Probate

You are just the guardian. You own nothing.

As I am not an attorney, nor in the legal profession, this will be a layman's answer, until a professional improves it. The laws governing Probate [the process of settling the just debts of a deceased's estate, and distribution of the remaining assets to legally qualified beneficiaries] are different in each state, and are governed by the Probate laws or statutes of the state in which the deceased had legal residence at the time of death. Generally, when a person dies Intestate [without a legal will], most state laws divide the deceased's assets[after paying all just debts of the deceased] between the legal spouse and the legal children of the deceased. In community property states the spouse already has half of all the assets of the marriage, and is entitled to half of the deceased spouse's half. The remaining half of the deceased's interests, are divided as equally as possible among the qualified children. Again, I remind readers of this answer that I am not an attorney, nor in the legal profession, so it is imperative that you consult an attorney, preferably well experienced and qualified in Probate Law, before making any decisions. ==Additional Information== Click on the link provided below and choose your state. Then click on "Read the Law".

No. If the estate has been probated and the file is closed then the owners by inheritance can convey the property by a deed that cites the probate as their source of title. An attorney who specializes in conveyancing should draft the deed.

The executor must distribute the estate according to the provisions in the will and the state probate laws. Any time an executor encounters a difficult situation that involves not being able to follow the provisions in the will (such as not enough assets to pay debts and legacies) the executor can explain the situation in a motion to the court and ask for a ruling. The court will review the problem, apply state law and render a decision that instructs the executor how to handle the situation. The decision protects the executor from any future claims of malpractice as the executor.

It means, if you are going to raise an objection you better act swiftly. i.e Have you been cut out of the will?

A trust doesn't have an executor. A trustee manages a trust according to the provisions set forth in the instrument that created the trust- the Declaration of Trust. You need to review that declaration to determine what the trustee can do and how.

There are no age limits for inheritance. When a minor inherits property the court will appoint a guardian ad litem to protect and supervise the minor's inheritance.

no

I would like to know where I stand as my husband has died and left our house to me, but his first wifes name is still on the titles to the house. Where do i stand with this. After his divorce he was under the impression he had bough his wife out of her right to the house.

As long as the will isn't contested, you shouldn't need to hire a trust attorney. Just make sure you follow the instructions of the will.

Absolutely not. An "executor" has no power or authority until they have been appointed as the executor by the court. The most anyone should do until then is to secure the property and collect important records that will need to be turned over to the court appointed executor.

His estate will pass according to his will or according to the state laws of intestacy if there is no will. You can check the laws in your state at the related question link provided below. If you were legally adopted then you are a legal heir-at-law.

All creditors must be notified.

That issue is governed by your state laws. You should consult with the attorney who is handling the estate. If the creditors aren't paid according to the statutory provisions in your state you could be held personally liable.

Let's examine your question and look for the answer in the legal terms you used to ask it.

An 'heir' is a person who is entitled under the laws of intestacy to receive an intestate decedent's property. A decedent is a person who has died. Therefore a person to whom you would be considered a legal heir would need to die in order for you to be classified as their heir. 'Heir' is sometimes used informally to describe a beneficiary under a will. Despite the fact that a person is named a beneficiary under a will they do not become a beneficiary until the testator has died and the will has been probated.

'Estate' has two common meanings: all the property a living person owns both real and personal, and, all the property that a person leaves after death.

You have no right to the property of a living person and you don't become an heir until they have died.

Proof of death and proof of entitlement. ===Clarification=== Unless you are the joint owner of the account or listed as the beneficiary with the bank you need to be appointed the Administrator of the estate. As Administrator, the court will issue Letters of Administration to you that will empower you to administer the estate including the power to close the decedent's bank accounts.

Consider first the ownership of this house. A mortgage means you signed an agreement to pay for the property. It does not mean you own the home. It just means you have to pay for it. A deed indicates ownership and if your name is on the deed, you are an owner. Otherwise the deeded owner is free to do what he wants to with his property. The only wrench in the works for your son is that he can not get clear title to his property until the mortgage is satisfied. You are not going to want to continue making payments on a place you do not own. This is a sort of "Catch 22" and might help you and your son come to some reasonable decisions regarding this property that are fair to you. If your name is on the deed, your son does not get to decide what you do with your property, even if it was willed to him by your spouse, as long as you are alive.

Don't take it to heart if she's not nice, children can be like that! She'll grow out of it when she's older! In the meantime, you just be nice to her no matter how mean she is to you because remember she is only five! And who knows maybe then she'll start to realise that you are a good kind person and her attitude will change! but the one thing you musn't do is take to heart. Its not personal AT ALL!!

--Answer--

We cannot "make" anyone be anything - that's the great thing about humans, we're all individual and are generally in total control of our own moods and opinions... we don't take kindly (as history has repeatedly shown) to people trying to force us to be, or do, something we don't wish to.

Don't have expectations of a five-year-old and you'll find that she's quite nice. If you expect, you'll only be disappointed.,

If he had a lawyer there may be a will and you should be able to find out from the lawyer if you are included. The Executor of his estate may also have the will and you should be able to see a copy or at least find out. Otherwise his estate will go to probate court and the judge will determine how the estate is divided.

if the house is sold can that money be divided before the total estate is closed

You haven't provided enough detail. If it is in the address on a piece of mail it has been sent to the addressee at another person's address, perhaps because the addressee has no home or is visiting away from home. For example, a letter might be sent to Michael Smith (a visiting brother), in care of (c/o) Sandra Smith at Sandra's address.

When a person dies and has no heirs or next of kin their property "escheats" to the state.

No.

Another interested party can petition the court to have the executor removed (state the reason and provide any evidence) and the court will appoint a successor.