Probate

Yes, they have an obligation to continue to pay rent.

That is part of their responsibility, to notify the heirs. They have to show the court they have made very effort to do so.

The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.

The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.

The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.

The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling.

Answer: It is important to seek legal advice from an attorney at a well known law firm who is an expert in trust law in your state if you are thinking of transferring property into a trust. Trust laws vary from state to state so a trust that's valid in one state may not be valid in another. Also there are many professionals who offer trust services then draft an invalid trust. Accountants are some of the worst drafters of trusts. An invalid trust will cause problems when the trustor dies and thought she had removed certain property from her estate to avoid probate and taxes. One of the most common errors made in drafting trusts is to name the same person as the trustor, trustee and beneficiary then direct how the trust property will be distributed after the death of the trustor. In that case, In Massachusetts, no trust will be created and the property remains in the trustor's estate since he has retained complete control over it. The attorney or accountant who drafted the invalid trust was paid a large fee to carry out the estate planning and then years later it turns out that the plan failed. The drafter is no longer in practice. Now there would be probate costs, tax consequences and possibly additional costs involved in transferring the property out of the faulty trust. Be careful with trusts.

Answer: You must file a Petition to be appointed Administrator of his estate at the Probate court where he lived. The court will provide further instructions.

The co-administrator of an estate has as much equal access to the estate as the administrator. If property or the estate needs to be divided, the parties will need to agree.

As executor you are responsible for collecting in the estate, applying for probate (if necessary) paying of any debts and dsitributing the assets according to the wishes in the Will.

Make sure you are happy to complete the whole process from start to finish. If NOT do not start the process. Once you start to act you are not allowed to stop. Visit http://www.iwc-ltd.co.uk/executors-duties.html for more details.

They should be reported to the court immediately. The court can replace an executor who fails to perform their duties responsibly.

Go to the court house for your county. They can provide you with a set of the appropriate paperwork. It would be advisable to consult with an attorney, but you can do it yourself.

The executor has a great deal of leeway in settling all debts. He has to come up with assets to clean up the debts before distribution.

The executor can file a resignation with the court and you would petition for appointment as the successor.

Yes you can. The process is known as a partition action. If you as one of several co-owners of real estate or a business want to sell it but the other owners refuse, you can file a lawsuit in court to force the sale. The property or business interest will be sold one way or another, either by some owners buying you out or selling the property or business on the open market either by a private sale or by auction in order to maximize the price. The court will usually give the parties time to work things out among themselves. If no agreement on a buy-out value can be reached, the court will do one of two things. It may order that the property or business be put up for auction and be sold to the highest bidder, whether bidding is limited to the owners or exposed to the open market. Or there could be a trial on the value of the interest with the court deciding the value and directing that the owners who do not want to sell, pay you the appropriate percentage of the value as determined by the court. No person may be forced to co-own property with others. This is why the partition action is an equitable remedy for persons who want to sell but are not able to because of the actions of the other owners.

The Will must be submitted to the probate court and the court must appoint the executor. The executor does not have the authority to appoint guardians over children or property. Generally, the court will direct that money left to children must be deposited in trust for the children until they reach eighteen years of age. If the children inherit real property the court must appoint a guardian who can manage the property on behalf of the children until they reach eighteen.

There is no executor if there is no will. An executor is appointed by the court to carry out the provisions in a will once the will has been approved by the court. When there is no will an Administrator must be appointed.

A qualified family member must petition the probate court to be appointed the Administrator of the estate. You should consult with an attorney who specializes in probate law or inquire directly at the probate court.

Yes.

The Civil Code of Quebec does not confer any legal status on common law partners. When one dies the other is not considered an heir at law. If the spouses wish each other to be heirs they must each have a will carefully drafted by an attorney naming the other as beneficiary.

Your father had the right to leave his property to his common law wife by his will. If there was no will then his children would be his heirs. You can get more information at the links provided below.

It's the amount the widow needs for support for a year and is payable from the residual estate of the decedent (assets not specifically bequeathed).

If your father transferred his property to a trust and the trust is valid then the property isn't part of his estate. The language in the trust instrument should control this situation. If the original trustee died the trust instrument should provide instructions for appointing a successor trustee. If there are no provisions for appointing a new trustee then the court would need to appoint one. The will should be examined for any provisions regarding the trust. You should speak with an attorney who specializes in probate.

If he has no spouse, yes.

Upon the death of the testator the person who was appointed executor in the will, if living and available, should secure the property and choose an attorney to carry out the probate of the estate. She must take the will to the attorney so a petition can be presented to have the will allowed and have the executor appointed by the court. Until the executor is court appointed no one has the power to do anything with the estate. If the named executor is not available then any family member or beneficiary may contact an attorney to commence the probate of the estate.

There's some wiggle-room in estates, depending on whether the executor needs to file the will. For example, a living spouse may choose not to file the will with the probate court.

However, if the Executor must file the will, more rules apply. In most situations within families, the Executor allows children (minors and adult children) to remove the child's own possessions and a few keepsake type items, especially if the executor is aware that the deceased wanted a certain child to have something in particular.

BUT, the Executor is also responsible to the Court once a Will is filed for probate. The executor has the responsibility to "oversee" the contents and arrange for / take an inventory. Anything in the house, NOT owned by the children, should be listed in the inventory. The executor/executrix also 'advertises' for debtors/creditors to submit their bills or money due, and is responsible for listing each debt, who is owed, who was paid, and all monies due to the estate. The total of debts after being paid is subtracted from the total estate's "worth". Every cent / dollar must be listed in the accounting. From the balance, the executor/executrix I believe can take a small fee for doing the job; ask at the Clerk of Courts for the exact amount allowed.

After the sale of real property and personal property, then the remainder of the estate (in dollars/cents) is divided per the will's instructions.

If you are unsure whether you are mandated to file the Will, or unsure of how the estate's personal property is to be "divided" per the will and at what point it should be divided -- and how to calculate an "equal" division -- I urge you to consult an attorney. Internet websites cannot give legal advice, nor do we know your State's laws.

An executor can only sell the property in the estate. If it is in the estate, it does not belong to you.

A joint bank account belongs to the surviving owner.

Your son had the right to name a beneficiary of his choosing for his 401K. Since it will bypass probate, there is no way for you to protest it unless you hire an attorney and try to bring a suit to a court of equity. It is unlikely that your suit would succeed.

Any interest that was earned from the estate over that time will be included in the payout. The trustees will have invested the money and the interest accumulated.