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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

What are Oklahoma's probate laws?

I am sure you realize that the sections of the Oklahoma legal code that govern probate matters cannot be provided here. You can read them yourself at the Oklahoma link from the website below. Just click on your state.

If you were driving your mother's car with her permission when she died can you still be covered under her auto insurance if you keep up the payments until you inherit the title after probate ends?

If you were driving within the law old enough held a valid licence at the time and indeed included on the insurance theres a chance you will be covered by the insurance but seeing as it was your mothers car and insurance and through the result of an accident caused by your own admittance by yourself which takes all blame away from her then this being the case the insurance would still have to pay out on her insurance policy.

Does there need to be an alternative executor to a Will?

No. If one is not named in the will the court will appoint one if necessary.

What is a probate letter?

It is a letter issued by the probate court. It gives the named individual the right to be the executor and represent the estate.

Can the administrator of an estate in Texas enter into any kind of lease contract or sale any property before or during the probate of a will?

That's sort of the reason for having an executor, so that they can settle the estate. And that may involve renting property or selling it. They are accountable to the court for their actions.

In Louisiana if the father is already dead and left no will then the step mom dies leaving no will and has no children of her own who is entitled to her half of the estate?

Louisiana probate laws are very strict and also unusual. You need more details about the nature of the property. You can review the law at the link below. However, you need to consult an attorney in your area who specializes in probate law in order to determine who owns the real estate.

Can a co-executor force the other co-executor to sell real estate?

Executors must be appointed by the court and then perform their duties under the supervision of the court. You need to appeal to the court for a ruling if the two of you have equal power and cannot agree. You must state all the pertinent facts in a motion and the reason the sale of the real estate would be in the best interest of the heirs. The court will issue an order that must be followed.

On the other hand, if one of the heirs wants to keep the property they must buy out the interests of the other heirs.

What are the rights of a benificiary to money in a will if they are deceased?

People who are deceased do not inherit money. Many wills indicate alternate beneficiaries, but if there is no stated alternate, then the courts must rule on what happens to the estate.

Can the executor in Wisconsin move property without all beneficiaries approving?

The exector's responsibility to the estate, not the beneficiaries. They are accountable to the court for executing the will and the laws.

Does life estate automatically bequeath mineral rights to real estate?

No. A life estate includes the right the use and possession of the property for life. Only the fee owner can sell the property or rights therein.

Does the beneficiary of the life insurance policy have to turn over funds to the estate to pay debt?

I am not an expert but have been involved in my dad's estate. If you are a listed beneficiary on the life insurance policy, it is your money. Unless you are the spouse.

Debt does not have to be paid by the beneficiaries.

My dad's left over $30,000 in debt. He had a $30,000 life insurance policy that had named beneficiaries. We got the insurance policy and did not have to pay for the debt.

Check your state's policy. Go to a free law clinic and verify this info.

Good Luck!

Can you protest who is appointed executer and power of attorney of a person still alive?

A person has the inherent right to choose their own attorney-in-fact and to choose their own executor in their will. You have no right to participate in those decisions unless the person is not legally capable of making such decisions. If that is the case then you need to bring your concerns to a judge.

How long will a probate court leave a will open?

As long as it takes to resolve the will and the estate. It may take many years to resolve everything, but that makes sure all of the legal requirements are met and taxes paid.

Can beneficiary hire probate lawyer if intestate?

A beneficiary can hire and pay their own attorney to represent their own interests but they cannot alone hire the attorney for the estate. The court appointed executor or the court appointed administrator will have the authority to hire an attorney to handle the estate.

If there is no will any qualified person under state law can file a petition for appointment as the administrator. Qualified persons are generally a spouse, child or any other person who is an heir at law under the state laws of intestacy. A creditor can petition for appointment as administrator. The court appointed administrator can hire an attorney to handle the estate and pay the cost from the estate.

Do i need executors permission or probate to sell my share of inherited property?

You have to have the rights in the property before you can sell them. Being a named beneficiary does not give you the right to transfer title, though you could quit claim your rights.

How long does probate takes?

It takes however long it takes. That sounds flippant, but it is the reality. Length of probate depends on many factors:

  • Size of the estate
  • Debt associated with the deceased
  • Existence of a will
  • Number of beneficiaries
  • Relationship of the beneficiaries (are they going to contest the will?)
  • Efficiency of the executor

The shortest time is typically going to be about 4 months. You have to advertise for debts for at least 90 days, as well as contact anyone that might have a claim against the estate.

How can the beneficiary be removed?

The only person who can remove a beneficiary is the testator or a judge by a court order.

The only person who can remove a beneficiary is the testator or a judge by a court order.

The only person who can remove a beneficiary is the testator or a judge by a court order.

The only person who can remove a beneficiary is the testator or a judge by a court order.

If boyfriend dies and girlfriend is on survivorship deed to home are children entitled to property?

If the man and woman owned the property as joint tenants with the right of survivorship then his interest automatically passed to her when he died. His children would have no interest in the property. She is now the sole owner.

What does ex parte temporary guardianship mean?

what is the meaning of guardianship what is the meaning of guardianship

Can a daughter inherit the property of the person who married her widowed mother?

If that person had legally adopted the daughter then she would be his legal heir. Otherwise the only way she could inherit his property would be by his will and she would not be considered as next of kin if he died intestate.

How long does someone have to claim a relatives estate with no will and property is owned in Florida?

An Administration should be filed as soon as possible since the property is in the decedent's estate. Title cannot pass to the heirs at law until the estate is probated. Property taxes and municipal charges will accrue and must be paid to avoid a tax taking.

Is there a specified time within which executors of a Will are required to notify someone that they have been named in the Will as a beneficiary?

In many states notification is a requirement in order to open the estate. Along with the will, paperwork showing that all the beneficiaries have been notified, or an attempt has been made to notify them has to be filed with the court. If they have been unsuccessful, the judge can require them to show how the rights of those individuals is going to be protected until they can be found.