Probate

In common law jurisdictions a personal representative is a generic term for the executor or administrator of an estate. A personal representative can also be a person chosen to manage the day-to-day affairs for some other individual under the authority of a Power of Attorney .

A trustee is the person appointed by a trust document to manage the property held by the trust.

A certified copy of a document such as a will is a more official form of a conformed copy. In legal practice, if a will (or contract for that matter) is signed, a conformed copy may be made by simply making sure that all aspects of the original are in the copy even though not done in an original manner. For example, a lawyer can make a conformed copy of a will by simply typing the testator's name where the testator signed it in order to show that it was signed. A certified copy is a conformed copy that is certified by some authority that it is a true copy of the original document. When a will is probated, a certified copy is commonly given to the executor. This certified copy consists of a true copy of the original together with the official certification by the court that probated the will that this is indeed a true copy of the will that was probated.

In order to transfer the real estate, they will have to have an estate and someone with authority to sell the property. The executor could take a loan out against the property to resolve the debts or to cover costs until sale.

That will depend on the names on the property deed or registration. If we are talking about gifts of electronics or other items, there is none. If it is a piece of real property (land or house), the deed will control. If the only name on the deed is that of the deceased, the adult children have no say and the deceased can do what they wish with it.

No. The funds belong to you. Payable on Death accounts are not a probate asset. The funds will be paid directly to you by the bank. To collect the funds, you need to obtain a copy of the death certificate and take it to the bank. You must show whatever identification the bank requires. You should obtain an official statement from the bank stating the balance that was paid over to you. You should keep that statement in your important records and provide the executor with a copy.

Although the account is not part of the probate assets the balance must be added to the assets of the estate for tax purposes. Therefore, all the executor needs is an official statement from the bank that shows the balance of the account that was paid over to you.

If the girlfriend can be considered his common-law wife and the state where they reside recognizes the validity of such a marriage, she can claim next of kin.

Yes, there is a statue of limitations on probate in the state of South Carolina. As of 2014 this limitation is ten years.

All plaintiffs have to prove their case to the satisfaction of the judge or jury. When someone is sued for a debt,information concerning the collection of the debt will already have been offered to the defendent. It would be in the form of a letter informing the debtor they have 30 days to request validation. They do not have to impart any other information until they appear in court. In cases of creditor suits they would not go to court without substantial proof.

In nearly every lawsuit other than small claims, you are entitled to conduct discovery. This can include depositions, submitting written questions that must be answered under oath and inspection of documents. If the opposing party refuses to produce the evidence, then you can bring a motion to compel and possibly sanctins. If some cases, refusal to obey the court's orders can result in dismissal of the case or issue sanctions.

The Administrator of an estate must file an inventory listing all the assets and when the estate has been settled must file a final account that states where all the assets went. They are required to account for all money they spent or distributed. Therefore they cannot squander money from the estate. An administrator is subject to the provisions of the state laws that govern fiduciaries. They can be prosecuted for stealing from the estate or for wasting the assets. They are personally responsible for making restitution if they mishandle the estate assets.

You can go to the court and review the file. If they haven't filed an inventory or account then file a complaint with the probate court. An administrator who fails to perform their duties can be removed.

Typically that would be a good idea. They could help establish that they have the most current will. They might also be in the best position to assist in the probate process.

You can't legally not pay the debtors if there are assets. It is one of the primary purposes of having probate, to clear up all debts. Only if the estate doesn't have the money to pay them can it be avoided.

Simple, simply offset their share against the loan.

Here's an example:

House $250,000

Cash and bonds - $150,000

Vehicle and goods- $50,000

Owed to debtors - [$ 50,000]

Owed by beneficiary - $50,000

Net value of Estate - $450,000

Each of the three would get $150,000 from the estate, but the one that owes money would get $100,000 in money and $50,000 in debt relief.

You should contact the board of bar overseers in your state to file a complaint against the attorney ASAP. Collect as much proof as you can to support your claim that the executor stole the estate assets with the help of the attorney.

To write a Will or probate a Will- yes.

To write a Will or probate a Will- yes.

To write a Will or probate a Will- yes.

To write a Will or probate a Will- yes.

Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.

Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.

Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.

Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.

Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.

Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.

Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.

Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.

The Uniform Probate Code is a model set of probate laws devised by the American Law Institute to be adopted by various states as they see fit. Most legislatures have adopted the Code, not verbatim, but with some changes here and there that such legislature feels is best. The idea is that there should be some uniformity to the law in the various states. Many uniform law systems have been created by the ALI including Uniform Commercial Code, Uniform Gifts to Minors Act and others.

The executor of the estate will be issued letters of authorization from the court that allow them to sell property, including vehicles and land.

You can certainly resign, but you may not appoint another POA unless the POA that appointed you also gives you the power to appoint a successor.

Someone who handles the estate for payment of the decedent's debts and distribution to the heirs.

First you look for directions in the will for what should happen in that case. If the will is silent then you must follow your state laws regarding intestate property.

They have a fiduciary duty to preserve the value of the estate. A complete inventory and valuation of the assets must be completed. They must resolve debts and bills and pay all taxes due. Then they distribute the remainder according to the will or laws of intestacy. A full accounting must be provided to the court.

I will share my experience in taking my brother-in law's estate through probate in Colorado by myself. There may be some info here you could apply to New Jersey. I went to the Colorado Bar Association web site. I found a 4 page probate form index, listing all the different court required forms for probate. I printed the index, visited the court, and had a friendly probate clerk tell me, and mark which forms would be initially required. I printed the required forms off the web site. Even filled them out on line. I was off and running and successful. I will comment that as long as you have good attention to detail, and accurately enter the information asked for, the whole procedure should be "By the book". Colorado has what is termed a "Supervised Probate", meaning the court has to approve everything you need to do, and a "Unsupervised Probate", where I just filled out the forms and passed them through the clerk's window, who accepted them. I never had any kickbacks. I would think there is a New Jersey Bar Association that will help. Good luck. John

"who's responsible to prosecute?"

Do you mean: what government official would be involved in seeking criminal penalties against the estate administrator and/or the lawyer? As it says at the beginning of each "Law and Order" episode: the police would investigate and if sufficient evidence were found, the prosecutor/district attorney would handle a criminal prosecution.

Do you mean: who should a beneficiary contact if he/she suspects that the estate administrator has removed estate property for his own use? The beneficiary must file an objection with the probate court. Generally speaking, this would involve hiring an attorney with probate experience to handle the matter.

Do you mean: if a person who is not a beneficiary and he/she suspects that the estate administrator has removed estate property for his own use, what should they do? Two alternatives, are the beneficiaries competent adults? If so, report your the evidence to the beneficiaries - it's their call, not yours, what to do with the info. If they aren't, for example, young children, mentally handicapped, report your evidence to the probate court.

WARNING - accusing people of a crime is a serious business and can get you sued or worse. DON"T - say "Bob stole Grandma's car from the estate."

DO - say "I saw you driving what looked like Grandma's car in Centerburg and it is now parked in your driveway, please explain this for me?"

If the beneficiary inherited the property and the estate has been probated then she is the new owner and can execute a new lease agreement.

If the beneficiary inherited the property and the estate has been probated then she is the new owner and can execute a new lease agreement.

If the beneficiary inherited the property and the estate has been probated then she is the new owner and can execute a new lease agreement.

If the beneficiary inherited the property and the estate has been probated then she is the new owner and can execute a new lease agreement.