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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
Is it mandatory to file an inventory with probate court fl?
Yes an inventory is part of the required duties of the executor. A full accounting of all assets and debts is required.
Generally, a person who is mentally ill cannot execute a power of attorney. If that is the case, she can petition the probate court to be appointed his guardian. She should consult with an attorney or a legal advocate at the court of there is one available.
If there is no will how much power does executor have?
If there is no will then there is no executor. If there is no will then the court will appoint an Administrator for the estate and the Administrator will have the power to collect and inventory the property, pay debts and creditors, distribute the remaining estate and sell the real estate if they apply for a license from the court to do so. The law will direct who will get the remaining assets as the legal next-of-kin and how much each will get.
Can you get a body percings if im under age but an adult who is not your parent is with you?
The laws vary depending on the jurisdiction. In most cases no.
When you owe somebody and they die do you owe the amount in full to the estate or what you signed?
Whatever you owed to the living person, you also owe to the estate should that person die. To do otherwise is fraud, and a severe disrespect for the person that died, assuming they were a personal friend who loaned you the money in the first place.
it is lucas auriemo who is also the coolest person on earth the co-heir is alex birman esteemed collegue and friend
Why would the probate court need to bond some one who is over a will?
There are many reasons why an executor must be bonded, all relating to improper or unlawful performance by the executor. That could be by stealing, distributing property to the wrong beneficiary, failing to pay a creditor, paying creditors in the wrong order, failing to pay estate taxes, causing the waste of estate assets, failure to follow the provisions in the will, failure to perform their duties according to the law, etc.
Is there inheritance tax on Payable on Death Annuities in Kentucky?
Well, definitely...maybe. Under KRS 140.050, one-half of the decedent's share of the account is considered as being transferred to the survivor, and would be otherwise subject to Kentucky inheritance tax. However, Kentucky's inheritance tax is levied only on certain classes of recipients. Essentially, if the recipient is a spouse or blood relative, all of the interest received by such person is exempted from the tax. KRS 140.080 Ultimately, the intheritance taxation on the transfer of the assets of such accounts boils to the nature of the relationship between the decedent and the survivor.
What are Chattels under the Administration of Estates Act 1925?
Chattels, movable property or personal property.
One of the duties of the executor is to pay the debts of the decedent. If those charges have been billed to the decedent the executor should pay them. If there is not enough cash in the estate to pay the heirs should divide the cost and pay if they wish to keep the property.
One of the duties of the executor is to pay the debts of the decedent. If those charges have been billed to the decedent the executor should pay them. If there is not enough cash in the estate to pay the heirs should divide the cost and pay if they wish to keep the property.
One of the duties of the executor is to pay the debts of the decedent. If those charges have been billed to the decedent the executor should pay them. If there is not enough cash in the estate to pay the heirs should divide the cost and pay if they wish to keep the property.
One of the duties of the executor is to pay the debts of the decedent. If those charges have been billed to the decedent the executor should pay them. If there is not enough cash in the estate to pay the heirs should divide the cost and pay if they wish to keep the property.
In KY the deceased had no will can biological children prevent step mother from getting anything?
No, the spouse is entitled to their share. The laws of intestacy will probably give her all of the property.
If the power to sell real estate was granted in the will then the executor has the power to sell it. However, if ALL the beneficiaries agree that the property should be retained they should insist the property not be sold. Remember that the beneficiaries own the real estate. If the executor proceeds to try to sell the property the beneficiaries should petition the court to review the matter ASAP.
What are considered assets in a probate?
Everything in the possession or owned by the deceased. It can also include anything given away within two years.
Can a executor distribute the estate more fairly?
Absolutely not. That would be a violation of law. One of the most sacred and ancient rights under common law systems is a person's right to decide how her property will be distributed after her death. The executor cannot change the last will and testament. Their legal obligation is to submit the will to the probate court and then follow its instructions to the letter if they are appointed as executor by the court. Until all that has taken place, the person named as executor has no legal authority whatsoever.
In this case "fair" is to be judged solely from the perspective of the testator.
I take it you are talking about an interest in real estate. Neither one of you has the right to force the other to do a buy-out, regardless of the relative percentages of ownership. However, each owner has the right to take the matter into court in what is known as a partition action. The court will not "partition" the property physically but it can force you both to sell the property either through a private bidding process (bidding just between you two), or a public bid (bidding open to outsiders as well). The court will partition the proceeds of the sale in the appropriate percentages. It comes down to who wants the property more.
Arizona law-how many witnesses required for a codicil to be legal?
2 witnesses. I work at a law office. The lawyer said since a will only requires 2 witnesses, 2 should only be required. The statutes do not specify.
If your mom dies - and you are the executor what do you do next?
If your mother owned any property in her own name then her estate must be probated. You are not an executor until you have been officially appointed by the probate court. You should contact an attorney who specializes in probate. You should ask friends, family members, neighbors and co-workers if they had a good experience with any probate lawyers in your area. There are so many it is a good idea to see if someone you know can make a referral before you hire a stranger. If no one can make a referral you can speak to two or three to find one you feel comfortable with.
Yes, you can go to a lawyer and have him "contest the Will" for you. The reason for this is, if you don't trust your relative who is Executrix (women) Executor (man), just this action alone will make that relative "stand up and fly right" because they could get into trouble. What is due you, you should get! Also if their are other Heirs besides yourself you can contact them and if you out number the Executrix they have to go! An Executrix or Executor can actually refuse to take on this responsibility.
An Heir in any Will has a right to a copy of the Will (which may cost a few dollars to get) if the relative refuses to provide it. An Heir has every right to get a copy of the Will and I suggest you do that. An Executrix is not an easy job and are legally bound to provide an account of all monies in bank accounts, properties, contents, etc., to Probate (and it had better be right.) Probate is when all out-standing taxes and debts have been paid off. If there is a business they it's more complicated because if that business is making a profit it could well be that all profits are divided equally between all Heirs of the Estate. When all accounts have been checked into and that any properties, mortages have been paid off in full. If not, then it will come out of any monies left by the deceased. An Executrix has to account for every cent.
I Probated a Will for my mother-in-law and it wasn't that hard and I hired a CGA to help me. I provided tax receipts, etc., and kept books.
Another Perspective
Once an executor has been appointed it is too late to contest the Will. The question does not hint at any material defect in the Will. Removal of an executor is up to the discretion of the court. Any person who has an interest in the estate can petition for the removal of the executor for a just cause. The court will consider the petition for removal under the provisions of state law and will review the particular facts of the case.
Removal of the executor is not done lightly. There must be a reason serious enough to compel the court to act. The testator may have chosen the executor because of her special skills and integrity. The disowned sister may be the family troublemaker. That situation alone would not generate a conflict of interest.
Generally there needs to be some misconduct, breach of duty or conflict of interest by the executor. In the case of family strife, the court may consider whether it is no longer possible for the executor to her duties in an impartial and objective manner. The court may find that mistrust and hostility has developed to such a degree that the beneficiary can no longer accept the executor's actions and decisions. Or, it may conclude that the executor is performing her duties as expected under the law and in the spirit of the will.
In any case, the removal of the executor rests solely within the discretion of the court.
Is there a website you can go to to find out if your dad left you anything after he passed away?
Go to the Clerk Of The Courts office in the county where his will was probated and ask to see the probate file for his estate. The copy of his will and/or how his estate was divided should be in there.
How can someone find out what a deceased assets are in probate without contacting the executor?
They can obtain the accounting of the estate provided to the probate court. In the US under the Freedom of Information Act it would be a public record.
Who can represent the decedent if no estate is opened?
If there are any assets then the estate must be probated. You need to check the laws of your state to determine who can petition to be appointed the executor or administrator of an estate. Generally, it must be a family member, an otherwise interested party such as a non-related devisee (beneficiary in a will) or a creditor. If no person comes forward and there is property a public administrator can be appointed and the property would escheat to the state.
Yes. An estate that includes real property must be probated in order for title to pass to the heirs. You should contact an attorney in your mother's area to handle the probate for you. It will be up to the court whether it will accept your mother's letter as her will. You may need other examples of her handwriting. The attorney can advise you.
Are wrongful death proceeds part of a NY estate?
In most cases the proceeds belong to the estate. The case may also include other plaintiffs, so it will depend on who brought the case. It will be listed on the first page of the pleadings.
How soon after death does a will get dealt with?
i think its usually right after the funeral arrangements have been made and after the person is laid to rest. seems right since you would want to go and put that person to rest and mourn before dealing with issues that may arise from a will
