Probate

Yes, you can have the court issue a subpoena in a probate case. The procedure for issueing subpoenas vary from court to court across the United States and may even vary within a state from court to court. If you wish to issue a subpoena, you should check with the local Rules of Civil Procedure for the court handling the probate.

Yes, the IRS is very concerned with probate. The estate will need to file tax returns and pay the appropriate taxes.

There is no exact dollar amount that must be probated. The dollar amount will vary from case to case with the IRS.

You can search for Florida court records for free and see the party names, document type, date, and instrument number - but there is a fee to have any documents you find delivered to you. This is done at the at the first related link below, which is the official statewide record search. It includes probate documents.

However, you may be able to find free probate records for an individual county at the second related link below. Just scroll down to your county and see what types of court records are available in that county. Some Florida counties do have free sites for probate records.

In the event of your death whilst owing money to your creditor and when you leave an estate then the first thing to be sorted out from the estate are your debts which you owe at the time of your death and for the executor of your will to ensure that any monies owed to you by a third party is also collected in as your estate consists of your entire assests at the time of your death once all of your debts and monies owed to you are collected and paid out and what is left is then permitted and only then to be shared amongst the beneficiaries but your creditor is not permitted to take the private pension of your spouse in order to recover your debt unless your spouse also signed as the guarantor at the time the credit was was agreed and paid to you in which case a judgment must be granted by the court in their favour against your spouse before they are permitted to claim or to arrange deductions directly from your spouses private pension

Or if you meant to ask if your spouses creditor is permitted to claim your spouses private pension upon theur death then again the answer is no as they get paid from the contents of your spouses estate before you or any beneficiaries are given your share and their estate consists of all of your spouses assets at the time of their death and a pension scheme is paid in installments weekly or monthly and therefore the money from their private pension does not count as part of their estate as the money in the pension is not yet at that point of the estate being worked out yet an asset nor part of the estate .

Probate is strictly governed by state law. In order for the title to real estate to pass to the heirs the estate must be probated. Generally, the value of the property less the amount of the balance due on the mortgage will be included in the inventory. There will be a notice of the death published in the local newspaper. The creditors of the decedent need to be notified of the death. The property is subject to the mortgage and if the mortgage isn't paid the bank will foreclose. You may need to negotiate with the bank to refinance the mortgage.

You should consult with an attorney who specializes in probate.

Usually the mortage is set up as a survivors deed. This means that if one person dies, the spouce receives the deed in their own name.

If this is not the case and the house wasn't willed to the other spouse, then it will have to be taken up in Probate Court.

They will have a letter of authorization from the probate court. This should enable them to provide the signatures for the sale. Many jurisdictions have a special format for small estates that include only a vehicle and few other assets.

First, your father's estate must be probated in order for title to the real estate to pass to you legally. Then, if you want to keep the home you must pay the back taxes and catch up on the mortgage payments if there is a default. You should discuss the situation with the lender and see if you can negotiate any assistance to enable you to catch up.

You should also contact your town offices to ask if there is any agency that could provide you with counseling and assistance with this problem.

You need to discuss the situation with an attorney. A person must be missing for a number of years before they can be declared dead by a court order. Then, their estate would need to be probated.

A beneficiary is the person to whom the proceeds of a bank account will be paid in case of the demise of the account holder. In case of a joint account holder, there will be legal heirs or immediate family members of both account holders. So in the case where either or both of the joint account holders are dead, the bank will be in a fix as to whose family needs to be paid the money that is held in the account. In such a situation the presence of a nominee or beneficiary will be useful to decide who gets the money.

Inherited property, if kept separate, does not generally become community property. However, community property laws differ so you should consult with the attorney who is handling the estate for advice if the state where the estate is being probated is also your home state.

Yes.

Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.

Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.

Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.

Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.

You and your lawyer must examine the will. If there was no will, no one is entitled to inherit anything. But if this is the case and your mother is dead you can buy the house.

In most counties in Georgia, you have to visit the Probate Court to view records. Only Bibb, Cobb, and Whitfield counties have searchable probate records online. The first related source below has links to these; look for "Probate Court Documents" or "Probate Court Records" under each county, and click the blue link.

Use the second related source to find the address and phone numbers of your local Probate Court; just select your county and you'll see a list of all courts in that county, with their contact info and links to their websites.

The executor is required to execute the terms of the Will, or follow the laws of intestacy (if there was no Will), not comply with the wishes of the heirs.

No, an executor cannot sell the estate home without the signatures of all involved. This isn't legal or possible in New Jersey.

I have been the executor of my mothers money, I pay her nursing home bills with it, she just died and i have 200,000 dollars left, do I have to pay tax on that money.

No. State laws govern Wills in the United States.

Yes, all wills regardless of the state must go through probate. That makes sure all of the legal requirements are met and taxes paid.

Generally, no. The trustee is the only person who has the right to act for the trust unless the trust document states otherwise. The beneficiaries names should not be on the trust account. Managing the account is the responsibility of the trustee.

With the permission of the court, certainly. And you can't get out of probate until something is done with the house.

Yes, it does, but the nature of the business entity will determine how the business is run after death. If a business is a sole proprietorship, the executor has the sole authority to run the business during administration of the estate. Generally, the executor tries to wind the business down, sell it or transfer it to the beneficiaries. The executor would be wise to consult the beneficiaries as to their intentions. If the business is a partnership, generally, the death of the partner automatically dissolves the partnership and the executor has no authority to operate the business. In this case, you have to look to the contract that created the partnership to see how the business is to be disposed upon the death of one partner. The partnership agreement might provide that the business simply goes to the surviving partner, in which case the business is not part of the estate. The agreement might dissolve the partnership, leaving the other partner in full charge of operation, but giving the estate a financial interest in some percentage of the value of the as of the date of death. Sometimes there is a fixed payout amount. Sometimes the business has to be appraised to determine its value. If the business is a corporation in which the decedent's ownership interest is determined by ownership of shares of stock, the business does not become part of the estate in the sense that the executor has automatic power to run it, but the stock certificates are part of the estate. You have to look to the incorporating papers or by-laws of the corporation to see if they provide for the appointment of other persons as corporate officers to operate the business on the death of this owner and follow those procedures. The executor might or might not be the one to replace the decedent in order to keep the business going. There are other types of business organizations, such as Subchapter S corporations, Limited Liability Companies, Limited Partnerships and others depending on individual state laws. The laws governing all business organizations and the documents organizing those businesses will determine the actual treatment of each business.

There are benefits and detriments to everything, and appointing a bank as an executor is no different. Appointing a bank is only beneficial if it is a substantially large estate. In fact, most banks will refuse to become the executor, even if named in the will as the executor, if the estate does not consist of certain minimum amounts it fixes. Benefits flow mainly from the financial expertise they have in handling large sums of money and investing them while the estate is being administered so as to obtain the best rate of return. Another benefit is that it takes administration of the estate out of the hands of a single family member where jealousies or other family issues might cause losses, delays and other problems.