If a spouse dies does the sole heir have to file in probate?
Probate is the legal process of settling the estate of a deceased person, specifically resolving all claims and distributing the decedent's property under a valid will. Probate protects the instructions of the deceased, confirms the executor as the personal representative of the estate, protects the interests of family members who may have claims against the estate, and protects the executor against claims and law suits. Once a will has been probated by a court, everyone can rely on its authenticity.
In most countries you have to file for probate if the value of the estate exceeds a fixed amount - you need to ask a qualified legal adviser as to the requirements under your countries' laws.
Are Probation Officer allowed to say that a person isn't allowed to date?
This is a pretty BROAD question. If the person the probationer wants to date is a "known" criminal, or is a "bad influence" or associating with this person is in violation of the probation requirements then, yes, the PO probably CAN exercise authority over who the probationer associates with. Reminder: Your PO has a LOT of authority over whether you stay free or go to jail.
Who can enter into a new rental agreement if the old landlord dies?
Only the legal owner of the property can enter a binding rental agreement with the tenant. You would need to find out if the property was probated and whether legal title passed to a beneficiary or heir.
What is a letter of testimentary and letter of renumeration?
My mom passed away this year and we are trying to close out her accounts and they asked for a Letters of Testamentary...What and Where do I get a letters of Testamentary has a Trust and everything is in that...I'm confused...Please help
The real estate would pass according to the laws of intestacy to the heirs of the last surviving parent. An estate that owns real estate must be probated in order for the title to pass to the heirs.
What state did the decedent who died two years ago, die in? Any local probate attorney can answer your question. The heirs of the decedent who died two years ago may be eligible to claim the money.
If you received a notice of hearing how do you know what you have inherited?
Once the will has been filed for probate it becomes a public record. You can go the the probate court, request the file and read the will.
If there is a co-power of attorney do they have the same amount of power to make decisions?
That depends on how the initial Power of Attorney is drafted. It can be set up so they may act independently or so that they must each sign every document or check together. It should be discussed and analyzed ahead of time to avoid confusion.
Can I get my deceased mother's probate records?
You should be able to. If you were named in the will, when the will was probated, the attorney should have provided you with a copy.
If you did not receive a copy, contact the attorney who probated the will, and they should supply you with them.
If you can not get the attorney to supply you with a copy, then you can go to the Probate Court at the Government Office of the county in which it was filed and obtain one there. There may be a fee, but depending on how many pages it is will determine the cost.
What does probate court have to do in the reading of a last will?
There is no official reading of a last will required. The probate court has nothing to do with it.
Do I have rights to my step Dads estate with a will that states children shall inherit?
Generally in a Will the person leaving that Will specifies what children will be left monies, property or contents of the house. If it does say 'children' then yes, it will include you. If there should be any problem with this and you aren't involved in the Will according to any other siblings say in the matter you can contest the Will. It generally won't come to that because 95% of people are greedy and don't want a long drawn out legal battle on their hands and are willing to settle out of court.
Funeral Expenses and costs are determined by the funeral home providing the services not by the probate process. Funeral expenses should be paid promptly and if agreed, reimbursed later.
Does insurance money need to go to estate when deceased?
No, the insurance money goes to the beneficiary named in the policy. If the beneficiary is not named, or the estate is named, it will go into probate.
Can two children inherit the house and the other 3 be excluded?
Certainly, if that is how the will was written. The deceased gets to say who gets what. If there is no will, the state laws will determine how it is distributed.
Generally, either word will create a joint account. The balance of the account passes to the survivor and bypasses probate.
The estate is not settled until the final distribution is made. The heirs shouldn't sign off on the estate until they have received distribution of their shares. If the administrator tries to file a final account prior to distribution, thereby closing the estate, the heirs should object and notify the court that they haven't received there shares in the estate. Nothing should be left "up in the air" once an estate has been "settled". If there are issues remaining now that the estate had been closed you will need to consult with an attorney who can review your situation and explain your options.
What is statute of limitations on records of estate distribution?
Once a probate proceeding is filed in court the file will remain a public record forever.
Do you have to pay to get a certificate of probate?
There is a fee for the court certificate. The clerk can provide you with the appropriate forms and the fees necessary.
What happens if one beneficiary won't accept final account of estate?
They cannot hold things up. If they have a legitimate concern it must be expressed to the court. If they refuse to sign there is generally a procedure by which notice of the final account can be published. It just takes a little longer. You should consult with the attorney who is handling the estate or a clerk at the court.
They cannot hold things up. If they have a legitimate concern it must be expressed to the court. If they refuse to sign there is generally a procedure by which notice of the final account can be published. It just takes a little longer. You should consult with the attorney who is handling the estate or a clerk at the court.
They cannot hold things up. If they have a legitimate concern it must be expressed to the court. If they refuse to sign there is generally a procedure by which notice of the final account can be published. It just takes a little longer. You should consult with the attorney who is handling the estate or a clerk at the court.
They cannot hold things up. If they have a legitimate concern it must be expressed to the court. If they refuse to sign there is generally a procedure by which notice of the final account can be published. It just takes a little longer. You should consult with the attorney who is handling the estate or a clerk at the court.
Can an administrator for an estate be fired?
No. The parties of interest can file a motion with the court to have the administrator removed and a successor appointed. They should be prepared with evidence that the administrator has not performed their duties or caused some other type of problem.
No. The parties of interest can file a motion with the court to have the administrator removed and a successor appointed. They should be prepared with evidence that the administrator has not performed their duties or caused some other type of problem.
No. The parties of interest can file a motion with the court to have the administrator removed and a successor appointed. They should be prepared with evidence that the administrator has not performed their duties or caused some other type of problem.
No. The parties of interest can file a motion with the court to have the administrator removed and a successor appointed. They should be prepared with evidence that the administrator has not performed their duties or caused some other type of problem.
Sure, but the other person doesn't have to keep it and can sell their share either to the executor or to a third party.
Can you list home for sale and accept offer subject to probate?
This depends on several factors, being primarily a combination of the language of the applicable will (if any) and applicable probate code or laws. So the will (if any) and applicable probate code or laws must be examined.
In a traditional probate case under court supervision, the representative (executor or administrator) will normally be required to seek court authority to list property for sale and then if and when a contract that is acceptable comes in, to seek court approval to proceed with the sale, or an order can be entered that could allow both liting and sale without further order if a purchase price comes in within a specified price range. In this kind of probate case, it may be absolutely necessary to make the contract for sale contingent upon probate court approval (within an agreed amount of time), to protect the representative and the estate from a situation where a court disapproves a sale.
Most states also have one or another kind of "streamlined" probate procedure, sometimes called "summary" or "independent" administration, depending on other factors (although by law a will may still be able to prohibit it). Under this kind of administration, as long as the representative is acting within the standards set up by the code, then the representative may be able to proceed with a listhing and sale without court approval and simply report the sale to the court at the prescribed time. Even so the representative can usually still ask the court for instructions on a particular matter, in which case the court's decision governs.
Again, the will, if any, and applicable probate code and laws must be examined. There may be additional factors that mandate "supervised" administration of a particular property.