answersLogoWhite

0

🏘

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

Can someone move a grave marker that was put there by family of the loved one if he's in charge of the estate?

Perhaps. You need to review the Will to determine if authority over the burial was given to the executor of the estate. The executor must be appointed by the court in order to exercise any authority granted in the Will.

If there was no will or if burial was not mentioned in the Will then you should consult with an attorney who specializes in probate in your jurisdiction.

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.

Will probation end if someone flees?

Your sentence didn't end. Your sentence WAS probation and you escaped it. You NEVER completed your sentence. Sort of like escaping from jail and running away. The best thing for you to do would be to contact the court that sentenced you and determine how best to address this because, like it or not, this WILL come back to bite you - usually when you least expect it AND at the worst possible time. Free advice!

Which court handles probate in Oregon?

In most Oregon counties, Circuit Court handles probate matters. In Gilliam, Grant, Harney, Malheur, Sherman, and Wheeler Counties, the County Court handles probate. Morrow County also has a County Court, but it only handles juvenile matters. Contact information for all OR courts is at the related link, below.

Can the executor distribute money to two beneficiaries instead of three as the will states?

Not without breaching their duty to the estate. There are ways they can do that, one of them is if the third person declines to receive their share.

What is the remedy when an executor withholds property?

A court appointed executor must settle the estate with as much expediency as possible. When the executor acts in an unreasonable manner a complaint an be filed with the court. The court will hear the evidence and if it decides the executor is not performing their duties appropriately it can issue a court order to compel the executor to act. If the neglect continues the beneficiaries can request the executor be removed and a successor appointed.

You should speak with the attorney who is handling the estate.

How long does take to probate a will in Ms?

It will depend on the complexity of the will. In most cases it will take about a year to clear everything up. If the records are good, it could be shorter.

How can you take possession of your parents property from a sibling when you have been living at that resident and the other sibling lives in another state?

The only way you can "take possession" of property is by being the legal owner.

If your parents are deceased then the estate of the last living parent must be probated in order for legal title to pass to the heirs. Title will pass according to the Will if the parent died testate. It will pass according to the laws of intestacy in your jurisdiction if there was no Will. If there was no Will, you may need to buy your siblings interest in the property if you want to become the sole owner. When a parent dies without a Will (intestate) their property passes according to law to all legal heirs regardless of where they live.

You need to consult with an attorney who specializes in probate law in your jurisdiction who can review your situation, review the title to your parents' property and explain your rights and options.

You can check the laws of intestacy in your jurisdiction at the related question link.

What are the advantages of having a will?

Having a will, properly made and witnessed, means that your property goes where you'd prefer it to go after your death and, given care, means your family and friends will not fight over what you leave. You can simplify things by making gifts of various property to others prior to your death; these gifts are difficult to challenge provided you're considered to be of sound mind at the time of giving.

What happens to the administrator of an estate with creditors?

The Administrator must file the proper notices that the estate has been filed to give the creditors the opportunity to file claims against the estate. The estate is responsible for the debts of the deceased. Claims by creditors must be paid before any assets can be distributed to the heirs-at-law. There is a statutory schedule by which creditors must be paid. If there are not enough assets to pay the creditors the estate is declared insolvent. The adminstration of an estate is a legal process that must be done according to the law. If the appointed Administrator doesn't know how to carry out their duties according to the law they should hire an attorney to supervise the probate process. Distribution of assets before creditors are paid can leave the Administrator exposed to personal liability.

What happens if husband dies and leaves the house in his sole name to children of a previous marriage and nothing to the wife?

The next of kin (i.e surviving spouse) must apply for Probate. Under English Law if the person who died did not make a will then the deceased died intestate as such the surviving spouse is only entitled to receive part of the estate. Please see Probate help below for more details

If a beneficiary dies two weeks after receiving an inheritance is the inheritance included in her estate?

In this specific case, yes, but it can vary. If it can be proven that the daughter had lived only seconds longer than the mother the estate would go to daughter's and thence to her heirs. In this case, two weeks, it would become part of the daughter's estate. However this can have a devastating effect on the estate, subjecting it to inheritance taxes twice, or Generation Skipping Tax. The Uniform Simultaneous Death Act provides that if two individuals have died within 120 hours, each is considered to have pre-deceased the other. About half the states have enacted this either explicitly or by adopting the Uniform Probate Code. http://en.wikipedia.org/wiki/Simultaneous_death A will can specify a longer time for simultaneous death to be considered.

What agreements are contract?

A contract is a legally enforceable agreementbetween two or more parties with mutual obligations. The remedy at law for breach of contract is "damages" or monetary compensation. In equity, the remedy can be specific performance of the contract or an injunction. Both remedies award the damaged party the "benefit of the bargain" or expectation damages, which are greater than mere reliance damages, as in promissory estoppel.

Is a remainderman of a life estate entitled to receive the will in which he is named?

An estate that has real estate must be probated in order for title to pass legally. Once the will has been filed for probate it becomes a public record and you can visit the court and obtain a copy.

An estate that has real estate must be probated in order for title to pass legally. Once the will has been filed for probate it becomes a public record and you can visit the court and obtain a copy.

An estate that has real estate must be probated in order for title to pass legally. Once the will has been filed for probate it becomes a public record and you can visit the court and obtain a copy.

An estate that has real estate must be probated in order for title to pass legally. Once the will has been filed for probate it becomes a public record and you can visit the court and obtain a copy.

How do I get my probate money?

Your inharitance money needs to go through probate to be sure no one else has claims to it. Probate will run it's course quickly if there is a will.

If you are having issues getting your probate money, then it is best that you hire an attorney. lawyers.findlaw.com/ is a directory of attorneys based in the United States. By using this site, you will be able to find the best probate attorney in your area.

Who is resposible for filing assets with probate?

That is the duty of the executor. They file a complete inventory with the court. They also have to provide a fair value on all the items.

If you are ordered by the court to pay costs and you cannot what happens to you?

No one can be legally forced to pay money that they don't have, and the custom of debtors prisons was abolished a long time ago. If you do have an income, it is possible that some of that income will be garnished in order to eventually pay the costs that you have been ordered to pay.

Can the beneficiaries remove an executor of an estate for refusing to supply accounting?

It is possible. You need to contact an attorney to file a motion with the court.

Why do banks automatically probate investments and freeze accounts?

The bank has been entrusted to take care of these assets. They are not going to risk breaching their fiduciary duty by making a mistake or letting an unauthorized person have access to the funds.

What happens when there is no named beneficiary to a bank account?

It becomes an asset of the estate. It will be inventoried with the other assets. It can then be used to pay debts and then distributed to the beneficiaries per the will or the intestacy laws.

Your mother is the beneficiary of your fathers life insurance policy in the state of Florida she dies first does money go to your mothers children?

I am assuming the father is still living? In any event, a life insurance policy is not a probate asset, meaning that it does not pass in the will (exception being certain trusts). The insurance policy is a contract, and passed by operation of law.

What can I do if the executor won't answer my questions?

That depends on who you are and what your legal standing is regarding whatever the executor is handling.

How do you become a administrator of estate in Alabama?

In Alabama, pick up a set of probate instructions at your local courthouse, or they may be available on line. Then follow the instructions and file the appropriate forms with the court and they will issue a letter of authority.

Trending Questions
How do we terminate my mother's estate it was unnecisary there is no real property and we've proven my sister to be benificiary? What steps do you take if an executor makes illegal changes to the will they are executing? If your mother and 4 siblings inherited property and she dies does her share go to her estate or to the 4 siblings? Who needs to receive a copy of a person's will upon their death? When you die your spouse and your children are the next of kin. What are your parents' roles? What does vest title mean? What is law on paying off debts after a death? Does Florida require a will to go to probate? What does the word heir mean? What do you inherit from a spouse who has children from a previous marriage? What happens if 2 out of 3 beneficiaries agree to sell and the third does not? In Arkansas must adult children pay deceased parent's medical bills out of parent's payable on death accounts if probated portion of estate is inadequate to cover the medical bills? Does marriage make you the next of kin? Do you have to probate a will in the state of Washington What is the cost for a small estate? If someone removes personal property from an estate before being sworn in as the executor can this be considered theft? Can you borrow against your trust fund? Does executor have right to sell house if you own half? If the wife was designated executor and now divorced does she remain the executor? Where is the probate court in Suffolk County? How do you transfer the deed of a deceased parent in NJ to surviving children?