Probate

The will should specify who should inherit. If there is no will, the state will have a law that specifies. Just because someone is related does not mean they are entitled to a portion of the estate.

You should make an appointment with an attorney who specializes in probate and estate planning. Think about what you want to have in your Will and make some very clear notes so that the meeting won't take too long. A Will and testamentary trust is really not a do-it-yourself project unless you have been to law school and know exactly how to research what you want to do. It is common for self written testamentary documents to be so poorly written that they do not make legal sense and the court must intervene. In the end, the costs are much higher than it is to have it drafted properly by a professional in the first place.

The sibling does not have the right to change a grant deed. Only the property owner can make such a change.

If the property is real property the estate must be probated and any surviving children will become the new owners. You will own your portion until you sell or convey it to someone else by a deed. However, if the other owners want to sell the property and you cannot be found then they could seek a court order to sell your portion of the property and the proceeds would be placed on deposit in your name. Costs and fees thereafter could cause your portion to decrease.

Personal property should be claimed within a reasonable period.

If you and your mother owned the condo as joint tenants with the right of survivorship full ownership passed to you automatically when she died. All you would need to do is record a death certificate in the land records office. If she owned no other property in her name alone then her estate doesn't need to be probated.

If you owned the condo as tenants in common, or, if she had property such as bank accounts in her name alone, then her estate must be probated.

You should consult with an attorney unless the first paragraph above applies to your situation.

The executor of the will is the person responsible for following the instructions of the will. They work with the probate court to make sure everything is done legally. The court provides them with a letter of authority that will allow them to act on behalf of the estate.

Yes.

If your father was sole owner then his estate must be probated. In that case you may be able to petition to be appointed administrator of his estate and then petition for a license to sell the real estate.

If his wife owns the property by survivorship then you need to petition to be appointed her guardian and then petition the court for a license to sell the real estate. In either case you should consult with an attorney who specializes in probate law in your area who could review your situation and explain your options.

No, but the probate court has to affirm the distribution plan.

Writing a legally binding last will and testament, detailing the distribution of one's estate and all property to the descendants, is the most common way to ensure this. This will must be drawn up by a lawyer and notarized, and kept sealed until one's death.

That will depend on whether they had children or siblings. If there are no heirs under the intestacy laws, the state of Tennessee will receive the property.

Yes. An executor may open estate accounts at as many banks as in his/her discretion is proper. In fact, there will be times when numerous banks are an absolute must, such as when the assets of an estate in any one bank exceed the FDIC protection limits. In such a case an executor is wise to remove the excess to another bank to take advantage of that bank's FDIC protection and be sure that as interest accrues, the amount on deposit does not exceed the FDIC limit. Also the estate account need not always be a checking account. Proper administration of an estate dictates that there be a checking account, but there may also be estate savings accounts or money market accounts or even CDs. A sufficient amount of cash should be kept in the estate checking account for the usual expenses, but any amounts not needed in the foreseeable future should be put into an interest bearing account. And since typically an estate is going to take at least six months to properly complete, it is sometimes proper to put some excess estate money in a timed CD, like 3 month or so depending on the situation.

Yes. If the court suspects that the attorney in fact is unlawfully avoiding taxes, draining the estate, hiding assets, etc., it can and will force the release of records.

She is not the executor until she is appointed by a court. You don't even know if there is a will. The children should get together and petition for one of the children to be appointed the Administrator of the estate as though he died intestate. If she has a will she will produce it to stop the Administration proceeding and she will have to commence a probate proceeding to probate the will. You can check your state laws of intestacy at the related question link below. Your father may have died intestate and that could be why she won't produce a will.

Yes. See Missouri Uniform Probate Code section 474.160. See link provided below.

You aren't the executor of the estate until the court appoints you. If your husband left property standing in his name alone then his estate must be probated. You should seek the advice of an attorney who specializes in probate who can review your situation and explain your options. If your husband left a will you should bring it with you when you meet with the attorney.

"The personal representative has a right to reimbursement for expenses incurred in managing and settling the estate, and for time spent carrying out those duties. Payment for the latter may equal 2 percent of the inventory value of the estate assets (less any mortgages or liens). Or it may be some other amount the decedent specified, or the beneficiaries agreed upon, or the court approved. If the personal representative is derelict in carrying out duties, the court may reduce or deny compensation. The court also must approve expenses and attorney fees in formal probate proceedings."

See link provided below.

Once a Will is filed for probate it becomes a public record. You can visit the court, request the file and read the Will. You can also obtain a copy for your records.

A certificate of deposit is a type of savings certificate that entitles the owner to collect the balance including interest after its maturity date. A certificate of deposit in and of itself does not avoid probate. However, depending on how the certificate is titled, probate may be avoided by adding a beneficiary to the account. The owner of the certificate can name a "payable on death" beneficiary to the account at the time the certificate is issued.

You will be notified by the person who petitions the court to have the will allowed and to be appointed the executor.

Section 43-8-41 ===Share of the spouse:=== The intestate share of the surviving spouse is as follows: (1) If there is no surviving issue (children) or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate; (3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate; (4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate; (5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter. Section 43-8-42 ===Share of heirs other than surviving spouse:=== The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue (children) of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (2) If there is no surviving issue, to his parent or parents equally; (3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation; (4) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.

In Texas the will should go through probate. That makes sure all the debtors are satisfied and that the will is executed properly. It also makes sure the appropriate taxes are paid.

Under the provisions of Kentucky law the the surviving spouse may elect to renounce the will and receive what he/she would have inherited under the state laws of intestacy. There is a statutory period of six months after the probate is filed during which a claim by election may be filed. You can read more about related issues at the link below.

No. First of all, how does the person selling the items even KNOW they are a beneficiary until the will is probated. Secondly, the will may provide for other beneficiaries by bequeathing them the very items that they are selling, or converting to cash. Notify the Probate Court immediately of this person's actions! CAUTION: If the will has, in fact, been probated, and the only thing is, that it has not become "public record" yet, be advised that orders of the court DO become effective IMMEDIATELY upon their being signed by a judge.