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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
What form is used to amend letters of administration?
You must inquire at the court where the administration was filed. It depends on what you want to amend.
You must inquire at the court where the administration was filed. It depends on what you want to amend.
You must inquire at the court where the administration was filed. It depends on what you want to amend.
You must inquire at the court where the administration was filed. It depends on what you want to amend.
Can a beneficiary be deleted by the executors of a will?
No. The executors' duty is to follow the instructions set out in the will. They can't voluntarily remove a beneficiary, however it may be that debts incurred by the estate reduced the amount to be distributed. Some of the beneficiaries may not receive anything due to this.
The executor is entitled to be paid for their work. The court has to approve the distribution and the fee they charged, which is often set by law. If the estate has been closed, you can sue the executor if they breached their fiduciary duty.
If deceased lived in New Jersey but property is in new york where do you probate will?
In the state of the deceased's legal residence, New Jersey.
What are the consequences of refusing to serve as a co-executor?
The only consequences would be that you would not have any power or authority to distribute the assets as provided in the will, to make any decisions regarding the estate assets or to pay the debts of the estate. You would not be involved in the settling of the estate.
Generally the property passes to the surviving spouse according to the state laws of intestacy. You can check the laws for Arkansas at the related question link provided below.
They must pay a fair market price for the property. The demand note will have to be resolved before the court will close the estate.
If you want to remove a spouses name of the mortgage can you?
You need to make that a part of the separation agreement. You give him a deed and he is required to refinance the mortgage in his own name within a specific time period such as 90 days. The deed should be exchanged at the time of the refinance.
Your attorney needs to address this issue during the divorce. The bank is not bound by your divorce decree if all it says is that you should be held harmless from the debts. That mortgage must be paid off and refinanced in your husband's name alone in order to dissolve your responsibility for paying the mortgage.
A lender is not legally bound to agree or act on the stipulations pertaining to debts when it relates to a divorce decree.
Does a will go into probate before or after it is read?
Well, someone has to read it to know that it is actually a will. There is no formal 'reading of the will' like you see in the movies.
If I don't name all my children as heirs can they contest my will?
The rules are different in different jurisdictions. You should have your will drafted by an attorney who specializes in probate to make certain it effectively disinherits any children you wish to leave out. Generally, a will contest cannot prevail if the will is properly drafted for a legally competent testator. You may need to name all the children in the will, but you do not have to leave them anything.
How do you sign over property left by mother to one sibling?
If the property includes real estate the estate must be probated in order for title to pass to the devisee.
If the property includes real estate the estate must be probated in order for title to pass to the devisee.
If the property includes real estate the estate must be probated in order for title to pass to the devisee.
If the property includes real estate the estate must be probated in order for title to pass to the devisee.
That depends on the particular court. You need to inquire at that court.
That depends on the particular court. You need to inquire at that court.
That depends on the particular court. You need to inquire at that court.
That depends on the particular court. You need to inquire at that court.
What are the benefits of a irrivocable trust regarding law suits?
If you get sued for any reason, the plaintiff cannot get at your property that has been properly transferred to a PROPERLY DRAFTED irrevocable trust. A poorly drafted trust can leave your property exposed to creditors.
The letter may constitute a promise to make a will under the Statute of Frauds. If someone expresses in writing to you that they will make you a beneficiary under their will and that promise influences you to provide assistance to the person, or help them in any way with the expectation of a future reward in their will, you may have a legitimate claim against their estate. You should have a copy of the letter reviewed by an attorney who may find it strong enough evidence to file a claim against the estate.
How long can a spouse own a medical practice after Doctors death if she is not a licensed physician?
The surviving spouse would need to hire a physician to supervise the practice immediately. However, there are many issues that would need to be addressed, especially insurance matters. The spouse should consult with an attorney immediately.
When a person dies is their estate automatically placed in probate?
It does not happen automatically. Someone has to file for the probate to be opened.
The power of a guardian is extinguished upon the death of the ward. The person would need to petition the probate court to be appointed the Administrator of the estate.
Is it possible to file probate without a lawyer in the state of Florida?
No Florida does not require you to use a lawyer to probate an estate, but probate can be complicated
Why is inheritance put in probate?
This makes sure that the real property titles are properly transferred and that the taxes are paid. It also allows the debtors to get paid.
No. The estate will be divided according to the Alabama laws of intestate succession.
Under Alabama law when there is no surviving spouse the issue of the decedent, if they are all of the same degree of kinship (children) to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation (children of a predeceased child will take their parent's share and then share it equally amongst themselves).
See related link.
The executor must file an inventory of the estate with the probate court. The heirs can visit the court, request the file and review all the filings. The inventory should list all the property, both real and personal, that was owned by the decedent at the time of death.
The executor must file an inventory of the estate with the probate court. The heirs can visit the court, request the file and review all the filings. The inventory should list all the property, both real and personal, that was owned by the decedent at the time of death.
The executor must file an inventory of the estate with the probate court. The heirs can visit the court, request the file and review all the filings. The inventory should list all the property, both real and personal, that was owned by the decedent at the time of death.
The executor must file an inventory of the estate with the probate court. The heirs can visit the court, request the file and review all the filings. The inventory should list all the property, both real and personal, that was owned by the decedent at the time of death.
Wife owns all property except one in which husband co-owned with other people and husband died?
If your husband died and co-owned property with other people, what was specified in the will. If there's not a will, it will go through probate court.
What are the inheritance laws in New Hampshire?
If you die in New Hampshire without a will your assets will go to the closest relatives under Interstate Succession laws. Property that is co-owned will always go to the co-owner, that also includes life insurance policies.
The only entity that can appoint an executor is the probate court. Your mother's will must be presented to the court for allowance if the will transferred her property to her living trust. The executor will be appointed at the same time. If your mother had transferred all her property to a living trust BEFORE her death you must have the trust document reviewed by an attorney. Your brother is not allowed to operate in secret. He should submit an inventory of all the property in the trust and an accounting of any property or funds he has distributed or spent. You can sue him in a court of equity if he refuses to be completely open about his activities as the trustee. A trustee has only the power explicitly given in the trust document. He does not own the property. He is holding it for the benefit of others. A trustee who is being secretive and unwilling to have his actions reviewed should be removed immediately and replaced with a more trustworthy trustee. A court can do that for you. You need to have your situation reviewed by an attorney who specializes in probate.
