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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
When a testator dies and the named executor does not want the duty how does he find a new executor?
The appointment of a named executor or replacement of an executor for any reason is under the jurisdiction of the probate court. The named executor can file a Declination if they don't want to accept the appointment and the court will appoint an alternate. The person who wishes to relinquish the office after appointment as the executor must file a motion with the court to be relieved of that duty and the court will appoint a successor. If the executor dies or becomes incapacitated the court will appoint a successor. If there has been misconduct or breach of duty by the executor the beneficiaries may petition for removal and appointment of a successor.
Can mortgage company foreclose on an estate home in probate?
Yes, if the mortgage is in default.
Yes, if the mortgage is in default.
Yes, if the mortgage is in default.
Yes, if the mortgage is in default.
If both names on deed can spouse of deceased quit claim property to children?
In a situation where spouses hold property as joint tenants with right of survivorship, the death of one spouse makes the property belong wholly to the surviving spouse (subject to any mortgage or liens, etc.) Any owner of real property can quit claim their interest. So, yes. But a warranty deed (a regular deed) is a better way to go, especially when the property is being passed to more than one person, such as the case here. You want the deed to specify how the siblings hold the property, likely as tenants in common.
Can a beneficiary of an IRA name a successor beneficiary in the state of Colorado?
No. A beneficiary has no authority to name a beneficiary of another's property. Only the principal can name the beneficiary. Generally, if the primary beneficiary declines to accept the inheritance then the gift will lapse and the property will be included in the estate.
== == Ask to see the change of beneficiary forms. Verify signatures.
The real estate agent is the person who collects a commission on the sale of the real estate not the estate representative (executor/administrator). Generally a person who fills both roles, attorney for the estate and executor, can charge for both services.
How do you feel when a family member dies?
In general, people have a wide range of feelings when a family member dies. Depending on their relationship and experience with the decedent they may feel sadness, loss, guilt, relief, unburdened, released, free, glad, angry, abandoned, vulnerable, and probably many other emotions.
The executor is liable for any errors they make in paying debts or paying beneficiaries.
If there is a will does it have to be probated?
Yes, unless a "trust "was set up along with the will then this person will have to deal with the probate courts. Check out different trusts on-line or call a law firm, the fees are typically low. Good luck Yes, a will must go through probate. Probate is a way to insure that everything gets legally settled. Even with a trust, there can be debts that need to be settled legally to avoid future problems. If there are others, such as children from prior marriages, it can be important to take the legal steps.
Who has control of assets and property if single mother dies and there is no will?
No one has control until the court appoints an Administrator for the estate. Once appointed, the Administrator will be issued Letters of Administration. That document will privide the legal authority to take control of the property. You should contact an attorney who specializes in probate ASAP in order to commence a probate proceeding.
Can an heir take out a loan against an estate in probate if the other heirs object?
An heir to an estate that is in probate can receive an "advance" against his or her beneficial interest in the estate. Because the "advance" only affects that heir's share, it can be done without the consent of the other heirs. Most of these transactions are structured as purchase agreements, not interest bearing loans. The advances are also "non-recourse" meaning that if the heir does not inherit enough to pay off the advance, the heir has no legal responsibility to repay it.
What laws address theft of all estate property in the estate home prior to inventory for probate?
Criminal laws of theft, civil laws of conversion. In any case, any property taken from the estate home prior to inventory must be accounted for before the estate can be settled.
No it is not part of their estate, because once the person is dead the life insurance benefits belong to the designated benificiery.Who unless it is their spouse, is not responsible for the deceased debts.
Edit: Life insurance proceeds payable to the beneficiary(s) are not themselves subject to collection by the deceased person's debtors. However some contracts, agreements, and loans do include the right of the debtor to collect from the borrower's heirs. You or your attorney should examine the terms of the credit card agreements to determine this.
The face value of a life insurance policy itself on the other hand...if owned or controlled by the deceased person, for the benefit of their own estate or if no beneficiary is listed, or if the policy is gifted to someone else within 3 years before the decedent passed away... it IS included in the decedent's estate and subject to federal and possibly state estate taxes.
Yes. Until an executor is appointed by the court they have no power or authority. Once appointed they are obligated to settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. An executor who abuses their authority or fails to perform their duties with honesty, integrity and expediency should be reported to the court. They can be removed and replaced and are personally liable for any damages caused by their actions.
Qualified dividends allocable to the estate or beneficiary?
It depends on if it is a simple trust (all income must be distributed to the beneficiary(s)) or a complex trust which could be worded in any number of different ways. So essentially it can vary from trust to trust and you would need to have *your* trust read by your accountant or attorney in order to find out how the income is to be allocated.
My husband received an inheritance we live in Virginia if we divorce am I entittled to any of it?
It depends on the wording of the inheritance. If you are already divorced, no, you are not entitled to any of it. If you are in the process, it is an asset that will be divided.
If mineral rights are not passed on in deed what happens to them?
Unless it is stated in the deed that the mineral rights are reserved in some manner then any mineral rights not previously reserved pass to the grantee.
If you have any questions about mineral rights or you have mineral rights for sale please contact me and I will be glad to help. I have been a buyer of minerals or mineral rights for many years. See my bio page.
What are your legal rights as a grantee of a life estate?
You have the right to the use and possession of the property for the duration of your natural life subject to certain obligations on your part such as taxes, upkeep, maintenance, insurance and causing no waste or damage to the property. You should consult with an attorney who can review your situation and explain your obligations in your state.
Can someone with mental health issues contest executors decisions of probate?
That depends on the nature of the mental health issues. The person must have legal capacity. More specifically, at the moment when they sign it they must be mentally capable of understanding what they are doing and the consequences of that action. They must file the objection or complaint in writing with the court. The court may dispose of the matter quickly or inquire further into the capacity of the complainant. Some people with a mental illness may be considered to have legal capacity and it may be up to the court to make a determination. If there is a question the court may want to contact the person's doctor.
Creditors have a statutory period in which to file a claim against the estate. If the estate has already been "finalized" then that period must have passed and the creditor is too late. Check with the court.
Who is the personal representative of a deceased person with no will in the state of Ohio?
Whomever obtains the letter of authority from the probate court.
A personal promissory note ceases to be valid after the person has died. The law differs from state to state so it is best to check with the probate court or an estate attorney for details.
What does without bond mean in probate?
Without bond means that the administrator, executor or trustee is not required to acquire a surety (an insurance policy basically) to ensure faithful execution of fiduciary duties. This does not mean, however, that the court won't require you to sign a personal bond, it just means you won't have to pay for one up front.
No, it is not necessary or wise to distribute any copies of a will during the life of the testator. However, the executor should be informed of where the will can be found when the testator has died and the will must be probated.
Can a co-independent executor lease a property by themselves?
I am a joint executor of a property that has been left to me and my sister in our mothers will.
Are we qualified to rent out this property on lease, without the need to transfer ownership.
