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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
How long after death can you protest will?
Generally, you have a specific period of time to contest a will once it has been filed for probate. The time period varies in different jurisdictions. When you receive a notice that the will has been filed in probate court and someone has petitioned to be appointed the executor the notice should tell you the date by which you must file your objection. You must make certain to follow the rules or you will lose your chance to object. If you have any questions about filing the objection you can inquire at the probate court on the notice.
Is it suspicious that your step dad won't let you see your own mother's will?
Yes it is not normal for your step dad not let you see the will, i suggest you get another family member to help you out to see the will.
Does a will prevent probate taxes?
Assuming you mean inheritance or estate taxes, not as such. A will simply provides for the distribution of the assets on the death of the testator. Some forms of distribution, usually relevant only to estates worth a million dollars or more, may defer or affect estate taxes, but the surest way to avoid taxes is by trusts and certain other means created before death, not by the will.
The court will appoint a new executor. It is not a duty that is inherited. Her husband could certainly ask to be appointed and if the other beneficiaries are okay with that, the court would probably appoint him.
Can probate be closed if all heirs dont cooperate?
The executor can work at closing off the will without any requirement of the heirs to cooperate. As long as the executor can justify the distribution of the assets, the court can approve the proposal of distribution.
When a person dies can anyone sale a bond?
No, not just anyone can sell a bond. In this case it would have to be the executor of the estate. They will have to include the bond in the inventory and assets. Their letter of authority from the probate court will allow them to sell the bond.
Yes, it is....providing the deed was legally notarized and witnessed by 2 separate entities.
Does an executor receive the estate?
The court appoiunted executor has control over the estate in order to pay taxes and debts and distribute the remaining property according to the will. The estate does not become their own property unless they are the sole beneficiary.
How do you file to be the administrator of the estate for your mother who died without a will?
Either consult a probate attorney or visit the local court house. The court house can provide a basic set of documents that need to be filled out and filed, but they usually recommend using an attorney.
Most jurisdictions offer a "short form" for estates under a certain value. It limits the detail that you need to provide. This is common for people who die after a time in a nursing home paid for by Medicaid, since their assets are spent down. I've handled many estates on my own without an attorney. The lead clerk at the court is your friend and guide. But the process can be very expensive.
Have an independent appraisal conducted. They run around $400.
If there is a executor over a will what rights does the spouse have?
A wife has legal rights whether or not she is the executor. Most states have a statutory provision under the doctrine of election. Under that provision, a wife can claim a statutory share of her husband's estate if her distribution under the will is less than she would receive by law. You should consult with an attorney in your state who specializes in probate to determine what your rights are under the laws of your state.
As for the settling of the estate, the executor must be appointed by the court. Interested parties will be provided with an opportunity to object to the appointment of the named executor and the court will hear the objections. If the objections are serious enough the court will appoint a different person as executor. Once appointed by the court, the executor will have the power and authority to settle the estate under the provisions in the will and according to the probate laws under the supervision of the court.
Is there a form for getting approval from siblings to sell real estate as executor of the estate?
There are assent forms that should be available at the probate court in case you need to apply for a license. Generally, an executor needs a license from the court to sell the real estate or the power granted in the will to sell real estate without license of the court. Filing assents from all the heirs, if you don't have power in the will, will make the application for a license go more quickly. The rules may vary from state to state.
Can you trade in a deceased persons car if they still owe money on it?
If they have the letter of authority, yes.
When someone dies leaving no family can a friend deal with the estate?
If the decedent left a will a friend can petition to be appointed the executor if there are no relatives.
When there is no will the laws vary from state to state. Each state has a schedule of persons who are qualified to be appointed an administer of an intestate estate. Generally the administrator must be a person who would inherit from the estate, a creditor or a public administrator if there is no other qualified person.
What does an Executor release form look like?
RELEASE, RECEIPT, AND INDEMNITY
The undersigned, , hereby acknowledges receipt of payment of services on (Date)___________ interest in the residuary estate of Bonnie Jean Brill (a.k.a. Bonnie W. Brill) . The undersigned hereby releases and forever discharges and [executors], both in their capacity as independent executors of the estate of , and individually, of any and all claims of any kind which distributee ever had, now has or hereafter can, shall or may have, under the Last Will and Testament of decedent and with respect to the administration of the estate of decedent.
Distributee acknowledges that he/she has been provided with sufficient disclosure with respect to the terms, provisions, costs of administration and asset allocation prepared by executor. The undersigned hereby indemnifies executor, both individually and as the independent executors of the estate of decedent, from any and all liability resulting from the accounting and asset allocation in connection with the estate.
This receipt, release, and indemnity shall inure to the benefit of the predecessors and successors of all parties specifically released above and is binding on the undersigned, in his/her individual capacity and as a beneficiary under the Last Will and Testament.
SIGNED: ________________________
[Distributee]
SIGNED:________________________
[Distributor]
What happens if someone dies without a will in Florida?
The laws of intestacy will be applied. It will specify the distribution of the assets.
Can an executor make a beneficiary of a check give back the check?
The answer depends upon the circumstances. You can add more details on the discussion page.
What is the fee an executor of an estate receives in Illinois?
The fee is based on the effort and is usually an hourly rate. It is standardized in some states. The executor must show the court records and documentation to demonstrate to them that the effort is legitimate and the court must approve the amount.
Why must a house go into probate to sale if all benificary agree?
It makes sure that everything is done properly. The only way someone can sell real property is if there is a letter of authorization.
How can you avoid probate upon inheriting your dads home?
You cannot avoid probate unless the property was owned by you and your father as joint tenants with the right of survivorship. That type of ownership provides that when one tenant dies their interest in the real estate passes automatically to the surviving joint tenant and bypasses probate. Otherwise, when a person dies owning real estate, the estate must be probated in order for title to the property to pass to the heirs legally.
Is there a time limit in Missouri to probate a will?
There is no specific time frame in Missouri. The estate has to be inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.
Where does a grandchild file to become executor of grandparents will?
At the appropriate county courthouse. There is typically a packet that can be obtained at the courthouse.
Is trying to remove an executor from a will considered contesting the will?
Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.
Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.
Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.
Yes, if you are trying to remove the executor who is named in the Will. When the testator includes language that heirs must not contest the Will she intends that her wishes be followed including her choice as executor. However, there may be more details so you should consult with an attorney before acting.
How can you find out if your father's estate is in probate without asking his wife?
You can call or visit the probate court where he resided and check the index to see if a case has been opened under his name. If there is a case, you can visit the court and ask to see the file. Once filed, a probate case becomes a public record unless there are special circumstances and the case is impounded.
Should I contest my fathers will if I feel his signature was forged?
A will contest based on a forgery theory is difficult to win mainly because that theory necessarily requires that you prove some sort of conspiracy among the people involved in the making of the will. If the signature is forged, how do you account for the fact that it was signed by two witnesses and maybe had a lawyer involved and they all say the testator signed it. A forged signature theory implies that all of the witnesses were in on a conspiracy, because , if the signature is forged, then the witnesses did not see the decedent sign the will. If a lawyer was involved in the drafting and execution of the will, then the lawyer must have been in on the fraud too. Plus, as people age their handwriting changes due to age or illness. Sometimes a testator's handwriting is very different than it had been at one time. You should have very good proof of the signature forgery and come up with a plausible alternative scenario for the signing of the will. It will take very solid proof to win with that theory.
