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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
The child who is living in the home will need to come to an agreement with the other siblings who are the new owners of the property along with the resident sibling. They may need, or decide, to sell the premises and divide the net proceeds among the heirs.
The child who is living in the home will need to come to an agreement with the other siblings who are the new owners of the property along with the resident sibling. They may need, or decide, to sell the premises and divide the net proceeds among the heirs.
The child who is living in the home will need to come to an agreement with the other siblings who are the new owners of the property along with the resident sibling. They may need, or decide, to sell the premises and divide the net proceeds among the heirs.
The child who is living in the home will need to come to an agreement with the other siblings who are the new owners of the property along with the resident sibling. They may need, or decide, to sell the premises and divide the net proceeds among the heirs.
Can you sell a car left to someone in a will to satisfy debts of the estate?
As executor of the will it is your responsibility to pay all of the debts of the deceased from his estate before the beneficiaries get what theyve been bequeathed so yes you can sell a car if there is not enough money from any other source to pay the debt.
Can a fiancee file to be the administrator of the estate for her fiance if he died without a will?
In Canada if someone does not leave a Will any properties or monies can be left to government. In some cases if you seek out the advice of a lawyer you may have grounds to stop this action. This is why it is so important that people have Wills.
Unless your fiance' named you in his Will as Executrix or you had Power of Attorney there isn't much you can do. The reason for this is, you are not legally married and he could well have wanted anything he owned to go to his family such as siblings.
It is best to seek out legal counsel to see what your options are. If you lived together for more than 6 months you may be entitled to some or all of what he has left.
AnswerShort answer - yes! The government does not take your assets if you die without a will. State law decides who gets your assets! If there is no will, there is no executor, so the person appointed by the court to administer the estate is called the administrator. This does not mean that the finacee will get anything, but she can file to be that person. Clarification:It depends on the laws in your jurisdiction. In some states the fiance could not seek appointment as the administrator so you would need to check your own statutory provisions regarding the administration of intestate estates. She is not "kin" to the deceased.In my state the person who can petition to be the administrator of an intestate's estate is as follows:
1. surviving spouse, if none then 2. next of kin or their guardian, if none then 3. the principal creditor, if none then 4. the commonwealth- a public administrator
Also only if a person dies leaving no next-of-kin does the estate "escheat" to the state.
If no executor fee is stated in the will does the state assign one?
Yes it is. Most people don't put a % for a fee for all the work the Executor/Executrix has done. It really should be put in a Will (I have it in mine.) In Canada you can charge from 1% to 5%, but if you go over 3 1/2% it may go to court first. Marcy
In the United States
Mineral rights are attached to and run with the real estate. Although equitable title to real property passes to heirs immediately upon death, generally, the estate must be probated in order for legal title to pass to the heirs. That means the heirs cannot legally sign a deed or contract to sell or lease mineral rights until the estate has been probated.
What is the definition of escheat?
Escheat is the legal process by which title to property reverts to the state when a decedent has no legal heirs to claim it.
Yes.
Why would an executor of an estate be revoked?
Failure to comply with the court's directives.
Embezzling the funds of the estate.
Resigning from the position.
What is an executor or trix in a will?
Executrix is an archaic form of the word executor that indicated a female estate representative. Modern cultures recognize there is no need to identify the gender of the estate representative. It serves no purpose. Therefore, executor is the correct term for either a male of female estate representative since it is their task that defines them and not their gender. The executor is the person or other entity such as a bank who is appointed by the probate court to settle an estate as provided in the decedent's will. The executor has sole power and responsibility over the estate but they are subject to state laws and the probate court.
The duties of the Executor are too broad to write them all in this forum and they vary from state to state. Briefly, the general duties are the following:
- Safeguard the assets, changing locks if necessary until the will is presented for probate
- Select the attorney who will handle the estate
- Submit the will for allowance and petition for appointment as executor
- Publish notice and notifies heirs at law and beneficiaries
- (Once appointed) Open an estate account if necessary
- Assemble, Inventory and take custody of assets
- Notify Social Security and insurance companies of the death
- Pay the debts of the estate according to statutory priority
- Administer the estate according to the provisions of the will and state law
- File the estate tax return
- Distribute the estate
- File the final account
Yes! Income in respect of a decedent must be included in the income of one of the following: * The decedent's estate, if the estate receives it; * The beneficiary, if the right to income is passed directly to the beneficiary and the beneficiary receives it; or * Any person to whom the estate properly distributes the right to receive it.
Do Last Wills and Testaments need to be recorded?
not under its probated
I do need a lawyer seeing I do not understand the questions asked in a will
so how does one find a NEEDED LAWYER?
In Ohio (I'm not sure of other jurisdictions), you don't "record" the will until the person whose will it is has died. You have the will witnessed & notarized when you sign it, and it's filed with the probate court when you die.
As far as finding an attorney - just search for attorneys who do probate law.
What is New york state revocable trust trustee fees?
I guess what ever is agreed upon that a court would find reasonable.
Do you have to register a quit cliam deed in the state of Michigan for the claim te be valid?
All deeds must be registered in order to be recognized. This is the act of putting 'others on notice' as to who owns the real estate.
How does inheritance get distributed when there is no will in place?
The executor would contact a lawyer to search out all next of kin. Their are specific distribution formulas for each state/province. Starts with the spouse and works down through children then brothers and sisters depending on who is alive. It is very important to have a will. It is very important to apoint an excecutor of your will and have him aware and named in the will.
What are your legal rights if youre subpoeanad for a probate deposition?
Obviously you are going to be questioned about something having to do with a Will or an Estate. You will be placed under oath, and must truthfully answer the questions that are put to you.
What are the duties of the executor of a will in Florida?
Preserve, inventory and value the estate is the first priority. Then execute the will or the intestacy laws with a full reporting to the probate court.
Do stepchildren have rights to the estate of their stepmother in Kentucky?
To some degree, this will depend upon how the will was written as well as the legal relationship between the stepchildren and the stepmother. If the stepmother officially adopted the stepchildren, then they have rights to the estate unless specifically denied them in a valid will. If the stepchildren were never officially adopted by the stepmother and the will does not provide for them, they may have no rights to the estate.
What are the laws in Indiana regarding probate?
See Indiana Code Title 29, Probate. Source: www.in.gov/legislative/ic/code29
How do you remove or terminate an executor or administrator of an estate?
The answer depends upon the laws of the state where the estate is. Every state has laws that give the grounds which serve as reasons to remove or terminate an acting executor. In New Jersey, an executor m ay be removed only for cause, such as, refusing to make an accounting if ordered by a court to do so; if he has embezzled, wasted or misappleied assets; if h e neglects to administer the estate; if he is no longer of sound mind, etc. The mere fact that the beneficiaries may not like the executor or even if there is some animosity between them is not a reason to remove the executor unles he does something harmful to the estate
Every state is a probate state. That makes sure all the debtors are satisfied and that the will is executed properly. It also makes sure the appropriate taxes are paid.
Under IRC 2032, the alternate valuation date in your example would be the date the assets were distributed to the beneficiaries. The AVD is the date that the property is "distributed, sold, exchanged, or otherwise disposed of within 6 months after the decedent's death" or if the property was not "distributed, sold, exchanged, or otherwise disposed of within 6 months after the decedent's death," the AVD is the 6 month date and the resulting value. Robin Rose Stiller, Esq. OSBA Certified Specialist, Estate Planning, Trust and Probate Law Smith and Condeni LLP 600 E. Granger Road, Second Floor Cleveland, OH 44131 (216) 771-1760 (voice) (216) 771-3387 (fax) (216) 574-2052 (direct dial) RobinS@smith-condeni.com IRS Circular 230 Disclaimer. In accordance with IRS Circular 230, the content of this communication or any attachment is not intended or written to be used, and it cannot be used for the preparation of a tax return, to avoid tax penalties, or to promote, market, or recommend any action. Confidentiality Notice. The information in this e-mail and any attachments is confidential and may be privileged or protected by other rules including, but not limited to, the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521. Access to this e-mail by anyone other than the addressee(s) is prohibited. If you are not the intended recipient, you are not authorized to and therefore must not disclose, copy, distribute, use or retain this or any part of this message. If you receive this message in error, please notify the sender immediately by reply e-mail or by telephone and delete this message and all attachments from any place where this information may be stored.
Unsure what you are asking about - but the proceedings of the probate court are public record - go the Clerk of the Court's office and ask to see the file of the proceedings. If the documents are not contained in the court files, it is unclear what you are looking for.
If he died before his stepfather, he will not receive anything. Whether his heirs get anything will be determined by the stepfather's will and executor and will not affect your work.
Do family members of a will have to sign off to the executor?
It is important to distinguish here between 'family members' and 'beneficiaries'. If the will leaves the estate to people who aren't family members, then no, those family members do not have to 'sign off' the will. If, however, family members are beneficiaries according to the will, then yes, the beneficiaries will have to sign a release once they have collected whatever amount has been left to them in the will.
It would be a lawsuit regarding a conflict arising from the probating of an estate.
