Probate

No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.

No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.

No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.

No. They are required by law to settle an estate with expediency. If the executor, or co-executor, is delaying the distribution for no apparent reason they should be reported to the court. They can be replaced.

An appointed executor can decline the responsibility. The court will appoint someone else to serve in that capacity.

No, as Executor it is your brothers responsibility to settle your fathers taxes, funeral expenses and taxes. He then needs to divide up the remains of the estate as set out in your father's will. If he needs help from a law firm to do this then the law firm will need to be paid (out of the estate) before the heirs inherit.

As executor your brother can use any law firm he chooses to help him but as an heir it would be you right to ask to see your father will and the estate's accounts when you get paid out (assuming you are named as a heir in the will).

A legally married couple remains married until the marriage is dissolved by a divorce decree. If you are estranged from your husband and he dies you would be the surviving spouse and listed in the next of kin. If he died intestate you would be entitled take an intestate share of his estate as the surviving spouse according to your state laws of intestacy.

If he died and left a will that excludes you then in most states you can take a share of the estate under the Doctrine of Election. That share generally equals an intestate share. If you own any property by a survivorship deed his interest passed to you automatically and did not become part of his estate.

In addition, as the legal spouse you would be favored by the court to be appointed the executor. The "fiancee" has no legal rights whatsoever.

You can check the laws of intestacy for your state at the related question link provided below. You should consult with an attorney who specializes in probate law in your jurisdiction.

If it is to the benefit of the estate, yes. The executor has a responsibility to maximize the estate.

Generally yes if your dad dies intestate. In Texas the intestacy law is as follows (please note especially the bold sections): Sec. 38. PERSONS WHO TAKE UPON INTESTACY. (a) Intestate Leaving No Husband or Wife. Where any person, having title to any estate, real, personal or mixed, shall die intestate, leaving no husband or wife, it shall descend and pass in parcenary to his kindred, male and female, in the following course: 1. To his children and their descendants. 2. If there be no children nor their descendants, then to his father and mother, in equal portions. But if only the father or mother survive the intestate, then his estate shall be divided into two equal portions, one of which shall pass to such survivor, and the other half shall pass to the brothers and sisters of the deceased, and to their descendants; but if there be none such, then the whole estate shall be inherited by the surviving father or mother. 3. If there be neither father nor mother, then the whole of such estate shall pass to the brothers and sisters of the intestate, and to their descendants. 4. If there be none of the kindred aforesaid, then the inheritance shall be divided into two moieties, one of which shall go to the paternal and the other to the maternal kindred, in the following course: To the grandfather and grandmother in equal portions, but if only one of these be living, then the estate shall be divided into two equal parts, one of which shall go to such survivor, and the other shall go to the descendant or descendants of such deceased grandfather or grandmother. If there be no such descendants, then the whole estate shall be inherited by the surviving grandfather or grandmother. If there be no surviving grandfather or grandmother, then the whole of such estate shall go to their descendants, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants. ===(b) Intestate Leaving Husband or Wife.=== Where any person having title to any estate, real, personal or mixed, ===other than a community estate,=== shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows: 1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants. 2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate. Sec. 41. MATTERS AFFECTING AND NOT AFFECTING THE RIGHT TO INHERIT. (b) Heirs of Whole and Half Blood. In situations where the inheritance passes to the collateral kindred of the intestate, if part of such collateral be of the whole blood, and the other part be of the half blood only, of the intestate, each of those of half blood shall inherit only half so much as each of those of the whole blood; but if all be of the half blood, they shall have whole portions. Sec. 43. DETERMINATION OF PER CAPITA AND PER STIRPES DISTRIBUTION. When the intestate's children, descendants, brothers, sisters, uncles, aunts, or any other relatives of the deceased standing in the first or same degree alone come into the distribution upon intestacy, they shall take per capita, namely: by persons; and, when a part of them being dead and a part living, the descendants of those dead shall have right to distribution upon intestacy, such descendants shall inherit only such portion of said property as the parent through whom they inherit would be entitled to if alive. ===Sec. 45. COMMUNITY ESTATE.=== (a) On the intestate death of one of the spouses to a marriage, the community property estate of the deceased spouse passes to the surviving spouse if: (1) no child or other descendant of the deceased spouse survives the deceased spouse; or (2) all surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse. (b) On the intestate death of one of the spouses to a marriage, ===if a child or other descendant of the deceased spouse survives the deceased spouse and the child or descendant is not a child or descendant of the surviving spouse, one-half of the community estate is retained by the surviving spouse and the other one-half passes to the children or descendants of the deceased spouse.=== The descendants shall inherit only such portion of said property to which they would be entitled under Section 43 of this code. In every case, the community estate passes charged with the debts against it.

A Power Of Attorney (POA) is only vallid while the person who gave the power (principle) is alive. Once the principle is deceased, the POA is invalid and you may no longer act as attorney-in-fact. In order to transact business for a person who is deceased, you need to be appointed as the executor. There are sometimes certain transactions that automatically occur by operation of law, such as pay on death accounts and joint tenancy.

You will need to see an attorney to determine the answer to this question. It will be entirely dependent on the state law in the state where your father resided before his death. When you visit with the attorney, you should take a list of your father's living and dead relatives including spouse, children, and parents. It is helpful if you mark the ones who are deceased in some way. In addition, if you know what assetts he owned and where they are held (bank, insurance, stock broker etc.) make a list of that also. Since his debts must be cleared, you should make a list of the debts of which you are aware. Finally, if you father died by any means other than old age, you should be prepared to relate the circumstances to the attorney.

No, neither a holographic will or codicil should be notarized, have anyone's signature other than the testator, and can not have any mechanical printed parts.

POD's can only be revised or revoked by the person who initiated the action. In order to overide a POD it would have to be proven that it was fraudulent. For example, the person was legally incompetent at the time it was made. POD accounts are sometimes "frozen" if there is estate tax owed.

to the parents they are blood related to, or adopted, otherwise they must make them an heir by including them in their will.

You can't. The funds are the property of the surviving joint owner.

You can't. The funds are the property of the surviving joint owner.

You can't. The funds are the property of the surviving joint owner.

You can't. The funds are the property of the surviving joint owner.

No. You must be a court appointed fiduciary.

A person who dies without a will is said to have died "intestate". Most locations have legal provisions specifying the proper distribution of the assets of those dying intestate, anyone who believes they have a legal right to a portion of the estate based on those provisions can file a claim.

It will depend on the specific trust. Many have a clause or two about when the trust can be closed.

The executor should contact the insurance company and notify it of the death of the owner of the policy.

The estate is responsible for the fees. So, yes, he can collect his money from the estate.

It would be a good idea to provide a basic understanding. The lawyers should help them with knowing the proper processes and responsibilities.

You must petition the court to have them removed and replaced and provide a good reason for the court to take that action.

You must petition the court to have them removed and replaced and provide a good reason for the court to take that action.

You must petition the court to have them removed and replaced and provide a good reason for the court to take that action.

You must petition the court to have them removed and replaced and provide a good reason for the court to take that action.

In New York State, probate matters are generally handled by the Surrogate's Court. The Surrogate's Court in Erie County is located at Erie County Hall in Buffalo. For contact information and related court resources, see the related link.

Generally yes. A life estate must be released by the written consent of the holder. However, life estates are governed by state laws and they vary from state to state. If the life tenant is causing waste or causing damage to the property you should discuss the situation with an attorney.

yes

If you own property at the time of your death the will must be probated and your estate becomes a public record. There is no way you can change that process. It is the law. If you have no will (intestate) and you own property at the time of your death your estate must be probated. The court will appoint an administrator and your estate will become part of the public record. The only way to keep your business private is to do some careful estate planning so that you own no property in your own name at the time of your death. Perhaps you should discuss it with an attorney who specializes in estate planning.

If you own property at the time of your death the will must be probated and your estate becomes a public record. There is no way you can change that process. It is the law. If you have no will (intestate) and you own property at the time of your death your estate must be probated. The court will appoint an administrator and your estate will become part of the public record. The only way to keep your business private is to do some careful estate planning so that you own no property in your own name at the time of your death. Perhaps you should discuss it with an attorney who specializes in estate planning.

If you own property at the time of your death the will must be probated and your estate becomes a public record. There is no way you can change that process. It is the law. If you have no will (intestate) and you own property at the time of your death your estate must be probated. The court will appoint an administrator and your estate will become part of the public record. The only way to keep your business private is to do some careful estate planning so that you own no property in your own name at the time of your death. Perhaps you should discuss it with an attorney who specializes in estate planning.

If you own property at the time of your death the will must be probated and your estate becomes a public record. There is no way you can change that process. It is the law. If you have no will (intestate) and you own property at the time of your death your estate must be probated. The court will appoint an administrator and your estate will become part of the public record. The only way to keep your business private is to do some careful estate planning so that you own no property in your own name at the time of your death. Perhaps you should discuss it with an attorney who specializes in estate planning.

For the signature to be valid, there should be a annotation as such. Most legal documents require a copy of the letter of authority to be filed with it.