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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
Both parties of a court case must arrive at court. Other people who may be involved by association only have to show up if they are witnesses in the court case.
If a wife has a checking account with only her name on it and she dies does her husband get it?
If she states in her will that her husband shall receive that account he will. She may leave it to anyone she chooses. If she dies without a will it will pass as intestate property according to the laws of your state. See the link provided below for state-by-state intestacy laws.
Why would you receive money from your great aunts sons death?
because they wrote a check or wateva for you so you just get the money gosh be happy that you got the money you shouldn't have got any thing
Do named beneficiaries on wills overrride named beneficiaries on CD's and IRA's?
In general, the beneficiaries on the CDs and IRAs control over the will. This because the CD or IRA is an asset which by its own nature becomes the property of the named beneficiary. The asset is not the property of the decedent's and a decedent's will transfers only assets in the decedent's name. On the other hand, the rules might be a bit different when it comes to simple joint bank accounts as opposed to ones that have beneficiary designations. In some states, it is possible to challenge a surviving joint owner taking the account.
How do you obtain copies of the booklets that Mother Angelica wrote?
You can obtain copies from Eternal Word Television Network (ewtn.com) which was founded by Mother Mary Angelica of the Annunciation.
If you don't understand the legal reason for the distribution of your mother's estate you should ask the attorney who is handling the estate to expplain it to you. If you still don't understand or disagree then you should consult another attorney, explain the situation and ask for a second legal opinion. The second attorney can review the law that affects your situation and confirm that the distribution is being done according to the law in your state.
What happens after probate if a house is involved and a beneficiary wants to keep it?
The beneficiary can buy the property from the estate. That means the mortgage must be settled and the price must be market value.
What is the time limit to pay estate taxes after someone dying?
The estate has to file a tax return each year. The taxes are due before the estate can be closed.
Well it depends. Does the step father have a will leaving his estate to only them? Normally, she has a right to his all of his estate as his wife by right of survivorship but not the part he leaves to someone else. So they can not get her half away from her, its hers. And they can't get his half unless the stepfather left his half to them. Half of the estate would be hers as his spouse. Everything they owned together, she would keep her half. Anything she has by herself is still hers. Anything that he had by himself, he could leave to her or to them. In most cases it would go to her first as his survivor and then to her heirs. But, each state has laws about how things are divided up if there is no will.
It really depends upon the contents of a will and how the property is titled under the wording of the deed. Generally property held jointly passes directly to the other owners and is not subject to probate action. In a case such as noted, the deceased share of the property will likely be passed automatically to the surviving owners under the state's Joint Tenants With Right of Survivorship (JTWRS) laws.
Are we allowed to ask executor of an estate question?
No one can prevent you from asking! The executor may decline to answer the question. And there is seldom a way to force them to answer it if the court agrees with them.
Does a will require probate for closure?
Yes. The executor must be appointed by the court. Until officially appointed the executor has no power to distribute the decedent's assets. The title to real property cannot pass to the heirs legally until the estate has been probated.
Not every will has to be probated just for the sake of closure. For example, if a decedent has no assets at all then there is no legal reason to probate the will even though there is one in existence. This is because a will transfers title and ownership of the decedent's assets to other persons. If there are no assets to transfer, there is no need to probate a document that has as its purpose the transfer of assets. However, sometimes there are tasks that require the services of an executor (e. g. filing a decedent's last income tax return if necessary) even though there are no assets. In that case, the will must be probated in order to have a duly authorized executor.
Who get letters when a will goes into probate?
The executor will get a Letter of Authority from the court. The heirs should receive a letter indicating that they are listed in the will or are heirs under the laws of intestacy.
What are the Inheritance laws in California?
If there is a will, the will be followed. In the event that a will has not been made, assets are passed equally among children, parents, siblings, spouse, and grandparents, if no relatives are found, the assets go to the state.
What does it mean to open an estate?
The probate process of any will starts by presenting the will to the court and petitioning the court to open the estate. The judge approves the validity of the will. Many people contact and estate lawyer to help with the process.
Am I still related to stepchild from previous marriage if her mother died and I have remarried?
You no longer have a legal relationship to a step-child from a previous marriage.
Do you have a right to attend probate hearings you are an hier to your brothers estate?
Yes. You should receive a notice that includes the date and time of the hearing.
Do stepchildren have rights to the estate of their stepfather in California?
No. Not unless they were legally adopted by him and then depending on their ages and state laws.
What happens in Missouri when the executor of a will is incarcerated?
The court will not usually appoint someone to be an executor if they are incarcerated. The court can appoint anyone as the executor and will often appoint a bank or lawyer to take care of the estate.
Is your estate responsible for your credit card debt after your death?
Answer: Your estate is responsible for all of your debts when you die. The assets don't always cover the debts but any creditor can file a claim against the estate for money you owed them.
This is a question to be answered by looking to the law of the state of probate. Generally (at least in New Jersey) when an executor retains a lawyer to help in the administration of an estate, that lawyer is actually retained by the executor not the estate. The executor is personally liable for the bill; however, the law recognizes that legal help is needed so it allows the executor a reimbursement for a reasonable amount of legal fees. Some states have statutorily fixed amounts. When two executors retain their own lawyers they also are each personally liable for their own lawyers' bills unless the probate court allows the reimbursement. Usually when two executors hire separate lawyers it is because they simply want their own lawyers. A probate court is not going to allow legal fees for duplication of effort by the lawyers. Depending on the amount and type of work done by each lawyer, the probate court will probably allow some but not of the legal fees to be paid from the estate and decide who gets what. If the court does not allow full reimbursement out of the estate, the executors have to pay the rest of their own lawyer's bill themselves.
What is the first step in contesting a will?
The first step in contesting a will is to get a lawyer. The second step is to get a copy of the will and read completely through it.
First, has an estate been open with the Court of jurisdiction? If not, then you don;t need to do anything. If there was a probate proceeding opened you will need to check with the court. they will give you all the information you need to close your mother's estate properly.
Does a new living trust superseed an old living trust?
Not necessarily. Sometimes people have more than one living trust. It depends on what the new trust says and how your assets are titled. Consult an attorney.
Surety is a form of guarantee and "without surety" would imply that there is no guarantee in the case of some event occurs. An example would be where a county probate office accepts a bond of a notary public for filing and there is no "corporate" surety or no individaul to guarantee losses caused by acts of the notary that are contrary to law.
