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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
Does a spouse pay inheritance tax?
Yes if they inherit something of monetary value.
Everybody who inherits something of monetary value pays inheritance tax.
If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.
If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.
If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.
If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.
Generally, yes. You need to review the particular trust. The trustee has only the authority that is set forth in the document that created the trust. It is very common for the trustee to be instructed that distribution be limited to education and medical purposes. The trustor creates a trust so she/he can control the distributions. They don't want their money to be wasted.
Generally, yes. You need to review the particular trust. The trustee has only the authority that is set forth in the document that created the trust. It is very common for the trustee to be instructed that distribution be limited to education and medical purposes. The trustor creates a trust so she/he can control the distributions. They don't want their money to be wasted.
Generally, yes. You need to review the particular trust. The trustee has only the authority that is set forth in the document that created the trust. It is very common for the trustee to be instructed that distribution be limited to education and medical purposes. The trustor creates a trust so she/he can control the distributions. They don't want their money to be wasted.
Generally, yes. You need to review the particular trust. The trustee has only the authority that is set forth in the document that created the trust. It is very common for the trustee to be instructed that distribution be limited to education and medical purposes. The trustor creates a trust so she/he can control the distributions. They don't want their money to be wasted.
Can a property from probate estate be rented out indefinitely?
The estate must be probated in order for legal title to the property to pass to the heirs. The property cannot be insured until there is a legal owner. You have no right to enter into a rental agreement unless you are the legal owner. Any contract you sign would be void and further, it would be fraudulent. The tenant has the right to know who the legal owner of the property is. Property from a probate estate cannot be rented out indefinitely. Property that is in a probate estate is within the sole possession and control of the executor but only until administration of the estate is completed. The executor is obligated to administer the estate promptly then distribute the property to the rightful beneficiaries. Since only the executor may rent out property that is in the estate and since the executor's authority over the property is only temporary, it goes without saying that an executor may not rent estate property out for an indefinite period of time.
What is the hourly rate for an executor?
The amount an executor can charge varies from state to state. You need to check the laws in your state. You could try a search for 'executors fees in your state'.
Who is entitled to household items when a parent dies intestate?
When the parent dies intestate, the estate gets the goods and they are divided according to the laws of the state. If a parent still survives, they will inherit all of the property of the spouse if there are no children that are still minors. Without a surviving spouse, the household goods will typically be divided fairly between the descendants. If they can't divide them equally, the executor can either decide who gets what, though the value must be equal, or sells the item and divides the proceedes.
When an executor can no longer act what needs to happen for the next person in line to take over?
The executor must resign in writing or be removed by the court and the court must appoint a successor.
In English law who are the next of kin of a divorced man his parents or his daughters and son?
The children of an unmarried decedent are his legal next of kin. You can check the laws of intestacy in the UK at the link provided below. On the first page look for the link at the bottom that will open a chart.
When an estate is filed for probate it receives a case number so that the file can stored and then retrieved when needed. In some courts it is referred to as the docket number. The modern case numbers always contain the year in which the case was filed, many older cases do not.
Can a will be filed in any court county or the county where the person lived?
If the testator owned property where she/he lived the will should be probated in that county. You should check with an attorney in your jurisdiction to determine the practice in your area.
How would the administrator of an estate get a clear title of the house?
I assume you mean how do they acquire title to the real estate in their own name.
In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.
I assume you mean how do they acquire title to the real estate in their own name.
In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.
I assume you mean how do they acquire title to the real estate in their own name.
In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.
I assume you mean how do they acquire title to the real estate in their own name.
In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.
Who will the real estate go to after probate?
That will depend on what the will says. If there is no will, it will be based on the jurisdiction's intestacy law.
Who is your closest blood relative?
Your child if you have children. If you have no children, then it's your parent. If there are no children or parents, then its your siblings.
if you are visting from USA you might have to pay $2000 and more!!!
No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.
No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.
No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.
No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.
If my father died but never claimed me as his son how do I get my inheritance?
Thank you cat kluss, By the way to my father died and was buried at the end of last year I'm not sure if he had a will but if not all the funds will have gone to his parents. His house has been sold and I can assume all his material and financial property are gone to whoever they were given to. I have one sister by him who was also never claimed. My grandparents may not be willing to help based on my racial background on my mothers side. And I feel that even with a court order this may be a lost cause considering my sister and I have both attempted to have a DNA test done, but my grandfather has ties with the medical board in my state and test seem to have been tampered with. What should I do.
Does the funeral bill get paid before anything else during probate in Illinois?
It is a valid debt of the estate and must be paid. In many cases a will names that as an immediate debt to be resolved.
The construction of your question reveals much confusion regarding the probate process. The withdrawal of a Will contest does not make the executor the owner, it allows the court to appoint the executor. A person is not the legal executor until they have been duly appointed by the probate court.
Once appointed the executor has the authority and responsibility of settling the estate without any interference by the beneficiaries.
What happens when a mother of 3 wills the house to just one child?
Nothing, it is up to the mother whom she wishes to will her house to. ==Clarification== In some jurisdictions the disinherited children can waive the will and request an intestate share of the property. In Massachusetts, the mother would need to specifically state that she is intentionally not providing for her other children or they could request an intestate share. If the will meets the technical requirements of the mother's jurisdiction then the one child gets the property.
Is there late fees on traffic tickets in Arizona?
If a person obtains a traffic ticket it is important to pay the ticket on time. In Arizona, if a person pays the ticket past its due date, there are late fees.
What is the duty of the oldest child when the parents die without an executor of the estates?
United States
There are no legal duties or authority assigned to the oldest child. The family should consult with an attorney who specializes in probate who can review their situation and explain their options. If there are no wills, the property will pass according to the state laws of intestacy after the payment of the debts of the estates. You can check the laws in your state at the related question link below.
United States
There are no legal duties or authority assigned to the oldest child. The family should consult with an attorney who specializes in probate who can review their situation and explain their options. If there are no wills, the property will pass according to the state laws of intestacy after the payment of the debts of the estates. You can check the laws in your state at the related question link below.
United States
There are no legal duties or authority assigned to the oldest child. The family should consult with an attorney who specializes in probate who can review their situation and explain their options. If there are no wills, the property will pass according to the state laws of intestacy after the payment of the debts of the estates. You can check the laws in your state at the related question link below.
United States
There are no legal duties or authority assigned to the oldest child. The family should consult with an attorney who specializes in probate who can review their situation and explain their options. If there are no wills, the property will pass according to the state laws of intestacy after the payment of the debts of the estates. You can check the laws in your state at the related question link below.
Can you fire an executor of an estate in Alabama?
You can ask the executor to step down. You can also ask the court to appoint someone else. This would be a good time to consult a probate attorney in Alabama.
If all heirs and the executor agree can assets be distributed differently than what the will states?
Generally, no. The distribution in the final account should coincide with the distribution set forth in the will. However, if all parties agree they can join in a petition to the court explaining the situation and stating the changes they want to make. The court can review the situation and render a decision that may result in a court order allowing the changes. State laws vary and you should consult with an attorney who can review your situation and explain your options under the laws in your jurisdiction.
For example, in one particular case, one child's name was omitted from the will. All the other children joined in a petition to the court explaining that the child had a good relationship with his father and they honestly believed his name was omitted by mistake and had no objection to his being considered an equal heir. The court agreed and issued a court order to that effect.
Generally, no. The distribution in the final account should coincide with the distribution set forth in the will. However, if all parties agree they can join in a petition to the court explaining the situation and stating the changes they want to make. The court can review the situation and render a decision that may result in a court order allowing the changes. State laws vary and you should consult with an attorney who can review your situation and explain your options under the laws in your jurisdiction.
For example, in one particular case, one child's name was omitted from the will. All the other children joined in a petition to the court explaining that the child had a good relationship with his father and they honestly believed his name was omitted by mistake and had no objection to his being considered an equal heir. The court agreed and issued a court order to that effect.
Generally, no. The distribution in the final account should coincide with the distribution set forth in the will. However, if all parties agree they can join in a petition to the court explaining the situation and stating the changes they want to make. The court can review the situation and render a decision that may result in a court order allowing the changes. State laws vary and you should consult with an attorney who can review your situation and explain your options under the laws in your jurisdiction.
For example, in one particular case, one child's name was omitted from the will. All the other children joined in a petition to the court explaining that the child had a good relationship with his father and they honestly believed his name was omitted by mistake and had no objection to his being considered an equal heir. The court agreed and issued a court order to that effect.
Generally, no. The distribution in the final account should coincide with the distribution set forth in the will. However, if all parties agree they can join in a petition to the court explaining the situation and stating the changes they want to make. The court can review the situation and render a decision that may result in a court order allowing the changes. State laws vary and you should consult with an attorney who can review your situation and explain your options under the laws in your jurisdiction.
For example, in one particular case, one child's name was omitted from the will. All the other children joined in a petition to the court explaining that the child had a good relationship with his father and they honestly believed his name was omitted by mistake and had no objection to his being considered an equal heir. The court agreed and issued a court order to that effect.
It is possible that the Probate judge will see that outstanding debts, especially past taxes, are paid until all funds have been depleted. You may end up with nothing, prepare yourself for bad news. First contact his creditors and try to negotiate with them on the balances, some may even agree to write off his remaining debt.
