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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
If an estate is closed and two years later the deceased comes into money what happens to that money?
The estate would need to be reopened and the funds would pass according to the terms of the will or by the laws of intestacy if there was no will. A fiduciary would need to be appointed to represent the estate and distribute the funds.
Can a mortgage be omitted from probate if the property was deeded to someone else before death?
No, the mortgage is a debt of the estate. That mortgage must be resolved before the property can be transferred.
If 2 siblings agree to sell a home and the third does not can we force the sell of the house?
I think you should care about the 3rd sibling and try to talk him/her into it with the reasons that are good. And maybe the 3rd feels attached to the house.
Can you refuse an inheritance after filing?
You may decline an inheritance. It allows you to adjust who gets what according to the will.
Is a joint owned house in an estate?
No. Real property owned by two (or more) people as joint tenants passes automatically to the surviving joint tenant upon the death of the other.
Does a life tenancy form part of the estate of the person who granted it?
No. A life tenancy is granted by the owner of property to another person. For the duration of the life tenant's natural life they have the right to the use and possession of the property covered by the life estate.
No. A life tenancy is granted by the owner of property to another person. For the duration of the life tenant's natural life they have the right to the use and possession of the property covered by the life estate.
No. A life tenancy is granted by the owner of property to another person. For the duration of the life tenant's natural life they have the right to the use and possession of the property covered by the life estate.
No. A life tenancy is granted by the owner of property to another person. For the duration of the life tenant's natural life they have the right to the use and possession of the property covered by the life estate.
Who has rights to my dead stepmother's estate?
Your stepmother's next of kin would inherit any property she owned at the time of her death if she died intestate, or, without a will. You can check your state intestacy laws at the link below.
How long after a family death can a beneficiary sue an executor of the estate?
The will must be admitted to probate. The executor must be appointed by the court. Then, the executor must do something that violates their legal responsibilities. That could take months or that may never happen. You seem to already have something in mind.
As soon as a person dies title to real property passes to their heirs. However, the estate must be probated for the heirs to acquire 'legal' title. Probate establishes a public record of the death of the owner and the identities of the heirs. A will should be filed within 30 days of the death in most jurisdictions. You should consult with an attorney who can review your situation and determine what your options are. Perhaps you should file a claim against the estate. The attorney will be able to advise you.
Is it possible to withdraw from being executor of an estate in Ohio?
It is certainly possible to withdraw from the duties. The court will appoint someone else to serve.
Check with the DMV office to see what documents you need to do this. My guess is a death certificate for him and a will or some other item naming you as the beneficiary. They should have a copy of the title at the DMV. Check with the DMV office to see what documents you need to do this. My guess is a death certificate for him and a will or some other item naming you as the beneficiary. They should have a copy of the title at the DMV.
That depends on whether your parent was married at the time of death and if yes, whether the surviving spouse is also your parent. If the surviving spouse is not also your parent then the estate will be shared 50/50 with the surviving spouse getting half and the surviving children by a first wife sharing the other half. If the surviving spouse is also your parent then the surviving spouse gets 100%. If there is no surviving spouse the children get 100%.
It is likely the estate will need to be probated. You should seek advice from an attorney who specializes in probate matters and who can provide up to date information.
https://www.thebalance.com/dying-without-a-will-in-florida-3504952
What are probate procedures for Arkansas?
Probate is a legal term for the court procedure of finalizing the affairs of a person who has died and left a will. Usually the executor named in the will begins the probate process by filing the original will with the court.
Is there anything you can do since your father-in-law recently passed away with no burial insurance?
was the father-in-law a member of the armed forces?[navy-army-marine-etc.]
IF NO-
Gather family members up and arrange for the least expensed burial which is cremation
which is about $500 dollars depending on your living environment.
If Yes
contact the armed forces- arrangements will be made.
A Power of Attorney is automatically extinguished upon the death of the principal. The will should be submitted for probate now. No one had the right to distribute the property of the decedent until they were appointed the estate representative by the court. If the person who is in possession of the will refuses to submit it to the court then another family member can petition the court to be appointed the Administrator of the estate as if there was no will. The court will appoint an administrator and that person will have the legal authority to collect the property and distribute it to the heirs at law according to the state laws of intestacy.
You should consult with an attorney who specializes in probate law.
How do you transfer an annuity after spouse dies?
Check with the holder to see if a beneficiary was listed for the account. If no beneficiary was listed then the annuity was owned by the decedent and their estate must be probated. The duly appointed estate representative will have the authority to distribute the funds (by Will or the laws of intestacy) once any debts of the estate have been paid.
How do you protest a decision an executor makes on selling property left to heirs in a will?
You can file an objection with the Probate Court and explain your objection to the judge. Once the judge has reviewed the objection he will render a decision. You may be able to purchase the property.
Yes. The surviving joint tenant would be the sole owner of the property and can sell it. A copy of the death certificate of the decedent should be recorded in the land records to provide proof of death.
I'm not seeing a problem here. It might help if you stated what you think would happen. It's not terribly likely that this would happen ... one would assume that normally anyone close enough to the decedent to be named in his or her will would be aware of the sad event rather sooner than the will could be probated.
You'll have to prove the dementia. In a court of law. By a preponderence of the evidence. Yes, it can happen.
Can you go from probate court straight to the bank to withdraw funds that were frozen until probate?
Yes, as long as you have your Letters of Administration or Letters Testamentary.
Yes, as long as you have your Letters of Administration or Letters Testamentary.
Yes, as long as you have your Letters of Administration or Letters Testamentary.
Yes, as long as you have your Letters of Administration or Letters Testamentary.
You need to review the terms of the trust to determine how a new trustee must/can be appointed. A beneficiary/trustee invalidates a trust in many jurisdictions and may make the trust property vulnerable to creditors. You should contact the attorney who drafted the trust.
You did not know you were executor and do not want to do it?
You can decline the responsibility. The court will appoint another executor.
Probate is going to be the only way to transfer title. Otherwise the title will not be considered valid.
