Probate

Once someone has died, they can longer receive an inheritance.

Yes you certainly can and they can also be your trustees too!! Some people also have more than 2 executors!!

This will depend on whether the estate is solvent or insolvent. In a solvent estate, when a specifically devised asset is sold, the proceeds of the sale go to the named beneficiary. This assumes that the beneficiary consents to the sale of the asset, because a specifically devised asset must be given to that beneficiary unless that beneficiary consents. An executor who sells such an asset without consent could be sued for damages. In an insolvent estate, if specifically devised property is sold because there is not enough cash in the estate to pay all debts, then some or all of the proceeds of sale will go into the estate to pay those debts, with any remaining amount, if any, going to the named beneficiary.

Most (if not all) states require a will to be filed with the clerk of the court in the county where the decedent lived. Once the will is filed, it becomes public record and anyone can request a copy.

All of the assets the have and anything they owned within the last two years and gave away. The executor has to inventory and value all of them.

There is no formal reading of the will. If you are a beneficiary, you will be given notification and an opportunity to know the appropriate parts of the will. If there is no will, you may still be contacted -- if you are a relation with reasonable expectation to inherit from the estate.

The money can be held in trust by the court and they may turn it over to the county auditor. But the executor should make an honest effort to locate the individual by paying a private investigator to conduct a nationwide search through databases which are more accurate, or I can assist you with the search as a genealogical researcher with access to similar databases. If you need help see my bio.

The life insurance company holds the money without contributing interest. There is no time limit on the time you can file a death claim.

For a person dying after 1/1/2003, $1,000,000.00 (one million dollars).

Answer: A will made during marriage would become void after a judgment of divorce as to any provisions made for the ex-spouse unless it specifically states otherwise. Divorce decrees generally refer to a Separation Agreement made by the parties. Those agreements usually include a statement that the property has been divided and each party is surrendering any claim they may ever have to the other's estate forever. I think you may however have standing to make a claim for child support arrears.

This situation depends on the tenancy that was recited in the deed. If you were joint tenants with the right of survivorship then full ownership automatically passed to you upon your mother's death and there is no need for probate. However, if you owned as tenants in common, your mother's half interest would pass to her heirs at law and the estate would need to be probated for title to vest in the heirs.

People support it because they believe in second chances and/or to save their taxpayer dollars. Authorities support it because they don't have to house people if they make parole. It can be a revolving door, especially since parole violators are not sent back to prison unless the parolee does something really bad and authorities have no choice. But for a fortunate few, it is a second chance.

While that would help speed up the process after she dies, it isn't necessary because she has a will.

Yes. If the beneficiary does not want to assume the financial responsibility of the property he or she is not legally entitled to do so. They may refuse the bequest and the issue will be disposed or distribted according to the state probate laws.

You have not explained who you are or if you have legal guardianship over the sister. You should consult with an attorney if possible. You may be able to obtain a restraining order and/or file a lawsuit. If you cant afford an attorney then collect your evidence of repeated complaints that were determined to be unfounded and visit your local civil court to get information about filing for a restraining order. Your documentation can be submitted to the judge at your hearing.

The court will look at the Will to determine if an alternate executor is named. If not, then the state probably has a list of people, in order, who should be named as administrator of the estate. Relationship to the deceased executor is irrelevant.

Yes. However, the first executor would need to have just cause to be successful in a petition for the removal of the other executor. Factors the court will consider include but are not limited to the following: neglect of duties, waste of assets, lack of cooperation with co-executor, unwillingness to act responsibly and effectively. The court will review the matter and decide if it would be in the best interest of the beneficiaries to remove that co-executor.

Certain documents that must be filed in an estate have schedules such as inventories and accounts.

It is usually not necessary to put ownership of Life Insurance into your living trust. I normally recommend that the policy be kept outside the trust as the proceeds will pass without probate. Discuss the tax considerations of who should be the owner with a tax professional familiar with estate taxes.

I normally recommend that your spouse (if married) be the principal beneficiary of the insurance with your living trust as the contingent or secondary beneficiary. This way, if your spouse precedes you in death, the policy will pay proceeds to the trust which will distribute the proceeds with the rest of your estate exactly as you have planned without probate.

Inestate succession [if someone dies without writing a will]: if the deceased has a living spouse but no living children, the estate goes to the spouse. If the deceased has living children but no living spouse, the estate is divided equally between the children. If the spouse and children are alive, the spouse gets half of the estate and the other half is divided equally among the children. If neither the spouse or children are alive, but the deceased's parents are alive, the estate goes to the parents.

Testate succession [will determines how estate will be divided]: testator [person making the will] decides how to divide the estate and to whom different parts of the estate will be given. The testator can choose to give all or part of the estate to their spouse, children, or other family members. The testator can make any kind of property distribution they desire. Usually an executor is appointed, and their job is to ensure that the testator's wishes are carried out. If no executor is appointed, the state will appoint an executor. The testator can make any kind of property distribution they desire.

Inheritance tax: Kansas doesn't have a general inheritance tax, but it does have a state estate tax. The differences are significant. Old laws in Kansas taxed the person receiving an inheritance. But as of 2010, the tax duty has been imposed on the estate rather than the beneficiary.

Yes. The proper maintenance of the decedent's property is the responsibility of the executor until the property has been sold or distributed. If repairs are needed the executor can make the decision to have them done.

Yes.