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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 an estate be put up for sale before probate and how long does probate of the will take in NJ?
Until the Letter of Authority has been issued, the property cannot be put up for sale.
How does one challenge probate for debts of deceased?
Under the intestacy rules,you will have to provide evidence of all the deceased's debts and if you are challenging a creditor-then you will have to prove otherwise-as to why they should not be paid,i.e.. a flaw in the loan agreement-if the main asset happens to be the main matrimonial home-and this is on joint names-then the spouse can contest the matter on the grounds of "not being aware" of any debts incured by the deceased...however...DON'T BUILD YOUR HOPES UP TOO HIGH-SINCE MOST COURTS ALWAYS RULE IN FAVOUR OF CREDITORS.[Joint and severe liability]
You may find that you end up paying more in costly legal fees,then the actual amount demanded by creditors.[Syed Amir]
A trustee manages the property in the trust. An executor manages the property owned by a decedent at the time of their death. You need to review the trust document to determine what the trustee must do with the trust property now that the settlor has died.
Why must a court appoint a Personal Representative to Probate a Will?
The court must ascertain that all the requirements set forth in the probate laws have been met. The Will must be deemed valid and the court must confer legal authority upon the personal representative before they can act.
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.
Who can get copy of probated will in NJ?
A probated will is a public document. Anyone can obtain a copy.
A probated will is a public document. Anyone can obtain a copy.
A probated will is a public document. Anyone can obtain a copy.
A probated will is a public document. Anyone can obtain a copy.
What does waiver of preliminary hearing mean?
A waiver of preliminary hearing means that it has been decided, or agreed, that no preliminary hearing is needed and so none will be held.
"Letters Testamentary" are issued after the will has been probated. Probated means proved as genuine. It does not mean the process of administering the estate by collecting assets, paying bills and disbursing the estate. Once Letters are issued, the exeutor/executrix begins the administration of the estate. Letters Testamentary have no relation at all to trusts.
Can you get a letter of testamentary without going to probate in TEXAS?
Letters Testamentary are a court issued document that show an executor was duly appointed by a court.
What is the fee an executor of an estate receives in Colorado?
how do you figure estate executor fee in colorado
Can executor transfer property to estate account?
If they have been duly appointed by the probate court they have been granted the authority to settle the estate under the supervision of the probate court. They have the power to close accounts and manage an account for the estate.
Your primary problem is that two heirs want to sell the property and two do not. A loan from a bank won't address that problem. The bank won't "buy out" your inheritance for you. If you borrow on your inheritance you must pay it back.
First, when real property is included in an estate, the estate must be probated in order for title to the property to vest in the heirs. The estate should be probated with the guidance of an attorney who specializes in probate. In the primary stages of this type of dispute the estate attorney may be able to help the parties reach an agreement by explaining the rights and the options of the beneficiaries. The two beneficiaries who want to keep the real estate must make a reasonable offer to buy the others out. If the parties cannot reach an agreement at this level then the two who want to sell must bring a petition to partition to force a sale.
When land is under co-ownership of two or more people any owner can file a Petition to Partition in the appropriate court. The court has the power to divide the land, if that is feasible, such as when there are multiple tracts or a single large tract. If dividing the land is not feasible then the court will order a sale and the net proceeds are divided according to each owner's interest after the costs and expenses associated with the partition have been deducted. The parties who want the land sold would need to be represented by their own attorney for the partition proceeding.
The court costs and legal fees associated with a partition can be very expensive and those costs will be equally shared by all the parties by being deducted from the proceeds of the sale. That reality should be the motivation for the parties to negotiate a fair resolution before the situation escalates to a partition.
In the United States it depends on whether a joint tenancy was created in the original gift. A joint tenancy is created by using particular language that generally states that the property is to be held jointly and to the survivor of the grantees. The most common phrase used to create a joint tenancy is "as joint tenants with the right of survivorship".
If a joint tenancy was not created in the original gift then the brothers held as tenants in common and that means that when either dies their interest in the property can pass by their Will or if they have no Will it passes by law to their heirs at law, i.e., spouse and/or children. In this case the estate of the deceased brother must be probated in order for legal title to pass to his heirs.
How does an executor of an estate buy a car from the estate before probate?
They can certainly do so during the probate process. But a fair market price must be paid for it.
Does the bank still collect from a deceased co signers estate if the property was sold?
The bank has a lien on a mortgaged property that is not affected by a transfer of the property. The bank will go after the decedent's estate and the cosigner for payment of the mortgage. If the mortgage isn't paid the bank will take possession of the property by a foreclosure.
The bank has a lien on a mortgaged property that is not affected by a transfer of the property. The bank will go after the decedent's estate and the cosigner for payment of the mortgage. If the mortgage isn't paid the bank will take possession of the property by a foreclosure.
The bank has a lien on a mortgaged property that is not affected by a transfer of the property. The bank will go after the decedent's estate and the cosigner for payment of the mortgage. If the mortgage isn't paid the bank will take possession of the property by a foreclosure.
The bank has a lien on a mortgaged property that is not affected by a transfer of the property. The bank will go after the decedent's estate and the cosigner for payment of the mortgage. If the mortgage isn't paid the bank will take possession of the property by a foreclosure.
If all parties were given notice of the hearing and none asked for a continuance or postponement then the court will continue with the hearing.
I believe it reverts back to the owner, and thus becomes part of his estate.
Not only does the beneficiary have to wait for the probate of the will, but will most likely have to wait until the executor is satisfied that the house does not need to be sold to pay any debts of the estate. Until administration of an estate is complete, the executor has the right to possession of all estate property, including the house. If the executor wants to, he/she can let the beneficiary in the house. But even there, the person appointed as executor has no power to allow that until the will has been probated. This is because that person has no power to act as an executor until the will is probated.
How do you know that a poa has not had the will changed?
A POA does not give the attorney-in-fact the power to change a will. A will signed by an attorney-in-fact would be invalid. A will must be signed by the testator.
They may be entitled to some assets but it is not a certainty. When a person dies intestate (without a will) the state probate succession laws apply. All assets, property and debts of the deceased are entered into probate. All creditors are notified by the appointed executor or executrix of the probate filing. Creditors have a period of time as specified by state law to file a claim against the estate. No assets or property will be distributed until all debts and taxes are paid according to their priority and to the extent of the available assets. Once debts have been paid, any remaining assets and all exempted assets and property will be distributed to surviving family members. The general succession rules are, the surviving current spouse and her children, then the biological children of a previous marriage(s), the parents of the deceased (if applicable)and so forth until the estate is depleted. The issue of unpaid child support is not likely viable unless there was a court order and the state chooses to make a claim against the estate for repayment of any public assistance that was received by the minor children. Any "interested party" has the legal option of contesting a will but not probate succession law. The only option if the adult children are not included would be for them to file a suit against the estate in the appropriate court.
How do I find someone's probated will free of charge?
You can travel to the probate court where the decedent died and check the index to see if a probate was filed. Take a notepad and pen with you (and a camera if you have one to photograph the documents). If a probate was filed you can request to see the file and make notes of any documents in it.
What if executor never divided the will asets?
If the executor never divided the assets, find out why and give your definition of never. Frequently, assets are not divided for a period of 9 months or a little more. If the executor has given the final report to the probate court and then does not divide the assets, you may have a reason to complain. After you have checked with the executor, you might need to check with a lawyer.
What court would you go to for probate records in RI?
In order to obtain Probate Records in the State of Rhode Island you'll need to contact the local town clerk.
How much can a caregiver get from probate?
It will all be based on the terms of the will. If the caregiver has unpaid bills for care of the deceased, they can apply to probate for payment.
