Probate

If the estate was probated and the property was sold to pay the debts of the decedent you cannot get it back. The debts of the decedent must be paid before any property can be distributed to the heirs. If there were debts and not enough cash assets to pay them then the executor may need to sell the real property. An executor can sell real property if that power was granted in the will or if the court issues a license to sell the real estate. If you have questions about what was done you should call the attorney who handled the estate and ask to have the issues explained to you.

Probably about 6 months. It takes a minimum of 90 days to advertise for debtors and claims against the estate.

To properly conduct probate, all natural heirs are notified. Beneficiaries named in the will are also notified.

No one, unless some malpractice is discovered on the part of the executor after the estate is closed and sues the executor. Once the estate is distributed and a final account is filed and approved the executor is discharged and the estate is closed. After that, the executor has no authority.

The legal ethics opinion number 1473 states The committee has previously opinioned that an attorney engaged to

represent an estate enjoys an attorney/client relationship with

the personal representative since that individual "assumes the

legal status as the agent of the decedent and is the only

available conduit of information between the entity and the

attorney". LEO #l452. In the facts you present, wherein three

individuals serve as co-Executors of an estate and an attorney

has represented the estate, the committee is of the opinion that

the attorney/client relationship on behalf of the estate exists

simultaneously with each of the co-Executors. The committee is

of the further opinion that the fact that each Executor has

separate independent counsel does not alter the conclusion that

the client(s) is not the estate, but the three Executors.

when you click the website link which is provided for you below this answer you will be directed to the full document from where this portion derived

The executor or administrator must be appointed by the probate court. He/she will be issued Letters Testamentary or Letters of Administration then applies to the IRS using Form SS-4 to get a tax identification number for the estate. (The decedent's social security number cannot be used.) Then he/she goes to the bank and gives it one of the probate court documents that show that he/she is the executor, the tax I.D. number and a death certificate and the bank will create an estate account.

It will be distributed according to the will. If there is no will the intestacy law of Florida will be applied.

You would need to check the laws of intestacy in your state at the related question link below.

If he died intestate, usually his parents, siblings or next close relative. If there is a Will, who ever he degsignates in the Will,

The court will appoint an executor.

Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.

Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.

Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.

Yes. The final account must be filed and allowed by the court in order to close the estate. An executor who refuses to file a final account should be reported to the court. The judge can compel the executor to file the final account so the court, and the heirs, can review the disposition of the estate by comparing it to the inventory and the distribution to heirs.

If the trustee was instructed to sell the property by the trustor- yes.

If the trustee was instructed to sell the property by the trustor- yes.

If the trustee was instructed to sell the property by the trustor- yes.

If the trustee was instructed to sell the property by the trustor- yes.

A mother and son can lawfully hold real property in a Joint Tenancy with Right of Survivorship. The surviving tenant gets the fee simple by operation of law, outside of probate.

As a private investigator who specializes in locating missing heirs from cases across the country and around the world, the answer is...it depends. The rules on this issue vary from state to state. Since probate is a state-by-state area of law, there is no uniformity.

For example, in Michigan, three years after the personal representative or trustee has deposited money for a missing heir with the county treasurer, the court can grant another heir's request to redistribute the money. If nobody has claimed the money though, the missing heir can still claim it for however long with no statute of limitations.

In Ohio, the missing heir has five years after the administrator or trustee deposits the money with the county. After five years, the money belongs to the county. Some counties strictly enforce this five year rule while others have paid our missing heir clients twenty or thirty years after the fact.


Ohio and Michigan are just two examples. If you would like more information, feel free to e-mail me at mzwick@assets-international.com, call me at 248-557-4960 or visit our website at www.assets-international.com.


Michael J. Zwick

Probably not if that's the only reason and if no executor is willing to removed voluntarilly. A decedent's choice of executors, no matter how many, is his and his alone just as is the manner in which his estate is divided. It will be upheld by a court unless the two cannot get along causing problems in the estate. Most states have statutes that outline the circumstances which call for the removal of an executor. These mostly have to do with the executor not doing the job properly to the detriment of the estate. The extra expense, while it may unnecessarilly reduce the estate, is not such a circumstance at least in New Jersey, but probably in most states as well. This answer is given for informational purposes only and not as legal advice.

Cuyahoga county will be a better place!

Technically, probated means that the validity of a will has been established by a court proceeding. That term is also used to indicate that an estate of a decedent who died without a will has been administered via a court proceeding.

Generally yes unless the grandmother provided that should one of her daughters predecease her then that daughter's share would go to her other daughter. You should check with the attorney who is handling the estate.

Absolutely. In fact, not only must a coin be counted as an asset of the estate at its face value, but if it is a rare coin and has some value over and above its face value, the higher value must be declared.

By UGMA, I take it you mean a Uniform Gift to Minors Act account which is being held for the minor by the parent, guardian or other person. I also take it you mean whether the account is included in the estate of the deceased holder. In that situation the UGMA account is not included in the decedent's estate as an asset of the estate available for payment of expenses, debts and distribution. Under the UGMA, as soon as funds were put into the account, they became the property of the minor. As far as taxes go, they might be taxable under certain situations. If the funds were put into the account by the decedent within a certain short period of time before death and if they were put into the account on contemplation of imminent death, they may be taxed as if they were part of the estate. In addition, if that transfer was made in contemplation of death and if the estate is insolvent, creditors can seek to have the funds put back into the estate by going to court and proving that the account was created to shield the funds from taxation within that short period of time. The IRS and every state has its own laws on this subject as well as the short time period, so it is important to review the laws in the state which has jurisdiction over the estate.

If the decedent owned any property at the time of death that property makes up her/his estate. If they had no will the property will be distributed as intestate property according to the laws of intestacy in the decedent's state. Some qualified person must petition the probate court to be appointed the administrator of the estate. Once they have been appointed they will have the power and authority to settle the decedent's estate under the supervision of the court. The decedent's debts must be paid before any property can be distributed to the heirs.

No. A step child has no legal right to make medical decisions for your father unless they were granted that power by your father under a power of attorney or health proxy document or by a court order.

Generally, the heirs cover the expenses and get reimbursed when the property is sold.

Whoever is the trustee(s) of the trust for the estate is responsible for the account, including putting money in it.