Probate

I need correct forms to file in probate court by a relative against the executer oa a will?

Trusts are often used for estate planning. A person can transfer all their property to a trust and when they die that property is not considered part of their estate. Trust law is an extremely complicated area of law and trusts must be drafted by a professional and tailored to the needs of the trustor. They must also conform to state and federal tax laws. You should consult with an attorney who specializes in estate planning in your jurisdiction.

Trusts are often used for estate planning. A person can transfer all their property to a trust and when they die that property is not considered part of their estate. Trust law is an extremely complicated area of law and trusts must be drafted by a professional and tailored to the needs of the trustor. They must also conform to state and federal tax laws. You should consult with an attorney who specializes in estate planning in your jurisdiction.

Trusts are often used for estate planning. A person can transfer all their property to a trust and when they die that property is not considered part of their estate. Trust law is an extremely complicated area of law and trusts must be drafted by a professional and tailored to the needs of the trustor. They must also conform to state and federal tax laws. You should consult with an attorney who specializes in estate planning in your jurisdiction.

Trusts are often used for estate planning. A person can transfer all their property to a trust and when they die that property is not considered part of their estate. Trust law is an extremely complicated area of law and trusts must be drafted by a professional and tailored to the needs of the trustor. They must also conform to state and federal tax laws. You should consult with an attorney who specializes in estate planning in your jurisdiction.

If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.

If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.

If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.

If you are named in the will as the executor, have submitted the will for probate and petitioned to be appointed the executor you can secure the premises to prevent property being taken. However, you should contact an attorney who can provide legal advice for your jurisdiction as soon as possible. She will explain your rights and options.

In the United States a minor child is entitled to a portion of a deceased parent's estate. In some states an adult child is entitled to a statutory portion of the estate of a parent who died intestate. Any child who is next-of-kin to someone other than their parent would be entitled to a share of an intestate estate. You would need to be more specific and check your state laws.

Yes, that would be normal.

Is your mother still alive? Find out if your father made a will. Are you an only child? If not, he made have left his half to another child. Get a lawyer.

In order for something to be willed to someone, it has to be in the estate.

Both individuals will have equal rights to the property as tenants in common.

The IRA is usually treated seperately from the total Estate if there is no Power of Attorney on the documents so it's highly unlikely that the executor would get a percentage unless the heirs agree to it. * No. In the US, the executor or administrator of an estate is only entitled to the percentage allowed by the laws of the state probate court.

The answer depends on the laws of the state in which your father died. Most, if not all, states do not require a person to leave anything to his children.

It is very important to check your state statutes because several states have adopted "pretermission" statutes that generally allow a child omitted from the provisions of a testator's will to take an intestate share, i.e., equal in value to what the child would have received if the testator had died without a will.

Pretermission statutes presume that the failure of the testator to provide for the child was accidental. Under these statutes, when a testator fails to provide in his will for any of his children born or adopted after the execution of his will, several states recognize the inheritance rights of the omitted children.

In Massachusetts a testator can defeat the omitted child provisions by specifically stating in the will that he has intentionally omitted his children or certain of his children and naming them.

The judgement should be resolved before the property is transferred. If there are not enough assets to cover it, the property would have to be sold to pay the judgement. If someone wants the house, it might make sense for them to pay it to keep the property.

You need to consult an attorney who specializes in probate in your area who can review the situation, the first probate proceeding and the will, and explain your options, if any.

If "titled to both names" means "joint tenants" or "tenants by the entirety", then the absence or presence of a will is irrelevant because the surviving spouse obtains full ownership through the deed, not through probate.

An Executor settles an estate when the decedent had a will.

If there is no will the estate must be settled by an Administrator. Any one of the decedent's children can petition the probate court to be appointed the Administrator of a parent's estate. The property will pass to the heirs at law according to the state laws of intestacy after the debts of the estate have been paid. The Administrator settles the estate under the supervision of the court. You should consult with an attorney who specializes in probate law who can review your situation and explain your options and the costs of probate.

If the estate contains enough assets to settle all of the debts, they can. Also, the executor is, by law, entitled to be paid for their time. The rate is often set by law and the probate judge has to approve the distribution. If they have properly documented their time, it is reasonable to bill the estate and collect it.

An administratrix is a female administrator.

You need to check your details. An executor doesn't manage a trust. If property is in a trust it is not part of an estate and it's managed by a trustee. The instrument that created the trust sets forth the powers of the trustee even when the trust is set forth in a will. Those powers usually include the power to sell real estate.

Generally, an executor cannot sell property unless they have filed the will for probate. Then, generally, to sell the property the executor must be given that power in the will or issued a license to sell real estate by the court.

In order for title to real estate to pass to the heirs the estate must be probated. Until it is the property will remain in the estate and can't be sold, refinanced, transferred or mortgaged. It cannot be insured because the deceased owner can't apply for insurance. If you don't notify the insurance company the owner has died it may refuse to pay if there is a claim made for fire damage, storm damage, injury, etc. If the property is uninsured and someone is injured on the property they can sue the estate and may become the new owner.

Do you really want to do that to your mother? If the estate didn't have the money, it could not pay you. Your mother probably owns the house free and clear and you would not be able to place a lien against it. Consult an attorney in your area for specifics.

Answer: When a person dies without a will and has a long term partner to whom he is not married, the partner is not an heir. Unmarried life partners MUST have good quality wills drafted to protect each other's interests in their possessions.

When a person dies intestate (without a will) the court must appoint an Administrator to settle the estate. The court's first choice would be the surviving spouse. If they cannot serve any child can request appointment as the Administrator. The family should get together and agree on one person who has the best communication skills, organization skills, intellectual skills and integrity. You should consult with an attorney who specializes in probate law.

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Whether a grown child is estranged from his or her parent does not affect that child's right to inherit from the parent. The grown adult child's right to inherit ("get anything") depends on three things. First, does the adult have a will and is the adult child named in the parent's will? If so, the adult child will inherit, even if he or she is estranged from the parent. Second, if there is no will, then the laws of intestacy determine who gets the property of the dead parent. These laws vary from state to state and are determined by the state of residency of the dead parent. Often, assets of a dead parent are split between a surviving spouce and children under such laws. Lastly, the adult child could inherit ("get something") if he or she is named as a beneficiary on a life insurance policy, brokerage account, bank account or if he or she is a joint tenant or tenant in common on a piece of property or other asset. These assets pass outside of the dead person's estate and that person's will.

Asset information forms need to be completed upon death of someone. This is the same for insurance policies, beneficiary designations, deeds for real estate, car titles as well as closely held business documents.

Generally, yes, as long as sufficient records are kept to determine which, if any, benefits were distributed improperly. For example, painting and landscaping the property would be a serious waste of the estate money if the property is going to be immediately deeded to an heir (who should reimburse the estate for the expense). However, if paint and landscaping are reasonably necessary to liquidate the house FOR the estate, then those improvements may be part of the reasonable cost of sale of the house to the joint benefit of all beneficiaries of the residue.