Probate

You can get letters testamentary from wherever the will is going to be probated. So go to the county courthouse probate court in Washington and get them or hire a probate attorney to do this form you.

The Executor is entitled to a fee for services performed. Under New Jersey law, the Executor of an estate is generally entitled to the following commissions: a. 6% on all estate income; b. 5% of the estate up to $200,000; c. 3.5% on excess above $200,000 up to $1,000,000; d. 2% on excess over $1,000,000 or such other percentage as the Superior Court may determine. There are different rules for commissions when there is more than one Executor, or when the Executor has rendered unusual or extraordinary services. In some cases family members may choose not to accept (waive) fees. However, a decision to waive fees should be made only after the legal (who will get the money) and tax (what is the cost of the lost deduction) issues are considered.

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You need to open an estate with the probate court. You can usually get a packet of the required forms at the courthouse. One of them will be a form asking to be appointed as the executor. The court will then accept the form and issue a Letter of Authorization which gives you the power to do the work necessary.

The executor of a will is the person responsible for making sure the wishes of the testator are carried out. They are responsible for paying off the debts and distributing the assets. They also have to pay taxes and file the appropriate reports with the probate court.

Probate is actually the offering up a will to the court as the true original and last will and testament of a decedent. The term "probate" is often confused with "estate administration." To understand estate administration, one must first be aware of the concept of a decedent's estate. "Estate" is a term commonly used to denote the sum total of all types of property owned by a person at a particular time, usually upon his death. But, it may be better to think of an estate is a legal entity ("thing") that springs into being upon the death of an individual person. It makes sense, since generally a deceased person cannot by law own property, be indebted, give property away. And so the person's "estate" assumes these roles and responsibilities, and someone must manage (or administer) the estate. Administration comes in two flavors - with a will (testate) and without a will (intestate). Where a person administers a testate estate, that person is known as the executor or personal representative. The term probate actually involves an initial step in the administration - presenting the will to the clerk's office and qualifying as the executor. In testate and intestate situations, the general responsibilities are the same: * Gather the assets of the estate * Account to the estates division for the assets * Distribute the assets according to the will. If the decedent had no will, then the property is distributed according to the North Carolina Intestate Succession Act, which may or may not represent the intent of the decedent. * File the appropriate accounting the estates division and the appropriate tax returns, both individual and fiduciary (for post-death income). Types of assets to be gathered include bank accounts, vehicles, real estate, life insurance, pensions, stocks and bonds, income tax refunds, personal effects, business interests, boats. Thomas Neagle is a North Carolina attorney with his practice focused on estate administration and planning. He can be reached at 919 932 7445.

Trusts are not probated. Wills are probated.

It varies from state to state. Most states have a minimum amount of time for an estate to remain open. This is to insure that all creditors have an opportunity to file claims against the estate. Usually the absolute minimum is 90 days. A year is certainly not unreasonable. There are some estates that have been open for decades! These are the exception and usually deal with millionaires and publishing rights. The probate process can take anywhere from three months to three years or more depending on the number and type of assets which need to be distributed in the probate estate. Additionally, liens and creditor claims against the estate can add weeks or months to the process. In many cases the probate of an estate can extend far beyond the generous time line for distribution laid out by the executor or probate attorney.

The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.

The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.

The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.

The court can appoint a successor. Family squabbling cannot be allowed to stop the probating of the estate.

Not necessarily. Depending upon the size of the estate, if the deceased owed debts and if any of the assets or property of the estate is subject to taxation, probate action may be required. The surviving family members should not transfer, sell, gift or in any manner despose of any property or assets belongin to the deceased until they have determined the status according to the probate laws of the state,

i cant afford a lawyer, the lawyer who is supposibly handling it will not callme back i am one of three children who have been left items and monies since my moms passing, can you tellme how to get some answers

Louisiana has the most complicated laws of intestacy in the US. It is the only state that has a legal system based on the Napoleonic Code. You can read more about it at the link provided below.

Yes. A person can name the same individual as their attorney in fact under a Power of Attorney and as the named Executor in their Last Will and Testament. Generally, a Power of Attorney is extinguished by law at the time of death of the principal. At that time the person named as Executor needs to petition the Probate Court for appointment as Executor.

The minimum is going to be about 4 months. You have to give those owed money at least 90 days to identify themselves.

It is possible if it meets the requirements for the appropriate jurisdiction. A holographic will (Handwritten) can be valid if it is signed and dated.

Anything younger than 18 is a minor. Until then they cannot contract or hold real property.

The right to inherit has nothing to do with who was named executor. The right to inherit remains valid with all of the children. Consult a probate attorney that knows the laws for your state. ==Another Perspective== The court appointed executor has the obligation and authority to settle the estate. Only the executor has the power to manage the assets, transfer property, close accounts, sell real estate, etc. The executor must follow the provisions set forth in the will. However, all the powers of the office may be carried out according to the discretion of the executor without any interference by the beneficiaries. If the beneficiaries have questions concerning the executor's role they should first contact the attorney who is being paid to handle the estate.

"Rights" may not be the appropriate term. A beneficiary has a "claim" to the estate, arising from their inclusion in the will. Anyway, to get to your question, a beneficiary should be given a copy of the will, so that they may view their entitlement, and the entitlement of all the other beneficiaries. Also, the Executor should contact you and inform you of their progress administrating the estate. As a beneficiary, you may have legal recourse if you do not think the Executor is administrating the estate correctly.

Yes, they can start the eviction process. They are responsible for the estate and its property. They could also collect rent.

Then his or her estate is divided according to the local laws of intestate succession, generally giving all or half to a surviving spouse or children of the whole blood, if any, and otherwise to the parents and their descendants of the whole blood, if any, and otherwise to grandparents and their descendants ... then to any step-children, then to any further distant relatives (often to a limit of 4 or 5 generations), then to the state.

If you didn't notice, nowhere in the list was there any mention of "domestic partner".

The good news is that there are books written about how to obtain better results as a "spousal equivalent", without being married, but it's complicated.

If the will is changed, there is no requirement. If the court has already appointed them, then yes, they must be notified that their letter of authorization is no longer valid.