How many years of TOTAL study does it take to become a lawyer?
In most of the United States, it takes a bachelor's degree and a law degree to take the bar exam. The standard time for that is seven years.
You need to get a copy of your Mother's will to prove that you are an executor of her estate. If there is no will you need to apply for an appointment as an executor so that you can handle her estate matters.
How do you find out if a deceased person has a will?
I am not an attorney. Wills must go through probate court, so I think that you could check to see if your father's will has been delivered there. If you knew any of the attorneys that he might have worked with, you might check with them. Siblings, spouse at time of death, or clergy may have information.
If property is left to a beneficiary in fee simple can the executor sell it?
If property is left to a beneficiary in fee simple, the executor generally cannot sell it without the beneficiary's consent. A fee simple interest means the beneficiary has full ownership rights, including the right to occupy or sell the property. The executor's role is to manage the estate and distribute assets according to the will, but they do not have the authority to sell property that has already been transferred in fee simple to a beneficiary. However, if the will allows for it or if the estate needs to settle debts, the executor may seek court approval to sell the property.
Do beneficiaries of original will be notified probate?
Yes, beneficiaries of the original will are typically notified when probate proceedings begin. The executor or personal representative is responsible for informing all beneficiaries named in the will, as well as other interested parties. This notification ensures that beneficiaries are aware of the probate process and their rights regarding the estate. However, the specific requirements for notification can vary by jurisdiction.
How can adult children gain access to a deceased parent's bank and investment accounts in New York?
Unless the person is the executor of the deceased's estate or is a joint account holder then he or she cannot gain access without an order from the state probate court.
Insurance is a contract. The check can be deposited by whomever it is made out to without any other requirements. If it is made out to the estate, an estate will have to be opened. If there are questions, you may wish to consult with an attorney that specializes in probate for your state.
If your late mother has left a will do you need probate to sell her property?
Yes, your mother's will must go through probate. That makes sure all of the legal requirements are met and taxes paid.
How do you request to replace an executor of a will in Texas?
Any interested person can petition to remove an executor. An interested person is usually any present or future beneficiary or creditor who has a stake in the estate. The petition for removal may be combined with a request for appointing a new, alternative personal representative. The objecting party must present all facts showing "cause" for the executor's removal. If the court determines that there are sufficient grounds then the executor must show why they should not be removed from the position. If the executor fails to attend or answer the court's request, they will automatically be removed as the representative.
How do you appeal a decision of the orphans court in Pennsylvania?
You go to the Superior Court of Pennsylvania website and fill out a notice of appeal and proof of service. You have 30 days from the date of the order that you wish to appeal. If there was a hearing, you must request that the court reporter prepare a transcript. This is all filed with the Orphans' Court in your county along with two checks, one for the county clerk and one for the Superior Court clerk. You will also need to provide a specified number of copies. The Superior Court website will explain everything better.
Do the heirs of an estate get a full accounting by the executer of the estate?
First the executor must be appointed by the probate court. Once appointed the executor is obligated to follow the rules set forth in the probate code which includes amongst other things publishing a notice the the estate is to be probated, filing an inventory of the assets both real and personal and the final task of filing a final account with the court accounting for all the property that was listed in the inventory and to whom it was distributed.
If the executor doesn't provide copies to the heirs they may obtain copies of any filing in person or by mail from the court. By obtaining copies as they are filed the heirs can monitor the activities of the executor and make certain he/she is performing their duties in a timely and effecient manner. If they aren't, the heirs can complain to the court and ask that the executor be compelled to act responsibly or replaced.
Is a deceased person's furniture taxable?
The value of the furniture forms part of the deceased person's estate. If that estate is liable to taxation in the country in which you live, then yes tax would have to be payed on it.
How do you get bank records of deceased parent without being the executor of the will?
Only if one of the heirs was specifically named as a joint owner of the account(s). Otherwise, only the "Executor" of the deceased's estate could obtain them. However, if the deceased died without a will ('Intestate') the heirs could eventually obtain the banks records via an order of the Probate Court.
What can you do if your daughter did not receive any inheritance from her grandmother's will?
Generally, a grandmother is under no legal obligation to leave property to a granddaughter. You would need to have specific grounds to contest the will as well as legal standing in your jurisdiction. Grounds include such factors as undue influence, improper execution, mental incapacity, fraud and mistake. You should consult with an attorney who specializes in probate.
Generally, a grandmother is under no legal obligation to leave property to a granddaughter. You would need to have specific grounds to contest the will as well as legal standing in your jurisdiction. Grounds include such factors as undue influence, improper execution, mental incapacity, fraud and mistake. You should consult with an attorney who specializes in probate.
Generally, a grandmother is under no legal obligation to leave property to a granddaughter. You would need to have specific grounds to contest the will as well as legal standing in your jurisdiction. Grounds include such factors as undue influence, improper execution, mental incapacity, fraud and mistake. You should consult with an attorney who specializes in probate.
Generally, a grandmother is under no legal obligation to leave property to a granddaughter. You would need to have specific grounds to contest the will as well as legal standing in your jurisdiction. Grounds include such factors as undue influence, improper execution, mental incapacity, fraud and mistake. You should consult with an attorney who specializes in probate.
Do yourself a favor and consult an attorney that specializes in probate law. The laws are different in every state, sometimes in every county.
Can people named in will be excluded if testor changes mind before death?
Yes. The best way to change the beneficiaries in a will is to execute a new will. To make minor changes a codicil can be attached to the will. However, major changes in beneficiaries should be made in a new will. The first clause of any will should always include a statement that all other wills and codicils are hereby revoked.
Too complex & too many variables to answer here.
If someones father died without leaving behind a will how does his child inherit anything?
Most countries have legislation regarding inheritance. You would need to speak to a lawyer about what the laws are in your country.
How do biological children obtain personal items when surviving spouse refuses to allow?
You need to consult with an attorney who can review your situation and explain your rights under your state laws. Perhaps a letter from an attorney would encourage the surviving spouse to recognize the children's request as being reasonable.
Read the intestacy law for Tennessee. In most cases the sibling is going to get the estate. In some case the nieces and nephews may get a part of it.