Probate

Typically a will must be filed -- usually in court. Whether you need to actually open a probate estate, however, depends on the size of the estate and who the heir is. For example if the estate is very small and the heir is an adult, the state may have a procedure that simplifies the process. If the estate is large and the heir is a minor, however, as another example, full probate may be required.

No. Someone should petition the court to be appointed the conservator of the elder and their property. Once appointed, the conservator would have the authority to take possession of the property and manage it on behalf of the ward.

Yes, all assets of the deceased account towards their estate.

All you need is the letter of authority and a tax number. The first is issued by the probate court, the second can be applied for online with the federal government.

They may be entitled to a portion of his estate under the state laws of intestacy. You can check your state laws at the related question link below.

The debts have to be resolved before any distribution can be made. If there is nothing left after paying the bills, there is nothing to give you.

If the testator owned any property in her/his own name at death the estate must be probated. If the testator left any bequests to any other heirs it is illegal for the surviving spouse to withhold the will from probate.

If all the property owned by the couple was jointly owned with the right of survivorship and there was no personal property devised to any other heirs then the estate need not be probated.

If you're not sure you should consult with an attorney who specializes in probate who could review the situation and determine what your obligations are.

No. One grandparent can agree to petition for guardianship or agree to accept appointment as temporary guardian.

Any name change needs to be granted and recorded by a court. You cannot just change back.

The property is now part of your sister's estate.

First, if the decedent had a joint bank account with another party the joint owner should ask the bank if it will allow the check to be deposited in that account. If that is not possible then you will need to obtain some authority from the probate court to cash the check as the administrator of the estate. You should speak to a clerk at the probate court to determine if there is a shortened, small estate probate procedure that can be used to obtain the authority to cash the check.

No. That money belongs to the beneficiary of the policy.

In some states the surviving spouse inherits the property. In other states the property is shared by the surviving spouse and children. Step children are not heirs-at-law unless they were legally adopted. The answer depends on the laws in your state or jurisdiction. You can check those laws at the related question link provided below.

An estate must go through the probate process before being settled to ensure that all relevant taxes and fees due are paid. Once this has happened the estate can be settled and distributed as stipulated in a will.

Probably the best option here is to sell the acreage and split the profits 5 ways. It will be difficult, at best, to satisfy everyone concerned, as most people would prefer other areas besides the unusable wetlands.

This is correct, but I thought I would add this since it seems to be a natural follow-up question: First, the property is not physically divided in 5 sections just because there are 5 heirs. They become joint owners of the whole property. Second, What happens if some agree to sell and others want to keep the land? Normally the ones who want to keep the property itself buy it from the ones who want to sell it at a price they all agree upon. But since buyers want to buy low and sellers want to sell high, there usually is a disagreement on the price. Sometimes each side agrees to get two appraisals and settle for the average value of the two. If everyone still does not agree to this, anyone can file anlaction in partition of the property. This is a lawsuit naming everyone involved and the court will order the property appraised then sold to a highest bidder at a public auction. The owners who want to keep the property will have a right to bid, however they will have to bid against other people as well. If the owners who want to kep the property cannot m atch a bid from a non-owner then the property is sold to the non-owner and the money divided equally.

The debtors have to write off the money. If the assets of the estate do not cover the bills, there is little they can do, unless there is a co-signer to the obligation. It is not uncommon for the estate to be unable to cover all of the debts, particularly if there were major medical bills.

All cases are different and it is best to contact a probate or estate planning attorney to ensure protection of your assets.

Only if it is a joint account or payable on death to the "common law spouse". If it is a sole account in your mother's name then it is a part of her estate.

A trustee is an officer of the court. And is bound by state laws and court procedures. If the estate/trust is being held, it is due to the action of the court of jurisdiction, not the trustee. An heir can petition the court for a change in executor. They can also ask for a full accounting of the estate. If it is clear that they are dragging things out, perhaps to pad their bill, the court can replace them.

Yes, they can distribute funds prior to the end of probate. They have to record it and report it to the court. They also have to show that they have reserved enough to handle any unexpected debts and liabilities that might show up.

How do you know that you are the beneficiary if you do not have a copy of the Will!

Wills are usually lodged with solicitors or with the executor(s) of the Will. The executors must have the original Will document and are responsible for putting the Will/Estate through probate. At this point the Will becomes a public record (that anyone can see) and the executors are then supposed to divide up the estate as specified by the will, ensuring the beneficiaries get their legacies.

I no will can be found, then you countries "intestate" rules will apply regarding beneficiaries of the estate.

It all depends on what the documents state. I notice you said a Trust. Was this a grantor trust? was it completely funded with the grantor's (the deceased) assets? Is the home in the name of the trust. There may be a provision in the Trust, if the trust was the owner of the property, that allows the sale of the property with proceeds added to the residue of the trust. However, if the trust was not properly executed and funded and the property was still in the name of the decedent then you may have to wait until the probate process is over or meet with all heirs and your probate attorney as they can guide you through that process. Usually with a completely funded grantor trust the estate avoids the probate process and goes by the guidelines set forth by the trust, however it sounds as if this trust was not properly funded and the property was not placed in the trust.

Required if the decedent was a legal resident of California who died before June 9, 1982, otherwise an inheritance tax wiaver is not required in the state of California.

If they know that the person exists, then they establish a trust on behalf of that person. The court will have to approve the trust. If there is no known beneficiary, the estate will escheat to the state.

can any bills/expences - hospital-funeral-livingcenters come back on the Guardin to have to pay.