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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

Can probate court approve a administrator to sell home?

Yes. Laws vary so you need to check the laws in your jurisdiction. Generally, an administrator of an estate, once they have been appointed by the court, can request a license to sell the real estate. In fact, generally, the administrator must obtain a license to obtain the authority to sell.

Is a marriage in Cuba legal in NY?

If the marriage in Cuba was a legal marriage then yes it is legal in NY

How do you find current life insurance policy or past in your name?

If it is in your name, than you have had to pay for it. Look through your bills and see if you have a check made out to an insurance company. There are over 500 Life Insurance companies in the United States so it wil be a tast. You could call the top 20 and give them your Social Security number and they can check their records that way. To avoid this in the future, you could register on http://www.findyourpolicy.com Michael FindYourPolicy.com

What rights does a sibling have when another sister has poa but you can prove they intended and did fraud?

The person harmed (likely the principal) can sue for breach of fiduciary duty. I'm not sure the sibling has any standing, unless it's for tortious interference with inheritance rights.

Your husband passed away leaving you everythig in his will he died of asbestos and they are now the attonery pursueing a wrongful death case how this change what you are intitled to?

It should not affect your inheritance from his will at all - you inherit from your deceased husband everything he wanted to leave you. As far as the wrongful death suit is concerned, you will probably still be entitled to receive something, but because you are now a survivor of the victim, and NOT the principal victim, it may be reduced. You may want to contact the law firm bringing the action.

Can someone be the executor of a parent's will at age eighteen?

Yes, however it is strictly up to te individual state to determine the age for an executor so you must check that particular state's laws to be absolutely certain. Virtually every, if not all, states do allow this since the age of majority for virtually every function, except using alcoholic beverages, is eighteen.

If one of the executors of the will dies before the person who made the will and he is also a beneficiary does his share go to his wife?

It depends on how the will was written. There may be a survivorship clause. This would indicate that someone had to survive the deceased by a certain number of days in order to inherit. It was intended to avoid having estate monies going through probate twice in one years.

What are the laws in Texas when someone dies without a will?

== == Texas intestate succession laws are quite complicated, especially when they pertain to married couples -- Texas being a community property state. Professor G. Beyer teaches at TTU school of law and has a very informative site concerning such issues. http://www.professorbeyer.com It depends on the size and nature of the estate. If it's just real estate, an affidavit of heirship, signed by two disinterested persons and recorded in the county deed records, is sufficient. Sometimes a small estate affidavit will do, or perhaps an application for order of no administration. Larger estates would likely need an heirship proceeding and administration. If all distributees are adults and agree, the administration can be independent of court supervision, other than determining heirs, appointing the administrator, and approving an inventory.

Are executors of an estate who are also beneficiaries required to provide the other beneficiaries with an annual report?

Yes, you can request this through the lawyers. Executors (males) Executrix (female) are performing a duty and they have to account for every cent in that Estate. If the beneficiaries want to know what is going on they should not only have a copy of the Will given to them, but the Executor should be keeping some type of bookwork or journal as to what outstandings bills they are paying for the deceased. NOTE: Jewelry and personal effects of say the mother going to her daughters can be distributed before Probate. Marcy

What can heirs of an estate do if the executors refuse to have items appraised as stated in the will?

Return to the court that appointed the executor and petition to have the executor removed and a new one appointed.

If a single parent dies intestate do the children have to file probate?

If the parent is the sole owner of any property at the time of death their estate must be probated.

Does a will have to be filed in probate in the state of Georgia?

A will in Georgia is required to go through probate. That makes sure all of the legal requirements are met and taxes paid.

Can the primary care giver of a person take possession of their property when they die?

No. Possessions pass to whoever is named in the will under control of the executor of the will.

This will normally be a close family relative.

The care giver has no specific right. (But, of course the care giver may be named as the executor.)

Is there a time limit in Illinois for an executor to settle an estate if no time period is specified in the will?

No....i was an executor in Illinois and it took over 4 years to settle the estate. If the lawyer has other matters to attend to and you dont push for an end you can go for quite awhile. Most good lawyers will have the estate tied up within 6 months.

What happens to the assets of a beneficiary's estate with a will?

The question is asked a little awkwardly. Most people intend to ask how the deceased individuals assets are dealt with not the recipients/beneficiaries. However, the assets of a beneficiary's estate should increase since they are receiving assets from a deceased individual.

Also, if a beneficiary is deceased their assets, including any inheritance, will pass to their own beneficiaries under the terms of their will.

How long does my sister administrator have to settle my Dad's estate?

There is no mandated time frame. She has to settle the estate, including the debts and inventory of assets, as well as taxes.

Can credit card collect legal fees after death?

Yes, the estate of the deceased is responsible for all debts, including the collection of legal fees as allowed by judgment or law.

Your mom passed last year and had no property She had 1k in a debit account and they are requesting you fax over a executer of estate form in order to have the funds released How do you get the form?

Normally you go to a probate judge to get it. You shold take a copy of her will if she has one and a copy of her death certificate. The form you want is a standard form you receive from the court after the judge OKs it. You may need to go through a few steps, such as list a notice of her death in a newspaper, which may have been already done by whoever disposed of her remains, (that is standard and most newspapers do not charge for just the name and date of death), and make a list of any debts. You may also need to make a list of the other people who will share the money (brothers and sisters, or to pay her debts). You should take all that with you. There will be a charge to see the probate judge. You can call and see how much it will be. There will also be a charge to get the form. Anytime you deal with the government, there is a charge.

In NC is the step grandchildren of an heir entitled to to his share of the sale of estate property?

It depends on what the will says. It must specify that natural grand children and step grandchildren are to be treated the same in order for the step grandchild to get any inheritance. The question seems to indicate that the inheritor is still living and is garnering assets bu being named a beneficiary of a will. If such is the case, the named party is not legally bound to share an inheritance with anyone unless said inheritor is married and lives in a community property state. Be that as it may, as noted stepchildren or grandchildren would have to be named in a will as recipients before they would be entitled to any assets or property. The law considers such persons as being "removed from the bloodline" and would only be considered under probation succession laws if there were no other surviving blood relations.

Does an administrator for a estate probate have a legal duty to keep heirs-at-law informed on status of probate?

There is no legal duty to issue updates. However, it is so easy to keep in touch with email that it should be done as a courtesy. The heirs should request that the administrator send out an email periodically to apprise them of the status of the administration. If the Administrator isn't keen on that idea, anyone can visit the probate court and request the file. A quick review will tell you what has been filed and if the probate is moving along. If it appears the Administrator isn't settling the estate with expediency you can complain to the Administrator and if there is no response then you can petition the court to compel the Administrator to act or to appoint a replacement.

What is the deadline for filing estate inventory to probate in Minnesota?

The short--and slightly incomplete--answer is six months from your appointment as personal representative (or, if longer, nine months from the date of death of decedent).

Minnesota Statutes § 524.3-706 states:

"Within six months after appointment, or nine months after the death of the decedent, whichever is later, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare and file or mail an inventory of property owned by the decedent at the time of death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item."

The statute is clear about who you have to mail or otherwise "serve" with the Inventory. The statute is not completely clear about the need to file the Inventory. Some counties do actually require filing; some leave counties leave it up to you to decide (as long as you comply with all other requirements). I would typically suggest that a person err on the side of filing.

Four children inherited an estate and one of them died prior to the estate being settled. Does his portion pass to his children or to his surviving siblings?

Generally, if Harry survived the testator then died, Harry's portion of the estate becomes part of the Harry's estate. It will pass according to the provisions in Harry's will or according to the laws of intestacy to Harry's surviving spouse and children. You can check the laws of intestacy for your state at the related question link provided below.

Can a paralegal be appointed administrator of estate?

Yes. Many paralegals are competent in handling estates depending on their background and training.

Yes. Many paralegals are competent in handling estates depending on their background and training.

Yes. Many paralegals are competent in handling estates depending on their background and training.

Yes. Many paralegals are competent in handling estates depending on their background and training.

Is an in trust for ITF account part of an estate?

No. That type of an account has a named beneficiary and it would pass automatically to the beneficiary. It would be a non-probate asset.

No. That type of an account has a named beneficiary and it would pass automatically to the beneficiary. It would be a non-probate asset.

No. That type of an account has a named beneficiary and it would pass automatically to the beneficiary. It would be a non-probate asset.

No. That type of an account has a named beneficiary and it would pass automatically to the beneficiary. It would be a non-probate asset.

Trending Questions
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