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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
Are US life insurance policies taxable?
As a general rule, life insurance policies in the US are not taxable. However it is taxable if it is combined with a non-refund life annuity.
How does probate handle the sale of a home?
If the person who owned the home is now deceased, that person's estate must be probated before the home can be sold. Probate is what authorizes someone representing the estate of the deceased person to sell the home.
Does a car have to become part of probate?
Some sort of probate document is going to be required in order to transfer title. If the car is the only thing in the estate, some jurisdictions have a simple form that can be filled out and submitted to get the courts permission to sell it.
How can survivors of a deceased parent obtain the deceased's assets?
The parents' estates must be probated in order for the assets to pass to the heirs legally. You need to consult with an attorney who specializes in probate law in your jurisdiction.
If person dies intestate can their property be left to one child discounting other children?
No, intestate property cannot be given to one heir because when a person dies intestate, or without leaving a will, his property is distributed according to the laws of intestacy in the state where he lived. The distribution can only be made by a court appointed Adminstrator. When there is no will, a decedent's property is owned automatically by all the heirs equally. The Administrator has no authority nor power to redistribute the property except by state laws of intestate distribution.
Does life insurance still go through probate if your name is the beneficiary in NH?
That is the beauty of life insurance~! With a properly named beneficiary there are no taxes and it avoids probate!
How much is 3 quarters of a million dollars?
$750,000 is three quarters, 500,000 is a half, 250,000 is a quarter.
Absolutely yes. Better pay up.
What rights do you have for your fathers remains versus your stepmother?
A surviving spouse would be next of kin in that case. A surviving spouse would be favored if the matter was brought before the court.
Yes, if the property was owned by the decedent and the Will provides that it be sold. In that case, the executor must carry out the provisions in the Will unless the provision is changed by a court order. It is assumed that there are other heirs besides the ones who paid the taxes on that property. The heirs who paid the taxes can file a claim against the estate for the amount they paid in taxes and they can offer to buy the property from the estate if they wish to keep it. They should speak with the attorney who is handling the estate.
Is deed of variation to change will apportionment allowed under state law in US?
A "deed of variation to change a will" is generally not part of the probate codes in the United States. Many states have methods by which a beneficiary can decline their legacy or assign it to someone else but generally the last will and testament of a testator is carried out according to the instructions set forth in the will.
Can a personal representative refuse an heir access to property?
The court appointed estate representative has authority over the estate. It is their duty to collect and protect the assets, pay the debts and distribute the remaining assets according to the state laws. In order to perform their duties according to the law they may need to deny one or several of the heirs access to the property especially if they may remove property for which the estate representative is responsible. The situation should be discussed among the rep and the heirs. Perhaps they could work together.
Can a convicted felon contest their father's Will in court?
Yes. However, they must convince the court that there exists a material defect in the will such as undue influence or legal incapacity. Being unhappy about the distribution of the estate is not a valid reason to contest the Will. A parent has the right to distribute their property as they see fit or to disinherit a child as long as the Will has been properly drafted. They can file an objection to the Will in the court where the petition for probate was filed. The objection must be made in a timely manner and the date by which it must be filed will be stated in the notice from the court once the Will has been filed for allowance.
If the person thinks they have a valid claim they should consult with an attorney who specializes in probate law who can review the Will and explain the options. Or, they can simply file an objection within the time allowed and then explain the objection to the judge.
Get a lawyer and sue to "Partition to sell" said property.
That depends on more details. If the estate is closed the property is owned by the beneficiaries or next of kin depending on the type of probate proceeding. If the estate is not closed yet then the estate fiduciary would still have some or all of the control over the property. You can provide more details on the discussion page.
If someone inherits property while married is it considered maritial assets?
Marital property refers to most of the property acquired by spouses during their marriage. However, states vary as to what is considered marital property. Some states exclude inherited property and gifts. You need to check the laws in your jurisdiction.
What is the role of the prosecuting attorney in probate court?
There is no prosecuting attorney in probate court as that term (prosecuting attorney) is commonly used. The common usage is that the prosecuting attorney is a government lawyer prosecuting violations of the criminal laws. The probate court is for civil matters involving estates only.
Can the heirs to a real estate irrevocable trust be decreased from 5 to 3?
no, only by the grantor or in case of the grantee's death
Their shouldn't be a conflict of interest as long as the executor maintains detailed records and settles the estate according to the terms of the will and the state probate laws. As long as the executor doesn't do anything that's questionable (regarding the principal under the POA) there shouldn't be a problem. On the other hand and if possible, in the matters of the estate the principal could sign any court documents for themselves rather than having them signed by the attorney-in-fact under the POA. That would remove the possibility of doubt.
Can you file a motion to get a executor of the estate removed if they are abusing there power?
Yes. Be prepared to show proof or evidence of the abuse and have reliable witnesses. State your complaints to the court clearly and in a business like manner.
Has IL adopted the Uniform Probate Act?
IL has not adopted the Uniformed Probate Code (UPC). Estates (Chapter 755) and Trust & Fiduciaries (Title 30) are comparable to the UPC and is what IL follows.
What makes a holographic codicil valid in Louisiana?
Holographic testament.
A. A holographic testament is one entirely written, dated, and signed in the handwriting of the testator. Although the date may appear anywhere in the testament, the testator must sign the testament at the end of the testament. If anything is written by the testator after their signature, the testament shall not be invalid and such writing may be considered by the court, in its discretion, as part of the testament. The holographic testament is subject to no other requirement as to form. The date is sufficiently indicated if the day, month, and year are reasonably ascertainable from information in the testament, as clarified by extrinsic evidence, if necessary.
B. Additions and deletions on the testament may be given effect only if made by the hand of the testator. See link below:
When would one obtain a probate loan?
One can obtain a probate loan if he or she is expecting an inheritance. The heirs can ask for money in advance which can be deducted from the amount of inherited assets. The probate attorney will see to it that the heirs get this probate loan.
Can a executor remove property to a different state that was willed to other beneficiaries?
Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.
Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.
Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.
Absolutely not. That would be considered larceny. Any such act should be reported to the probate court immediately as well as to the police.
