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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
Does a Power Of Attorney that was done in 2006 override any prior desecions made in 2003?
Why would there be any 2006 if there was a 2003
Am executor of will can i be sued by family?
Unfortunately, the family could sue. Probate seems to bring out the worst of people.
Do you have to go through probate in Oregon if there is a will that appoints an executor?
Yes, the only way an executor can be empowered to act as an executor is by having the will probated and having the court issue documents to the executor that state that that person is the executor.
Does the estate need to be opened in the state where the person died?
Not where the person physically died, but in the state in which the decedent was domiciled at his/her death. Example: Decedent was domiciled in New Jersey but died at his summer residence in Florida. The original probate should be in New Jersey. If that residence has to be sold by a duly appointed executor in Florida, ancillary probate is issued. This entails getting a certified or authenticated copy of the will that was probated in New Jersey and offering it for probate in Florida with a request that the New Jersey executor be appointed executor in Florida in order to selll the Florida property.
What is a reasonable fee for being a guardian to a family member?
The fee for serving as a guardian is fixed by the laws of the state where the guardian was appointed. They are usually a percentage of the value of the incapacitated person's assets together with a percentage of the income those assets generate after the guardian is appointed. Different states have different rates and methods of determing what is part of the person's assets and income on which to take the percentages, so you must refer to the appropriate state laws for an answer.
How do you find someone in Quito Ecuador?
You can search their name at Google Ecuador (www.google.com.ec). This is difficult if you don't speak Spanish (more on this later).
You can also use the Ecuadorian version of Facebook: Sonico.com. Again, you need to be able to write and understand Spanish. Just a few months ago, I found a long, lost Ecuadorian friend by putting her name into both Google Ecuador and Sonico. Essentially, Google Ecuador brought me to Sonico and I found her on Sonico. A word of caution: don't give Sonico your e-mail address when you sign-up, which you'll have to do to have access to the Sonico members. It will automatically e-mail everyone in your address book an invitation to Sonico in Spanish.I ended up with a lot of confused non-spanish speaking friends asking why I was sending them e-mails in Spanish.
If you don't speak Spanish, you can use the Google Translator (translate.google.com). You go to the google translate site and paste the URL of the page you want to translate into the text block and click on "translate." This can be quite laborious if you are going to a lot of pages. In that case, download the Chrome browser and add the Google Translate extension. This will add a check box where you just click yes (to the question: Translate page?) when you need a translation. Btw, this will allow translation of many different languages. Very cool.
What percentage of tax do you pay on an 800000 dollar inheritance?
taxes on lottery winning of 800,000 in the state of WA
Is a house considered joint property in Ohio?
That depends on the names listed as grantees on the deed and what tenancy was recited. Ohio is not a community property state so the grantee(s) in the deed owns the property. The following tenancies are recognized in Ohio:
Ohio:Ohio recognizes the following types of ownership: tenancy in common, joint tenancy and tenancy by entirety created prior to April 4, 1985, but not community property and tenancy by entirety after April 4, 1985. A grant of ownership of real estate to two or more persons is presumed to create a tenancy in common, unless otherwise expressly stated in the conveyance. Ohio Code §5302.17-.21.
Are Detroit Probate Courts open on Presidents Day?
Presidents Day is a Federal holiday. The courts will be closed.
You should visit the court that issued the order and read the petition. Your father's children should have been listed as next of kin on the petition and they should have been notified. Once any petition has been filed in probate court it becomes a public record. You can request to see the file and read through it to review any papers his wife filed with the court. You can call or visit the probate court in your father's jurisdiction and check the index to see what has been filed under his name.
Is it executor under the Will or Executor of the Estate?
Not all wills name an executor. If an executor is named in the will they must submit the will to probate for allowance and petition for appointment as the executor. In that case they will be both the executor under the will and the executor of the estate once appointed.
In some cases, the named executor has died. In that case the court must appoint another person to act as executor. In some cases the executor named in the will declines the appointment. In that case the court will appoint an alternate. Either of these executors can be referred to as executors under the will and they are both executors of the estate. It may simply be a matter of style.
Some may acknowledge a distinction that a person who is executor under the will has not been officially appointed by the court and the executor of the estate has been appointed by the court and Letters Testamentary have been issued making the appointment official.
What happens when an executor takes a long time to probate a will?
It takes longer to settle the estate. There are no specific time frames and some estates take decades to settle.
How do you know the executor is dishonest?
Visit the court and ask to see the probate file. Study carefully the inventory, which should include all the property owned by the decedent (bank accounts, real property, stocks, investment accounts, cars, etc.) If it doesn't seem correct then ask to see official statements. If the executor won't cooperate and you have an honest suspicion of dishonesty you can ask the court to compel the executor to provide information.
When the estate has been distributed the executor must file a final account that should show where all the property that was listed in the inventory went.
Any time you have a valid reason to think an executor is being dishonest you should seek help from the court.
What if the property is in a trust and I am the beneficiary of that trust?
Under UK Law:
The trustee's must authorise the release of the property to the beneficiary(s)
The beneficiaries under certain trust law can demand the property of the trust, but the trust deed must state a legal 'absolute' entitlement to that property. If the beneficiary has an absolute right to that property and has attained the stated age at which he or she should receive that property then the trustee's must authorise the payment to the beneficiary.
IF it is a discretionary trust then you are only a 'potential' beneficiary and have no legal right to demand the property
Will my deceased brother's wife get his share of what my parents will leave when they die?
This could be unless your parents change their will. Talk to your lawyer. Every will is different. Let me add this: First, the answer depends upon the laws in the state in which the will was probated. Second, what does the will say about it? Many wills specify who gets the share of a predeceased child. In general, if the will makes no specific mention of it, then most states provide that the share the predeceased child would have gotten goes to the issue of the child, not to the spouse. "Issue" means children, grandchildren, etc. It's best to have the will be specific about it.
Does life insurance require to be probate?
With a properly named beneficiary the benefit avoids probate.
If an heir is a minor, any inheritance due to that minor will be paid to the minor's legal guardian, who will turn it over to the minor upon becoming an adult. Different states have different laws and there may be many variations on this general rule, so knowing the state law is a must. As an example, in New Jersey, a parent is not considered the legal guardian of his or her minor child for purposes of taking care of the child's money, unless the inheritance is in an amount that is less than $5000. The parent must be formally appointed as legal guardian and have to post a surety bond before receiving the child's inheritance. If the law of the state requires appointment of a legal guardian in such a case, the administrator of the estate will not distribute the inheritance until proof of proper appointment is provided.
No you cannot cash the cheque. You would have to ask the payer to make the cheque payable to the estate of your late father. Say for example you father was Mr. Alfred Barry Charles, the cheque would have to be written in favour of 'The Estate of Mr. Alfred Barry Charles'. You would then need some type of authority from the probate court in order to cash that check.
Can an executor to an unsigned will be the sole beneficiary in uk law?
If the will is unsigned, the will is not considered valid. The laws of intestacy would apply.
Is an estate necessary for an indigent parent?
If by indigent you mean completely without assets, then no, an estate is not necessary. An estate is necessary if a decedent has assets that are to be transferred to another person, whether by will or intestacy. In fact, since a decedent's "estate" consist of his/her assets nd if there are no assets, there is no "estate."
If you inherit from a will a home do you get to keep the furniture in the home?
Whether the contents belong to you depends on the other bequests in the will. If the person had a spouse, the contents most likely belong to them. You might politely ask for certain pieces, but you should not be upset if none of them come to you. ANSWER The gift of a house in a will does not in and of itself include its contents. It does include the house's fixtures, such as chandeliers, built-in airconditioners, etc., but not the furniture and furnishings.
No, not unless directed to by a Court to do so.
A person has a right to name -- and to exclude -- who will be beneficiaries. If I have 4 daughters, but only choose two for this role, then that is my stated wishes. The other 2 daughters have to respect what I wanted.
No. An IRA with named beneficiaries does not come under the authority of the executor of the estate because it is not a probate asset. The trustee of the account will pay it directly to the named beneficiaries. That is the purpose of naming beneficiaries.
If the account was joint then the surviving spouse is responsible for the debt. If the account was held solely by the deceased spouse the surviving spouse is NOT responsible for the debt and is not legally obligated to repay such nor to correspond with the creditor or collector. If the surviving spouse so chooses he or she may inform the collector that the account holder is deceased and also inform the collector that they should "cease and desist" all contact with the family. Florida is not a community property state. Marital property is generally treated as Tenancy By The Entirety, which makes it immune to creditor action if only one spouse is the debtor.
Can a principal select their own executor or administrator of their estate?
Yes, the testator can choose who they wish. The appointed person does not have to accept the responsibility though.
