Probate

Every trust is unique to the document that created that trust. You need to review the trust document for your answer.

Every trust is unique to the document that created that trust. You need to review the trust document for your answer.

Every trust is unique to the document that created that trust. You need to review the trust document for your answer.

Every trust is unique to the document that created that trust. You need to review the trust document for your answer.

If the property was owned by the parents with a right of survivorship then title passed automatically to the surviving spouse bypassing probate. In that case the property is the sole property of the surviving spouse. She can convey it to anyone she chooses or she can leave it in her will to whoever she chooses. That property is not under the control of the executor.

No, not everyone can file for the letter. It must be someone with a vested interest in the estate.

No. The Power of Attorney expires on the death of the grantor.

You can petition the court to have them removed. They are likely to appoint a neutral party to be the executor. It might be the right time to consult a probate attorney.

If the items are not paid for, they will get reposessed by the bank and then the bank will sell them

In Colorado, you cannot disinherit a spouse. A spouse who receives very little under the terms of a will can make a claim for an elective share instead. The elective share for any surviving wife or husband will depend on the length of the marriage and reaches a limit of about half of the estate for marriages of ten years or more.

In community property states, absent a will or beneficiary designation different(and even this might not be enforceable if the wife did not sign). Everything goes to the surviving spouse. Hopefully she likes the children.

I am not an attorney but I did go to a Holiday Inn Express today.

The estate would be responsible for the loan. If that is satisfied, she can keep the house. She may be able to take out a loan to pay off the debt.

First, you're not the executor until you have been appointed by the probate court. Some people may be capable of settling an estate without hiring an attorney, especially if they have some legal experience. However, you should be aware that the executor is personally liable for any errors they make regarding creditors, and distribution of the estate to the heirs. The estate must be settled according to the probate laws in your jurisdiction. An attorney would make certain you performed all your tasks according to those laws that govern estates.

First, you're not the executor until you have been appointed by the probate court. Some people may be capable of settling an estate without hiring an attorney, especially if they have some legal experience. However, you should be aware that the executor is personally liable for any errors they make regarding creditors, and distribution of the estate to the heirs. The estate must be settled according to the probate laws in your jurisdiction. An attorney would make certain you performed all your tasks according to those laws that govern estates.

First, you're not the executor until you have been appointed by the probate court. Some people may be capable of settling an estate without hiring an attorney, especially if they have some legal experience. However, you should be aware that the executor is personally liable for any errors they make regarding creditors, and distribution of the estate to the heirs. The estate must be settled according to the probate laws in your jurisdiction. An attorney would make certain you performed all your tasks according to those laws that govern estates.

First, you're not the executor until you have been appointed by the probate court. Some people may be capable of settling an estate without hiring an attorney, especially if they have some legal experience. However, you should be aware that the executor is personally liable for any errors they make regarding creditors, and distribution of the estate to the heirs. The estate must be settled according to the probate laws in your jurisdiction. An attorney would make certain you performed all your tasks according to those laws that govern estates.

The probate code for any state is too long to reprint here. You can research what you want to know at the link below for Title 19 of the Mississippi Code which addresses Trusts and Estates.

Just click on the link and then on the chapter you're interested in and read the text.

When a will gives the "all household goods" to several people as a group or if the will simply gives the entire estate to several people as a group, the household good must be divided by consent of the members of the group. This is because that type of transfer gives all members of the group an equal ownership interest in every single item. Thus, no one person has a right to any one item. Some wills do not dispose of individual items, but instead give the executor some power to make the distribution in an equitable manner to avoid litigation. If the beneficiaries cannot come to an agreement and if the executor has no power to make the division, the matter will wind up in court with the items sold probably one by one to the highest bidder.

I feel the executor has full power over the heirs! Implead into the probate proceedings started up by the executor and question the anomalities you have seen or apprehend. Whatever be it, remember that the executor is the legal representative of the deceased for all purposes, and all the property of the deceased vests in him as such. Therefore before going into a protracted legal battle, it would be best to question the executor in a private fashion; through common known friends; through the church; whatever means other than adversarial proceedings through the court. Just because, the executor is appointed by the deceased, effective from the date of death of deceased, and if you blow your cool and unnecessarily, even unwittingly antagonize the executor, you waste time, and a lot of time in meaningless philanderings in court proceedings. This should be always avoided. Approach; Question; Argue the matter; Compromise; Settle (whether it is even to a minor loss); but close the matter at the earliest. Take what is your bequest; invest it sensibly; and continue your life outside the court. Or you will see a living hell of court, within your life.

Defining timely is going to be the issue in this case. An executor has a duty to be thorough and complete in what they do. They must provide a full accounting to the probate court.

The answer depends on the details. For example, if there are debts to pay and no cash, the property must be sold to satisfy the debts. A decedent's debts must be paid before any property can be distributed. In that case, the heirs can purchase it from the estate, thereby providing the funds to pay the debts.

The answer depends on the details. For example, if there are debts to pay and no cash, the property must be sold to satisfy the debts. A decedent's debts must be paid before any property can be distributed. In that case, the heirs can purchase it from the estate, thereby providing the funds to pay the debts.

The answer depends on the details. For example, if there are debts to pay and no cash, the property must be sold to satisfy the debts. A decedent's debts must be paid before any property can be distributed. In that case, the heirs can purchase it from the estate, thereby providing the funds to pay the debts.

The answer depends on the details. For example, if there are debts to pay and no cash, the property must be sold to satisfy the debts. A decedent's debts must be paid before any property can be distributed. In that case, the heirs can purchase it from the estate, thereby providing the funds to pay the debts.

You can contact the bank and make arrangements to pay the mortgage. If you can't pay, the foreclosure can be continued and the lender will name the estate and the estate representative in the foreclosure documents.

You can contact the bank and make arrangements to pay the mortgage. If you can't pay, the foreclosure can be continued and the lender will name the estate and the estate representative in the foreclosure documents.

You can contact the bank and make arrangements to pay the mortgage. If you can't pay, the foreclosure can be continued and the lender will name the estate and the estate representative in the foreclosure documents.

You can contact the bank and make arrangements to pay the mortgage. If you can't pay, the foreclosure can be continued and the lender will name the estate and the estate representative in the foreclosure documents.

Not if it is in the will.

A life estate is extinguished when the life tenant dies or releases their life estate by a written instrument recorded in the land records to clear the title.

The answer depends on the laws of the state where the probate took place; however, every state has laws for beneficiaries to force distributions after giving executors some reasonable time administer the estate. After all, before executors can distribute to beneficiaries, all funeral, administration expenses, estate and inheritance taxes (if any) and legitimate debts of the decedent are paid in full. This takes time. As an example of remedies available to beneficiaries in this situation, New Jersey law provides that if a beneficiary is given a specific dollar amount in the will, that amount has to be paid within one year of probate or it will carry an additional 4% interest for the beneficiary. Also, if the beneficiary chooses, he/she can bring an action in probate court on an order to show cause to force the payment. If the beneficiary is entitled to all or a percentage of the net estate available for distribution, the beneficiary can file an action in probate court on an order to show cause to compel the executor to file an accounting and compel distribution. If you have to go to court this way, you probably can do it yourself, however it is better to get a lawyer, who may be able to force payment with a well worded letter, rather than going to court. If the money is given to a trust for your benefit until you reach a certain age and you have not yet attained that age, then the executor will not and cannot distribute anything to you individually. It must go to the trust. If you are a minor, the executor will not and most likely cannot distribute the inheritance to you directly since you are not an adult. The executor will have to distribute the inheritance to a duly appointed guardian, unless that state's laws permit some other distribution. In New Jersey, an executor cannot distribute monies in excess of $5000 even to a parent unless that parent becomes a legally appointed guardian in the probate court where the minor resides, not where the probate took place.

Probably not, but your local probate attorney will know for sure.

what are my rights as a trust beneficiary? Possibilities; Note that a trust can be otherwise impossible to break (especially spendtrhift). 1. if trust purprose is no longer valid. 2. judicial order for cause. 3. spendthrift - prove to trustee that you can handle $$. 4. spendthirft - when & If you have more $$ or asssets than the spendtrhift 5. Lump sum or other distributions that get the trust down to unmanageable low levels thereby making the trust invalid or too expensive to manage.

Yes. The estate must be probated in order for title to the real estate to pass to the heirs legally.