Probate

If there is a will, then the beneficiary gets the money. If there is no will all the children of the decedent get an equal share of the money.

An estate must be probated in order for title to the real estate to pass to the heirs whether there is a will or not. If several siblings inherited a house then each one has the right to the use and possession of the whole property so you can't have him evicted. However, the parties should come to some mutual agreement about rent and expenses. You need to consult with an attorney who can review your situation and then explain your options.

A will needs to be filed with the probate court. That provides assurances that the estate will be properly administered and taxes paid.

Generally, no. An executor has no authority until the will has been submitted to probate court, proved and allowed, and the court has officially appointed the executor. Once a will has been filed for probate it becomes a public record and anyone can go to the court, request the file and review the will and any other filings. An executor should not be secretive about a will or their actions in settling the estate.

No. Unless you agreed in writing to be responsible for your mother's debts, her estate will be responsible. If there is no estate the creditors are out of luck.

You must hire an attorney to be sure about laws in your area. I am not an attorney. I do know that in most places wills are under the authority of probate court. If I had what I believe to be an authentic copy of the will, I would do one of two things. I would go to an attorney, or I might try contacting someone at Probate Court and report what I believe to be an irregularity in the handling of this particular will. They would probably tell me to hire an attorney. The process would probably be a little different if the items in dispute were left to you in the provisions of a Trust. Probate court would probably not come into the picture. Best bet: contact an attorney.

Unless there are instructions in the will they should be turned over to the heirs-at-law and next-of-kin. (Who would take them under the "estate" anyway.)

Generally, a will made while married is made invalid by a divorce for any provisions made for your spouse.

Generally, a will made while married is made invalid by a divorce for any provisions made for your spouse.

Generally, a will made while married is made invalid by a divorce for any provisions made for your spouse.

Generally, a will made while married is made invalid by a divorce for any provisions made for your spouse.

An Executor signing a legal document for an Estate must include "Executor, Estate of...." Also, as Executor, you may have to request various information (non legal)in writing, and must include Executor, Estate of with your signature. Some info may require proof of your appointment as executor in the form of Letters of Testamentary. Some may also require including a copy of the Death Certificate.

Certainly! One of the primary responsibilities of the executor is to maintain the value of the property. They also must inventory and properly sell or bequeath the items in it. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. Consult a probate attorney in your jurisdiction for help.

A personal reperesentitive only represents you where as the public one represents the whole community

Title to real property.

The executor should be involved. As the estate they have to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.

You fill out the appropriate forms and submit them to the court. In most cases the court has a packet or web site that can provide all the forms and instructions.

Ten counties in Texas have established Statutory Probate Courts - Bexar, Collin, Dallas, Denton, El Paso, Galveston, Harris, Hidalgo, Tarrant, and Travis. Some of these counties have more than one Probate Court; there are 18 Statutory Probate Courts total in Texas.

That does not mean that only 18 courts in the state hear probate cases! In counties without Probate Courts, probate matters (such as wills, estates, and guardianships) may be heard in District Courts, County Constitutional Courts and/or County Courts at Law. In some counties, a County Court at Law may be referred to as a "County and Probate Court," but unless it is in one of the counties listed above, it is not officially a Probate Court.

To find out more information about the Statutory Probate Courts in the counties named above, and for online court resources, visit the Texas Courts Guide related link.

If they are the sole possessor, yes, they have the absolute right to choose who gets it next by explicitly stating so. However, if they do not define the heir to the estate (via a will or otherwise) then the estate is divided amongst all immediate family according to law.

There is no executor until one is appointed by the probate court. You need to petition the court that appointed your oldest brother as executor and request he be removed and a successor appointed. Then, the estate should be settled and the property distributed as provided in the will.

A letter of administration allows the executor to represent the estate. It gives them permission to sell property, open safety deposit boxes and mail on behalf of the estate. Without them, there are lots of legal problems.

Yes, a will has to go through probate. That insures that the will is properly executed. It also makes sure that taxes are properly paid.

The executor must file both an inventory of the estate assets at the beginning of the probate procedure and a final account at the end. You can visit the court and review the file at any time.

That is the purpose of going into probate. It allows assets to be legally transferred.

You will receive 1/10 of the proceeds of the sale. Or you can buy the others out for 9/10 of the value of the property.

You should be Power of Attorney for this elderly person. This gives you the right to pay bills at the nursing home, any care for the elderly person, etc. If you have the power to do so, then take into consideration the request of the elderly person in their Will what type of funeral they wish. Funerals can cost up to $18 - $20,000 easily if one allows a Funeral Director to talk them into a very expensive casket with all the extras. A moderate funeral would be suitable. Some people prefer cremation and a Memorial Service is set up. It would be wise to seek advice from the banking institution where the accounts are and ask their opinion. You could put say $12,000 into an interest bearing account.

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If you have a letter of authority as executor. Otherwise it would not be an appropriate transfer. However, you can quit claim any personal claim you have to someone else.