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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
What if myself and other siblings are heirs of mother's estates and one sibling try to take over?
Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.
Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.
Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.
Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.
That situation should be reported to the court immediately and the executor should be required to correct their error in the distribution and file an amended account.
Yes. The estate must be probated in order for title to the real estate to pass to the heirs legally.
I have been told that to obtain a grant of probate yourself it costs £90. To appoint a solicitor to do it is considerably more but unsure how much. The cost can come out of the deceased estate.
Call the police. It is theft, pure and simple. They may feel they are entitled, but if the executor and the court don't agree and approve, the individual is stealing from the estate.
There probably will be no tax liability. You need to fill out the tax forms to find out for sure, but that is well below the federal threshold.
This question has to vague to answer appropriately, I need more details. The state the property is situated in is relevant as well. The mineral rights would generally be held in the deceased estate. The heirs are entitled to their ownership and depending on the situation, this can be down without probate. You can ask me more specifically at louisianaenergy.ning.com if you need more information.
Would your deceased stepfather's car be included in probate?
Maybe. It depends upon the state probate laws and how the vehicle is titled.
How long before a probate occurs?
If you mean "How long before a will is probated in court?", typically six weeks to three months.
If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.
If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.
If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.
If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.
If a spouse leaves everything to a spouse do you have to probate the will?
If the decedent owned any property in his own name the estate must be probated. If all the property was jointly owned then full ownership passed to the surviving spouse and there is no need for probate. If you are unsure you should consult with an attorney who can review your situation.
You are executor sole heir can you get advance from bank until probate is done?
You can make a request to the court for a draw or living allowance. If the assets are well documented, they are likely to grant the request.
How do you transfer an existing Durable Power of Attorney from an incompetent parent to child?
Powers of attorney are non-transferable. The principal must have the legal capacity to execute a new one. If not, a guardian must be appointed by a court.
How long does it take to get a Letter of Testamentary?
With the appropriate forms filled out and signed, it can be done very quickly. In many cases you can get the letters in a matter of an hour or so at the court house.
Answer: If your father conveyed his real estate to himself and his brother as joint tenants before he died then his interest in the property automatically passed to his brother upon his death. There might be an exception if you could prove your father was imcompetent when he signed that deed of if there was some other valid reason to contest it. If not then your father could legally do what he wanted with his property before he died.
How do you get a copy of a will in Massachusetts?
You can get a copy of a will from the attorney who created the will. If you are named as an heir in the will, you will receive a copy when the will is read or you are contacted.
Can a deed be transferred to administrator of estate when a mortgage exists?
The estate must be probated. The property can be transferred with court approval but it is subject to the mortgage. If the mortgage isn't paid the lender will take possession of the property by foreclosure.
The estate must be probated. The property can be transferred with court approval but it is subject to the mortgage. If the mortgage isn't paid the lender will take possession of the property by foreclosure.
The estate must be probated. The property can be transferred with court approval but it is subject to the mortgage. If the mortgage isn't paid the lender will take possession of the property by foreclosure.
The estate must be probated. The property can be transferred with court approval but it is subject to the mortgage. If the mortgage isn't paid the lender will take possession of the property by foreclosure.
Is a verbal agreement between father and son binding when father's estate is probated?
It depends on the subject of the agreement and whether there is enough evidence to compel a judge to enforce it. Certain agreements must be in writing in order to be enforceable. You should consult with an attorney.
It depends on the subject of the agreement and whether there is enough evidence to compel a judge to enforce it. Certain agreements must be in writing in order to be enforceable. You should consult with an attorney.
It depends on the subject of the agreement and whether there is enough evidence to compel a judge to enforce it. Certain agreements must be in writing in order to be enforceable. You should consult with an attorney.
It depends on the subject of the agreement and whether there is enough evidence to compel a judge to enforce it. Certain agreements must be in writing in order to be enforceable. You should consult with an attorney.
What do you need to take to court for probate?
The process varies state by state, but generally requires that you either fill out forms or appear in court to:
- prove that the decedent's will is valid (unless someone is contesting the will, this usually requires nothing more than presenting death certificate and copy of the will)
- obtain legal authority to act on behalf of the decedent
- inventory and value all decedent's property
- pay all decedent's debts and taxes
- distribute any remaining property according to the terms of the decedent's last will and testament
Where can I find Georgia probate laws?
To get answers regarding Georgia probate law, go to, or click on link below http://www.gaprobate.org/loved_one.php
Are outstanding attorney fees dischargeable?
They may receive special treatment where they were awarded as part of a divorce or separation agreement. If the attorneys fees are found to be in the nature of a support obligation then they will not be discharged as part of the bankruptcy.
If your grandparents died without leaving wills then their property will be distributed as intestate property. Every state has laws that dictate how intestate property must be distributed. If your parent on that side of your family is living your grandparents' property will pass to them. If that parent is deceased the property will pass to you.
You can check the laws of intestacy for your state at the related question link provided below.
What if executor refuses to file an accounting in 9 years?
This could be ground for an action for removal of the executor. A personal representative, whether an executor of a will or a trustee of an estate, may be removed for failing to meet the responsibilities of the position. Any interested person can petition to remove an executor. An interested person is usually any present or future beneficiary or creditor who has a stake in the estate. The petition for removal may be combined with a request for appointing a new, alternative personal representative.
