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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 a executor get paid their fee if the estate is not approved but its closed?
Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.
Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.
Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.
Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.
What does upon trust mean in a will?
In a will, a trust is when one or more individuals hold the legal rights to the deceased's properties or anything of value. The trust is usually split between all those involved in the legal relationship.
You should allow the executor some time to work before demanding information. Executors need time to locate and gather estate assets and determine and pay estate bills. If you are entitled to a percentage of the estate, it would be impossible for an executor to give you an accurate idea of the size and nature of your inheritance.
Never the less, you are entitled to know everything about the will and the estate, however, not necessarily as soon as you would like. All states have laws governing the information an executor has to give to beneficiaries, but not all are the same, so you do have to check the laws of the state the will was probated. These laws are made to give executors a reasonable amount of time to perform their work without interruption or intrusion by beneficiaries. Examples are:
Beneficiaries are entitled to know that a will that names them as a beneciciary has been admitted to probate. However, all such statutes or rules give executors a reasonable amount of time to do so. In New Jersey it is 60 days.
Beneficiaries are entitled to know what the assets of the estate are; however, the executor does need time to compile the inventory of assets. In New Jersey, executors are not required to file inventories with the probate court unless a beneficiary asks the court to force the executor to do so. Unless there are some exigent circumstances, the court will not order an inventory before 6 months after the date of probate. Many other states require the filing of an inventory within a certain period of time. If that time passes, the court will order it to be done.
Beneficiaries are entitled to know what bills and administrative expenses are being paid out; however, executors are not required to give regular updates to beneficiaries. In New Jersey, a beneficiary can ask the probate court to compel an executor to file an intermediate accounting, but, unless there are exigent circumstances, the court will not order that accounting until after one year from the date of probate. Some states require an accounting to be filed within a certain period of time, or the court will order it to be done.
These time periods do not preclude beneficiaries from asking questions and they do not preclude executors from giving information out sooner.
Ultimately, the executor has to prove to your satisfaction that the amount of your inheritance is the amount to which you are entitled. If you are not satisfied, the disagreements will be litigated in court.
The whole idea of this system is a balancing of the interests and rights of executors and beneficiaries. It is a recognition of the fact that executors need time to administer the estate free from interruption for a reasonable time. After that, the interests of beneficiaries becomes more important and you can ask a court to compel the giving of information if it is not voluntarilly given.
My advice to executors is that the more information given to beneficiaries the better everyone will be.
My advice to beneficiaries is let the executor work in peace for a while.
Good executors should not be secretive as secrecy breeds suspicion and ill feelings. But good beneficiaries should should not be disruptive and demanding. The constant interruption of an executor's work usually only delays matters.
From your perspective:The executor is required to file the Will in Probate Court if your mother owned any property at the time of her death. Once the Will is filed you can visit the Probate Court and ask to see the file. You can review the Will and obtain a copy if you wish. From that point on you can monitor the executor's progress in probating the estate by periodically visiting the court and reviewing the file to see what documents have been filed. You have the right to have the estate probated expeditiously.
How can you contest a will if you are the only heir?
If by "heir" you mean that you are the sole beneficiary under the will, then you cannot contest the will unless you suffer some sort of loss or financial harm by reason of the probate of the will. One type of loss to a sole beneficiary would be the appointment of a person as executor who is not qualified or would be detrimental to the estate. If the sole beneficiary believed that the named executor unduly influenced the testator into making him the executor then the will could be set aside either in whole or in part. Sometimes a will is made which is in all other respects in accord with a testator's wishes except for one aspect. It is theoretically possible (and has been done in New Jersey at least) to set aside just the appointment of the executor while leaving the rest of the will intact. Another instance of a sole beneficiary challenging the will is if the estate is given to the sole beneficiary in trust for several years with outright distribution not being made for a long time. The beneficiary's loss is the tying up of the trust funds for years together with the cost of the trustees commissions over the time the trust is in effect. In this situation, the trust would have no contingent or succeeding beneficiary otherwise, you would not be the sole heir under the will. A will with at trust without a contingent beneficiary is ripe for a will contest, because such a trust lacks such an important part, that it looks like a mistake that may be evidence of a lack of proper testamentary intent. This question presents an interesting opportunity to explain some technicalities of probate law. This is an exercise in semantics; however, in strict technical terms an heir is a person who inherits a decedent's property when there is no will. A beneficiary is a person who receives a decedent's property when there is a will. Sometimes beneficiaries are called "legatees" if the receive personal property and "devisees" if they receive real property. Most modern probate laws have abolished the distinction between legatees and devisees, so the difference in meaning is mainly historical now rather than legal. So, if a person is the only "heir", meaning the only person who would inherit in the absence of a will, and if the will gives all or part of the estate to other persons or entities, the heir can obviously challenge the will, because he has the appropriate financial interest to give him/her standing to sue. Generally, standing to sue exists only when a person is "aggrieved" by the probate of the will, meaning he or she suffers some sort of financial loss because of the will. The heir's loss is that he/she would have received more money but for the will. He has standing to sue, but he still has to prove his case.
If the Will has been executed in Probate court the Will stands but if there is a note proving your dad owed money to your uncle then he can legitmately claim this as a debt upon your dads estate. See probate help link below for more information. Your father's estate is responsible for paying his debts. If the estate was properly probated and there are debts and no assets then the estate is said to be insolvent. You should speak with a legal professional who can review the situation and confirm that the creditor is out of luck.
As sole executor of will can you be forced to sell house by the other beneficiaries?
As an executor, you have a duty to sell the house and distribute the proceeds. If you want to buy the house from the estate, you can make that arrangement.
Does probate law have to protect a minors rights?
You need to add more detail to your question using the discussion page.
If the decedent died owning any property in their own name the estate is responsible for paying their debts. The creditors and any unknown heirs must be provided with the opportunity to make a claim against the estate. If there is real property, title will not pass legally unless the estate is probated. If there are personal bank accounts the administrator will need letters of administration to access the funds and close the accounts.
How do you contest the the severity of the principals alzhiemers upon the appointment of poa?
You would need medical evidence from a physician who has examined or is familiar with the principal. You should consult with an attorney about petitioning for guardianship. Once a guardian has been appointed any prior Power of Attorney is extinguished.
You would need medical evidence from a physician who has examined or is familiar with the principal. You should consult with an attorney about petitioning for guardianship. Once a guardian has been appointed any prior Power of Attorney is extinguished.
You would need medical evidence from a physician who has examined or is familiar with the principal. You should consult with an attorney about petitioning for guardianship. Once a guardian has been appointed any prior Power of Attorney is extinguished.
You would need medical evidence from a physician who has examined or is familiar with the principal. You should consult with an attorney about petitioning for guardianship. Once a guardian has been appointed any prior Power of Attorney is extinguished.
How long does an Executor have to probate a will in Texas?
There is no specific time frame in Texas. The estate has to be inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.
How is the probate estate maintained?
Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.
Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.
Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.
Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.
Keep in mind that anyone can dispute anything almost anytime. The answer is yes, but the disputing beneficiaries would have to claim and prove the disputed beneficiary unduly influenced by that beneficiary to be added to the policy or that the insured made the change when he/she lacked the mental capacity to do so. There are other legal theories to be used in such a case as well.
What will probate decide when a will has stated a named beneficiary who is now deceased?
They will follow the wording of the will as to what happens to the item or monies. Most have a specific wording that makes it clear what happens.
Why would you want a lawyer to help you write your will?
There are several reasons. The main reason is that the form and execution of all wills must comply with the laws of the state. If you are not familiar with those laws and you make a will which does not comply with the laws on what makes a will valid, it will not be admitted to probate and your property will not be given out in the way and to whom you want it given. Another reason is a lawyer will be able to advise you on the estate and inheritance tax implications of the way you want to give your estate away. In some cases, proper will drafting can save a large estate hundreds of thousands of dollars that would go to the government in taxes rather than to your family. Remember, if you make a serious mistake in making your will, it is too late to correct them when you are dead.
In most cases it will default to the estate.
When a deceased person is found how are the next of kin contacted and how do they claim the body?
it sounds to me like who ever asked this question may have killed someone and is curious how long it will take before they will be caught. i think this person should be watched and if any of there kin folk are found dead then the person who asked this question should be investigated.
I live in another state from my family. When my father died in the hospital, the doctor called the city I lived in and had the police inform me of his passing. Police usually inform relatives when the death was unexpected or unattended by a family member. As for claiming the body, call the hospital or facility in which the person died in/was taken to for further instructions.
Your brother's will needs to be filed for probate. It may be invalid. The court must examine the will to determine if it is technically valid. Once the will has been allowed and the executor appointed your brother's debts must be paid before any of his property can be distributed.
All your brother's next of kin have the right to be notified of the probate of his estate for many reasons. The primary reason is that it's the law. It's the law that has evolved over hundreds of years to reflect all the important things that need to be done when a person dies. When anyone dies the procedure is the same. If it was different every time there would be chaos and quibbling over what should be done. Laws provide the framework of a civilized society. They let us know what will happen in certain legal matters.
There are many reasons why the law is as it is. Someone may want to contest the will. It may be a simple will that doesn't have a residuary clause. A will without a residuary clause can sometimes cause problems if the testator forgot to dispose of some property. There may be property that comes into an estate after the testator's death such as a court award for personal injury. Property may be found that the testator forgot he owned. He may have a winning lottery ticket in his pocket. In all those cases any property not devised by the will would be shared as intestate property by all his heirs-at-law.
If your brother had a wife, she is entitled by law to a share of his estate even if he left everything to you in his will. His children may be entitled to a share as well. If there is no surviving spouse or issue- the court needs to document it.
You don't need to notify all your living relatives of your brother's death. Only his heirs-at-law and next-of-kin.
What Steps must be taken to freeze estate account to stop executor theft?
You need to obtain a court order. You must do so ASAP. Keep in mind that an executor has no legal authority to deal with a decedent's bank accounts until they have been appointed by the court. If the executor has been appointed by the court you must file a motion immediately to have the letters testamentary revoked.
How long to you have to settle an estate in Maryland?
Our executor is our brother ,we has lied he have received 2.7 of property out of 8.19 now is 5.19 me an my sister belongs to split 5.19 a and if we sell he between a third because his name is on the deed ,need help
Does deceased father's tax return go into his estate or to his heir?
The tax return is an asset of his estate. The debts of the estate must be paid before any assets can be distributed to the heirs. Therefore, any remaining assets after the debts have been paid will be distributed according to the provisions in the will or according to state laws of intestacy if there was no will. You can check your state laws at the related question link provided below.
How to prove Undo influence and coercion in probate court?
This will vary from state to state depending on its laws on undue influence. Undue influence is not something that is done openly; therefore, many, if not all, states permit it to be proved circumstantially. As an example, in New Jersey, we try to raise a presumption of undue influence. If the facts show that a will benefitted someone who was in a confidential relationship with the decedent and if there are suspicious circumstances surrounding the execution of the will, a court may find that there was undue influence without direct proof of it. The person defending the claim then must present evidence to explain that nothing was done wrong.
What power does the attorney-in-fact have under a Power of Attorney once the principal has died?
A Power of Attorney is only effective while the principal is living. Once the principal (the person who appointed an attorney-in-fact under a POA) dies the POA expires immediately and a new fiduciary must be appointed by the court to settle the estate. The court must appoint an Executor if the decedent left a will or an Administrator if the decedent died intestate (without a will).
An executor must follow the provisions in the will and for any property not distributed by the will must distribute it as intestate property according to the laws of intestacy. An executor does not have discretionary power of distribution unless that power was specifically granted in the will. An executor is personally liable for any acts that go against the will or violate the law.
Where do you apply for letters of administration?
At the probate court in your county. They will issue the letters of administration for the estate.
