Probate

It would be a lawsuit regarding a conflict arising from the probating of an estate.

Court of Probate was created in 1857.

Yes, if the estate has any value, or any debts, it has to go through probate. The state has a vested interest in making sure the estate is properly distributed, as without a will, the default is the property goes to the state.

Go to public records in the county where she lived and look up her name to see if she recorded a will, most wills are recorded .

Don't do anything. The property left to you does not legally become yours until such time as the deceased's will has completed the probate process.

yes

It depends on the will and who is inheriting the money. A spouse can receive the entire estate with no taxes.

Yes, but the creditor must be familiar with the rules. There is a specific time after an estate is filed during which a creditor can make a claim. You must file proof of your claim at the probate court where the estate was filed. If you follow the rules, your claim will be paid prior to any distribution of estate assets to the beneficiaries.

There is no reason that they can't. They are responsible to maintain the estate. If the rent was below market value, they could actually be held liable for reducing the value of the estate.

This questions needs clarification as to whether the executor has a personal emergency or whether the estate has the emergency; whether the executor is or is not a beneficiary and whether or not we are talking about funds in the estate account or still in the decedent' personal account.

Yes. There is a lot of work and responsibility involved in being the executor of an estate. The one sibling/beneficiary who is appointed should not be reqired to work for the other beneficiary for free. In some cases the executor may not charge the statutory fee, however, they should not be expected to work for free. The executor fee should be paid from the estate. If one of two sibling is inheriting real estate then they should make a cash contribution equal to one-half of the executor's fee.

No.

You need to open an estate. This can be done at the court house and most of them can give you a complete set of the forms that need to be filled out. If all of the beneficiaries agree and are notified, the court will issue a letter of authority. A local probate attorney can be a big help in taking care of doing everything correctly.

No. Lawful "issue" are descendants including those more remote than children. A wife is a surviving spouse under the laws of intestacy. Both the surviving spouse and issue are legal next-of-kin.

It depends on the two state's laws. Generally, though, as long as the document execution meets the requirements for the state in which you are attempting to admit the documents into probate, then yes.

Some states have statutes that allow a will that is valid in the state of origin even if it is not valid in the state where the property is situated. For example, the requirements for a valid will that disinherits adult children are more stringent in Massachusetts than in Florida. However, Massachusetts law allows a foreign will as long as it is valid in the state of origin.

Legally you have six months from the date of grant of representation (probate) to contest a Will in England.

The executor cannot "renounce or disclaim" the inheritance of any beneficiary. That can only be done voluntarily by the person who decides to disclaim their own inheritance and there are certain forms that must be used, signed and filed with the estate.

The executor cannot "renounce or disclaim" the inheritance of any beneficiary. That can only be done voluntarily by the person who decides to disclaim their own inheritance and there are certain forms that must be used, signed and filed with the estate.

The executor cannot "renounce or disclaim" the inheritance of any beneficiary. That can only be done voluntarily by the person who decides to disclaim their own inheritance and there are certain forms that must be used, signed and filed with the estate.

The executor cannot "renounce or disclaim" the inheritance of any beneficiary. That can only be done voluntarily by the person who decides to disclaim their own inheritance and there are certain forms that must be used, signed and filed with the estate.

That is normally part of the process of settling an estate. The items have to be fully inventoried and assessed and sold at fair market value.

Then another person will need to be appointed such as an attorney.

Then another person will need to be appointed such as an attorney.

Then another person will need to be appointed such as an attorney.

Then another person will need to be appointed such as an attorney.

Yes.

The next of kin of the last surviving spouse would inherit under the laws of intestacy of the state where they lived. If the brother is not the only next of kin then someone needs to contact an attorney and initiate a probate proceeding. An estate must be probated in order for title to real property to pass to the heirs. You can check the laws of intestacy for your state at the link below.

Generally, jointly held property passes automatically to the surviving joint owner. It does not become a probate asset so it is not exposed to creditors. However, the situation changes if the creditor attached the property prior to the death of the debtor. Creditors can attach jointly held property while the debtor is living but if a creditor fails to attach prior to the death of the debtor then the property passes to the surviving joint tenant and the creditor is out of luck.

Assuming the testator of the will is deceased, the person's having need to know may file a request with the probate court for a copy of the Will. If the testator is not deceased, only they can make the contents of the will known, the executor would be acting on the behalf of the testator in matters of confidentiality and could not reveal the terms.

What I understand from just googling it is that a probate bond is a means of ensuring that the executor or administrator of an estate will administer the estate properly and not make off with the dead person's money. It ensures this by making the executor or administrator post a bond which I think is like getting insurance.

The executor/administrator (let's say "Dude") pays an "insurance premium" to the bond company ("insurance company,"), and if Dude messes up the estate, the bond company will then have to pay whoever was hurt, but can then come after Dude's butt to make him or her reimburse the bond company.

Also, I think Dude takes the insurance premium out of the estate itself, so that he/she doesn't have to pay it out of pocket.

Lastly, not everyone can be Dude, because a lot of people are rejected for having bad credit. That is to say, the bond company doesn't trust them not to steal stuff from the estate because their credit is so bad, and so won't insure them. This part doesn't make sense to me, because there's a big difference between being poor and being a crook, but hey, I didn't make the rules.