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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
Who are the legal scholars for interpretation and construction of Wills?
The form for Last Will and Testament has evolved from the common law. The rules of construction are statutory. If a will requires "interpretation" that is done by a judge who will be guided by statutory provisions and judicial experience. For an example of Rules of Construction see the link provided below.
Can an executor borrow money to pay a debt of the estate until the property of the estate is sold?
Generally, the executor must petition for a license from the court to mortgage the property unless that power was granted in the will.
What is the burden of proof in probate court cases?
The person making the claim or contesting the willor objecting to the appointment has the burden of proving their claim by whatever evidence they can provide. If the evidence is insufficient they will lose.
Does all money taken out of estate account have to be tracked with a check or money order?
Briefly and generally: At the commencement of the probate process the court appointed estate representative must file an inventory with the court, listing all the property of the decedent. The debts of the decedent must be paid first then the costs of administering the estate. The remaining estate is then distributed to the heirs. The estate representative must file a final account that documents the disposition of the assets that were listed in the inventory.
Once a probate has been filed with the court the file is a public record. Anyone who is interested in the estate can visit the court and request the file. This allows heirs to track the process and review the filings. Since the process is all open to the public the estate representative would be wise to carefully document with check copies and receipts all the expenditures and distributions since any waste caused to the estate is their personal responsibility.
Generally, an agreement to make a will must be in writing. You would need written evidence signed by the decedent to prevail in such a claim. You should consult with an attorney in your area to determine what, if any, other evidence may be helpful.
Can an unpaid executor get paid for gasoline expenses?
As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.
As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.
As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.
As long as the executor has been duly appointed by the probate court they can charge the expenses associated with the handling of the estate to the estate and get reimbursed from any estate assets.
You have standing as a beneficiary and should have a copy of the trust. You have an equitable interest in the trust property and the trustee is responsible while he is in charge. If you suspect that the trustee is borrowing against the trust, take him to court. If he is not performing his duties according to law the court will remove him as trustee.
As a fiduciary the trustee is bound to do nothing that compromises anyone's rights under the trust. As a fiduciary the trustee has the obligation to grow the assets of the trust rather than waste them. If the trustee is making unsecured, no-interest loans to himself he is not making prudent decisions on behalf of the trust and is acting in conflict with the rights of the beneficiaries.
Not providing a copy of the trust to the primary beneficary is illegal in some areas and can be cause for removal of the trustee, and in some cases for termination of the trust.
What is the probate law in South Carolina on joint bank accounts?
there is only certain things that probate law covers and joint bank accounts are not one. Non-probate property includes, among other things, jointly owned bank accounts, life insurance and pension benefits.
Should a mother include her child on a certificate or deposit?
If the mother has absolute and unquestioned trust in the child's integrity and honor, then the mother could consider including the child as a signatory on the CD for convenience. if the mother's goal is to cause the CD to transfer to the child at mom's death, it could be put in a joint tenancy with right of survivorship. If mom has any reason not to trust her child, then absolutely not.
How do you probate an estate in pike county pa?
Your question is too broad. You can search the Pennsylvania Probate Code at the link below for what you want to know or you could seek the advice of an attorney in that area who specializes in probate.
What is statutory inventory in a will?
The court appointed executor must file an inventory of the estate with the court. Once the debts have been paid and the remaining estate has been distributed the executor must file a final account to show the disposition of the assets that were reported in the inventory. The court will compare the two documents and either allow the final account and close the case or ask the executor to provide more information.
What if the executor is not the legal spouse?
Generally, an executor doesn't need to be the "legal spouse".
Is withholding a persons will after dealth legal?
No. It is not legal. Any person who withholds a Last Will and testament from being submitted for probate may become subject to costs and damages suffered by the beneficiaries under that will. This issue is covered by state laws. An example of the law in Kansas is provided below.
- 59-618: Liability and effect of withholding will. Any person who has possession of the will of a testator dying a resident of this state, or has knowledge of such will and access to it for the purpose of probate, and knowingly withholds it from the district court having jurisdiction to probate it for more than six months after the death of the testator shall be liable for reasonable attorney fees, costs and all damages sustained by beneficiaries under the will who do not have possession of the will and are without knowledge of it and access to it. Such will may be admitted to probate as to any innocent beneficiary on petition for probate by any such beneficiary, if such petition is filed within 90 days after such beneficiary has knowledge of such will and access to it, except that the title of any purchaser in good faith, without knowledge of such will, to any property derived from the fiduciary, heirs, devisees or legatees of the decedent, shall not be defeated by the production of the will of such decedent and the petition for probate of the will after the expiration of six months from the death of the decedent
The provisions of this section as amended by this act shall apply retroactively to the withholding of a will of a testator.
History: L. 1939, ch. 180, § 54; L. 1943, ch. 213, § 2; L. 1972, ch. 215, § 2; L. 1976, ch. 242, § 6; L. 1985, ch. 191, § 9; July 1.
Can an executor to the will and as a trustee purchase the other trustee half?
A trustee doesn't have anything to buy or sell. If the property was left to the two, he can buy out the other party if they agree to it.
How long do you have to agree on a executor if no will exists?
If there is no will then there will be no executor. When a person dies intestate, or without a will, a qualified person must petition the probate court to be appointed the administrator of the estate. That should be done as soon as possible. You should seek the advice of an attorney who specializes in probate in your area.
You are out of luck if the estate was probated 10 years ago.
Yes because you need to transfer the property to be able to sell it.
If the person lacked capacity or was unduly influenced, the conveyance can be attacked. It'd be expensive, though.
Last month I became a beneficiary to an estate in Malaysia what type of Inheritance tax do I pay?
fiscal policy
A trust is managed according to the provisions set forth in the document that created the trust. A properly drafted trust should contain a provision that addresses the removal of a trustee and the appointment of a new trustee. A properly drafted trust will name a successor trustee in the event the trustee dies or resigns or must be removed. If there is no such provision in the trust document then a judge must make the change by a court order.
Most state laws require that some good cause be shown why a trustee should be removed. Such cause is shown if the trustee fails to operate the trust properly, fails to protect and invest the proceeds of the trust, engages in self-dealing with trust property, fails to obey court orders regarding operation of the trust and other actions which show the trustee is violating the fiduciary duty that all trustees owe to the beneficiaries. You should consult with an attorney who is familiar with trust law in your state who can review your situation and explain your options. Trustees have a duty to do what is best for the beneficiaries but always within the terms of the trust itself. Trustees do not take orders from beneficiaries.
If there is no will, the law normally splits the estate between the spouse and the natural children.
Can the executor disperse money to those persons in the Will without a lawyer?
The executor has no authority to access any accounts until they have been appointed by the court.
Once the executor has been appointed by the court they must settle the estate according to the provisions in the will and the state probate laws under the jurisdiction of the probate court. If the executor doesn't follow state laws they will be personally liable for any errors. One of the most important rules to follow is that the debts of the decedent must be paid before assets can be distributed to the heirs. An estate should be supervised by an attorney unless the executor is familiar with probate law.
Yes. If a will is filed for probate it will be in the probate records. There is no other depository for wills in the US. If the will was not filed in probate then it is not available unless a family member or some other person in possession of an unprobated will agrees to share it with you.
Can the executor sell property without all beneficiaries approval?
The answer depends on the laws of the state the probate is in, the terms of the will and the facts of the situation. First, what does the will say? It may say the executor has full power to sell in his/her discretion. In that case, the beneficiaries do not have to approve. If the will says nothing specific about a power of sale then look to the laws of the state. Every state has laws that spell out what executors can and cannot do. The laws of the state of probate might provide that an executor has to obtain a court order to sell the property. If it does, any of the beneficiaries might object to the sale when the executor applies for the order; however, the objector will have to prove the objections are valid.
Do term insurance policies have a double indemnity clause?
Some do, some do not, You just need to read your policy language or ask your insurance agent what kind of policy you bought.
