Probate

The court will appoint an executor either an attorney or a bank. The cost will come out of the estate.

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Hopefully there is a Power of Attorney document as part of your Father's will. There should be some provisions, one would think, that being the executor of a person's estate would automatically grant them privileges such as this. You will need the advice of a licensed attorney no doubt.

Yes, it technically can. However, some mortgages have "due on transfer or sale" clauses that would allow the bank to immediately claim all money loaned due upon the transfer to the trust. Your best bet would be to simply go to the bank that holds the mortgage and tell them what you want to do, and see if they are ok with it.

If the will names an alternate executor in the event the first named executor dies or refuses to serve, then that person should become the new executor. If the will does not name an alternate executor, or if the alternat has died or refuses to serve, then generally one of the residuary legatees named in the will should be appointed. In some states this person is not known as an executor but rather an administrator c.t.a. This is an abbreviation for the Latin "cum testamento annexo", meaning, "with the will amended."

Keep in mind that probate laws differ from state to state. This is a general answer and might not apply in every state.

The executor's duties end when the final account is allowed and the estate is thereby closed. The heirs could request the personal papers of the decedent at that time.

You would not be an executor. You would be an administrator. You file an application with the probate court in your jurisdiction to be appointed the administrator of the estate.

Sorry. W-A-Y too broad a subject to be answered here. Entire textbooks are written on this subject.

Only if there is a joint custody order prohibiting the action. If no custody order is in effect, either parent retains the right to take the child or children wherever they choose. This obviously does not include a situation which might place the child in any danger or possibility of such.

Let's qualify the answer:

All property not otherwise disposed of either during a person's life or by operation of law upon death.

For example: A checking account that has a designated POD (payable on death) beneficiary named in the bank's records, would generally not be subject to probate. If Joe opens a checking account and makes Jane the POD beneficiary, then upon Joe's death, the checking account proceeds automatically go to Jane. They are NOT subject to probate.

Maybe, but not normally. Unless the step-child was adopted they are not a descendant of the deceased. However, if their parent received the estate through their spouse, they may have a claim. You need to consult a probate attorney in your jurisdiction with all of the specifics.

Certainly not, it would be theft.

First, the estate must be probated. The filing of the probate will trigger the publishing of a notice that the person has died providing the creditors with an opportunity to make claims against the estate for unpaid debts.

The estate is responsible for paying the debts of the decedent. The debts must be paid before any assets are distributed to the heirs. The probate code in each state provides a priority scheme by which estate debts must be paid. It is especially important if there is not enough money in the estate to pay all the debts. The executor or administrator can be held personally responsible if the debts are not paid correctly or are paid in the wrong order or/and any funds are distributed to the heirs when unpaid debts exist.

The beneficiaries do not have to sign off on the sale. The executor has to have the judge sign off on the sale. The other party could purchase the home from the estate if they wished and the judge allows it. Consult a probate attorney for the process.

Generally, all the property listed in the inventory must be accounted for in the final account.

You can inherit at any age.

If a minor inherits such assets as stock, cash or real property the parent(s) or guardian(s) will control the minor's property until they reach the age of majority which is eighteen in most states including Georgia. They have to preserve that property for the minor's benefit or later use. They are subject to the state laws that govern fiduciaries and they are subject to supervision by the court which may require an annual accounting to be filed.

It will depend on the wording of the will, if there is one. Without a will, the property go to spouse and then children.

Each estate must be separately administered. Fathers creditors will need to be paid from father's estate, necessary tax forms will be filed. Father's estate will need to be distributed according to the father's will, i.e., the residual to the surviving spouse. The estate of the spouse is then probated by the administrator of the wife's estate, as required by the wife's creditors and heirs.

You would file in the County Probate & Family Court.

Yes. You should be able to review the file and obtain any copies of documents you need. Once filed a probate is a public record.

Yes. You should be able to review the file and obtain any copies of documents you need. Once filed a probate is a public record.

Yes. You should be able to review the file and obtain any copies of documents you need. Once filed a probate is a public record.

Yes. You should be able to review the file and obtain any copies of documents you need. Once filed a probate is a public record.

It is common for one heir to buy out the others on property. As long as everyone is in concurrence with the transfer, no problem.

No, you have an undivided interest in the entire bank account and it is up to you and the other joint tenants of the account to agree how the account will be used. If you are the sole remaining joint owner, then the entire account becomes yours. If you die before one or more other joint tenants, you and your estate have no further claim to the account, even if it was entirely your money that was deposited.

Issues such as these always depend on the state involved; however, it is safe to say that a step-parent's biological children will get all of the estate to the exclusion of step-children, even if the biological children are estranged from the decedent and the step-child is for all intents and purposes, like a child to the decedent. A stepchild is not considered an heir to a decedent because there is no blood or adoptive relation. In other words, no true legal relation. Some states have made some provisions for stepchildren to inherit part of an intestate estate. In New Jersey, a step-child may inherit part of a step-parent's intestate estate only if the decedent has no descendants and if there are no descendants of any grandparent. Thus, In NJ, no step-child may inherit any part of a step-parent's estate if there are biological children.

Sue her and the life insurance company that paid her.