0
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
Is there anyway to keep your last will and testament from becoming public knowledge?
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.
She can't because the will does not become effective until the husband's death. While he is alive the will gives her no rights at all to property in his name.
When does a deceased's gift lapse and pass into the residuary of the estate?
A gift under a will lapses depending on the relationship between the decedent and the beneficiary who predeceased the decedent. Each state has its own laws defining the circumstances under which a gift lapses or does not lapse, so it is important to check that state's law. In New Jersey, unless the controlling instrument says otherwise, a gift lapses unless the beneficiary is a grandparent, step-child, or a lineal descendant of a grandparent of the decedent. Some states might not include a step-child in the anti-lapse provision. This is why it is so important that the state laws must be checked.
When your private mortgage holder dies how do you make payments?
You would continue making payments to the estate. Eventually, they will give you instructions on what must be done as far as finding another mortgage company or person to get a loan from.
Should a solicitor notify beneficiaries if an executor owes money to the estate?
Generally, an executor is in a fiduciary position and thus prohibited from using the assets of an estate for personal use. It should be reported to the court immediately.
Do parents of a deceased child have the same rights?
Both parents of a deceased child have an equal right of inheritance. If one parent had custody that parent has the right to make funeral arrangements but the other parent should be consulted if possible.
Does executor of a will has to find unknown property of testator?
The executor must make a reasonable and diligent search for property. They cannot be "required" to find unknown property. The heirs and relatives should assist by notifying the executor of any property they have knowledge of.
Can you sell a house under probate that is not registered at the land registry?
A property not registered with Land Registry can be sold once probate has been finalised. However, an application for first registration of the property will have to be lodged with Land Registry - in a normal transaction this is done by the legal representative of the purchaser(s). Further procedural information is given in our Public Guide 9 – What to do when a land owner dies
. Section 5 specifically deals with unregistered properties.
What happens if no one probates an estate?
The lack of a probate creates a cloud on the title. No one has legal title. The property cannot be sold or mortgaged until the title is cleared. The estate must be probated in order for legal title to pass to the heirs.
Absolutely not. A POA does not give the attorney in fact the power to give away the principal's property. A will only becomes operable upon a person's death. It is not "money in the bank" for the beneficiary. The owner of the property may use or need it before she dies. If the scenerio you described took place it would be stealing. If the owner wants you to have their property now they will gift it to you.
What recourse do benefiers have if the executor does not distribute the funds?
File a lawsuit against the executor for not following the law.
Does an executor have to honor a deathbed verbal bequest if the person is not named in the will?
Generally speaking, the will is the governing document. Your question, however, is one which should initially be referred to the estate's lawyer. If you are not satisfied with the response from the estate's lawyer, you should consult another lawyer.
Should a deceased belongings be distributed before going through probate?
No. No one has the right to distribute a decedent's property until they have been appointed by a court. A person's debts must be paid before any property is distributed to the heirs.
Can a daughter take goods before probate is granted?
The daughter is not authorized to remove property before probate. They can be charged with theft and the executor has the right to demand its return.
In Kentucky who inherits your estate if you die without a will?
If a person in Kentucky dies intestate then anyone who may be entitled to inherit the estate may apply through the courts of Kentucky to stake their claim within a certain time span and after that time the court then looks at the claims made and passes judgment as to who shall receive what when you click on the link which has also been provided for you below this brief answer you will be directed to a site where you can read the full procedures of dying intestate in the state of Kentucky
AnswerThere are various methods used in Kentucky for intestate distribution of property depending on the class of property, i.e., community real estate, inherited real estate, personal property and real estate affected by dower and curtesy. There are special provisions for children born out of wedlock and heirs of half-blood. To determine who would inherit certain property you must study Chapters 391 and 392 which may be examined at the link for Title XXXIV (Descent, Wills & Distribution) provided below.The first comment above addressed only judicial distribution made under the provisions of the various sub-sections of Title XXXVI.
The best way to legally protect yourself from heirs who voluntarily waive their birth right to an estate is to get this in writing. A lawyer should be contacted to assure the legal matters are handled accurately and agreed upon by all parties.
How do you find out information on lien holder laws in Georgia?
go to: www.state.ga.us find the state laws and look at the UCC section
Is a deceased witness to a will detrimental?
A deceased witness is not generally detrimental to a will. The will has to be witness, and that will be recorded at the time of the witnessing. There is no need for the witness to be alive when the maker of the will dies.
Mom passed away without will the condo was in your and her name does it have to go to probate?
Probate in your state may have a monetary limit in order to require probate. A local probate attorney can answer your question.
What is the importance and function of residuary clause in a will or other testamentary instrument?
There's an old saying about real estate: "the fee must always be someplace", meaning there must always be an identifiable owner.
A residuary clause is something like a "default" clause that if NOBODY else is to inherit property, it still goes SOMEPLACE.
In a will or any testamentary instrument, if the person making the will ("testator") or other instrument ("grantor" of a trust or other such instrument) dies and all the people who were supposed to inherit have already died, have no children of their own and the instrument is otherwise defective because it doesn't "shift" inheritances to other living people through a "per stirpes" or similar designation and there are no other heirs at law (parents, grandparents, siblings, etc.) and the will does not have a "residuary" clause saying who gets the estate almost like a "default" inheritor (it could be a charity and even if the specific charity no longer exists then a court could appoint an alternate charity), then it is possible the estate will "escheat" or default to the STATE and be lost forever!
AnswerA residuary clause is important because it controls the distribution of the residuary estate.A person's residuary estate is any property remaining after all debts, taxes, expenses, and specific bequests and devises have been fully satisfied. It may consist of property the testator owned and didn't devise under the provisions of the will, property that comes into the estate after the death of the testator such as insurance proceeds, refunds, court settlements, assets the testator forgot to include in the distribution, legacies that have lapsed or assets the testator may have acquired afterexecuting the will. It is a catch-all category that may include a considerable amount of property in many cases.
The residuary clause is important because it directs how the residuary estate will be distributed. If there is no residuary clause included in the will the residuary estate will pass to all the heirs at law as intestate property according to the state laws of intestacy as if there was no will.
Can a person who has been charged with a felony but not convicted be executor of and estate in NC?
Yes, a person who has been charged with a felony but not convicted of the crime can be the executor of an estate depending where that person is in the legal process. A person who has been charged with a felony is considered innocent until proven guilty.
What is the responsibility of a trustee in a living trust?
The responsibilities of any trustee are set forth in the trust instrument. A trust should always be drafted by an attorney who specializes in trust law and tax law and who will set the provisions of the trust to meet the needs of the trustor. The powers and responsibilities of the trustee(s) are set forth in the trust instrument and they have no other powers.
Yes, they have an obligation to continue to pay rent.
