated. This means that not a dang thing can be changed, or withheld, or used to benefit ANYONE in ANY WAY (ESPECIALLY NOT THE THE EXECUTOR HERSELF!) without flat out breaking the law. If an executor pulls stuff, immediately the party wronged files suit civily for breach of the executory duties and pleads for immediate removal of the executor for this breach, alleges damages (whatever they might be), and asks the court to act quickly to appoint an interim executor (an uninterested, unbiased individual of the court's choosing who has experience in this sort of thing - usually a lawyer or big banker type) who will take the reins while the aggrieved party litigates the issue of the wrongdoing. Now, the judge may say, hey, I don't see anything untoward here, you have not shown me enough evidence in your plea to me that this executor did anything wrong, and could refuse to remove her. Generally, though, in a case like this, it's so obvious that the accused executor really did act wrongfully - why else would there be an appeal to the judge like this, and the whole will/trust/whatever will be be placed in the independently appointed trustee's hand until it is sorted out. I wish I could describe some of the wild, seminal lawsuits we all read in law school about this stuff- it can get very nasty indeed - he said, she said, etc. But the key thing is that the will or trust, assuming it is valid (a whole other story) reigns supreme, and there is no way an executor can fiddle with it.
NO. A will has to be witnessed by two witnesses who are not party to that will, as well as signed by the deceased while of 'fit mind'.
Can a person be an executor to the estate he owes money to?
Yes. Nothing prohibits a testator from choosing a person as his or her executor simply because there is a debt between them. In the matter of who is to be the executor, courts go to great lengths to honor the wishes of the deceased. The beneficiaries will be able to challenge in court the manner in which the executor handled repayment. An executor might be held to a higher standard of proof if he or she disputes the claim in full or in part than any other creditor might be held to. In other words, although it appears that there is a conflict of interest in the executor handling his/her own claim, there are remedies available to beneficiaries to ensure proper handling of that claim that do not thwart the decedent's personal choice of the person to be the executor.
The minimum time in Illinois is six months.
Generally the estate has to be open for six months to wait for claims to be filed. However, if the decedent has already been dead for 2 years then the statute of limitations to file has passed and if everything else is taken care of then the estate can be closed.
A minor's estate passes first to her parents. For an interactive site with information on various state intestacy laws try the link below.
Can your dads ex wife take a portion of your house?
If she is a part owner, yes.
If she is a part owner, yes.
If she is a part owner, yes.
If she is a part owner, yes.
Such action is not possible as the probate court must rule on whether the property is subject to partitioning of any sort or is exempted from probate procedure. If the house (or brokerage accounts, or bank accounts, etc) were put into the name of your parent and you, prior to his or her death, as "joint tenants with right of survivorship," then the property would "automatically" become yours upon the death of the other joint tenant.
Does the original executor have to be notified if a new executor has been named?
Yes. The court will notify the original executor they have been removed although they should already be aware there are problems with their fulfillment of their duties. If they didn't request to be removed as executor then the beneficiaries requested their removal. They are required to file an account detailing their activities regarding the estate assets.
The original executor does not have to be notified if the situation is one where a person during his/her lifetime makes a new will in which a new executor is named.
What to do with a will when someone dies?
You must first be certain that what you have is the original (and not a copy) of the Will and that this is the LAST version of the person's Will.
The Will usually appoints an executor who is responsible for carrying out what the Will sets out. The Will should be given to the executor(s) along with the death certificate and all the information you can find relating to the persons bank accounts, shares and property holdings (all that the deceased owned). The executor(s) will then prove the Will in a court of probate and once that has been done and any outstanding taxes and debts have been settled, they will distribute the estate (the dead persons property) as the Will instructed.
Contact the Attorney or whomever Legally drew up the Trust. * The attorney will not give out such information. If the trustee refuses to supply the beneficiaries with a copy of the trust or the information that is sought, the interested party will need to petition the probate court for a copy of the document.
If you are left funds in a will can you withdraw these without going to probate?
A will must go through probate and the transfers documented. That makes sure all of the legal requirements are met and taxes paid.
Does a lien on property have to be claimed when an estate is created?
If it is already in place, there is no need to claim it, it is a known debt, but it never hurts to ensure that the executor has the appropriate information.
Yes, it's called marital possession
What are the creditors' rights on estates without wills?
They have the same rights as they have with an estate that has a will. The creditors file their claims with the executor.
Can executor make no effort to sell the inherited propriety?
You haven't provided enough details.
- Have the heirs requested that the executor sell.
- Was the executor instructed to sell in the will.
- Was a license to sell issued by the probate court.
- Is the estate settled.
If the executor was ordered to sell and hasn't made arrangements to market the property then you should complain to the probate court to compel them to carry out their duty or ask they be replaced. If the probate process is completed and the executor was under no obligation to sell the property, title has vested in the heirs and they can sell the property.
Briefly, the will needs to be presented to the probate court for allowance. By that process the court will appoint an executor and from that point on the court will have jurisdiction over the estate. The executor will be obligated to follow the provisions in the will and you will have the legal right to monitor the probating of the estate. No one has any power to act until the will has been probated. Title to the property does not pass until the estate is probated.
What are Connecticut's executor fees?
Most states have executor fees of 2-5%. Connecticut law does not state these fees, and only states what is reasonable compensation.
In the state of Virginia can an executor also be witness to and beneficiary of a will?
Being named the executor and the beneficiary, and then signing as the witness would leave the will vulnerable to challenges. A beneficiary is often named as executor in a last will. Generally, you should not be a witness or notary of any written instrument from which you will benefit.
However, in Virginia it may be legal according to the following section: § 64.1-51. Interested persons as competent witnesses. No person shall be incompetent to testify for or against the will solely by reason of any interest in the will or the estate of the testator.
You should check with an attorney in Virginia who specializes in probate.
