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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 is the Definition of principle of representation in probate context.?
The principle of representation applies when someone has died intestate (i.e. without leaving a will), and one or more of the people who would have been entitled to inherit the estate has already died leaving children. For example, John has died intestate leaving no wife or children. According to the rules of intestate succession, his estate would have been shared equally among his three brothers, Fred, Jack and David, but David has already died. So Fred and Jack take a third of the estate each, and the remaining third goes to David's daughter, Joanna, as 'representative' of her father.
This can be possible if the executor can show evidence that the beneficiaries of the will would be the same even if the testator had died intestate (without a will). Or, if all interested parties to the will come to a written agreement and accepts the will as it is written and no one contests the will.
Should the beneficiary write the Will?
This would be a conflict of interest.
The beneficiary is the person who will receive the estate after the person who the will is written for dies.
In fact this is probably specifically illegal in most places.
AnswerThe beneficiary cannot write the will. A will must be written by the testator unless they have a physical disability that prevents them from signing it. In that case it should be drafted with an attorney in charge.
Can debt collectors make a beneficiary pay the decedents debts?
The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.
The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.
The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.
The creditors can file a claim against the estate and the debts of the decedent must be paid by the estate before any assets can be paid over to the beneficiaries of the estate. If there are no assets in the estate the creditors are out of luck. You should consult with an attorney or other advocate before you pay any debts of the decedent.
Who has the final say on an estate when the executor disagrees with 11 other siblings?
The court appointed executor has the responsibility and the authority to settle the estate according to the provisions in the will, the probate laws and the laws of intestacy. However, if 11 of the heirs disagree with a decision the executor has made then they should submit a motion requesting that the court hear their objections and issue a ruling on the matter.
Can heir property be sold by a majority vote in Tennessee?
Only if the executor and probate court agree.
I suggest that you contact a lawyer and file a lawsuit against the executor.
Any person who willfully withholds a decedent's Will from being probated is subject to penalties under the laws in most jurisdictions. In fact, there is no executor until the will has been examined and approved by the probate court and the court has appointed the executor. The person you are referring to as "the executor" is simply the person who is holding up the probating of the estate by the unauthorized retention of the decedent's will. If the family members know there is a will and that person will not produce it then you should bring an action in probate court and have them served.
Here is an example of the law in Massachusetts:
Chapter 190B: Section 2-516. Duty of custodian of will; liability
[ Text of section added by 2008, 521, Sec. 9 effective July 1, 2011. See 2008, 521, Sec. 44.]
Section 2-516. Section 2-516. [Duty of Custodian of Will; Liability.]
After the death of a testator a person having custody of a will of the testator shall deliver it within thirty days after notice of the death to a person able to secure its probate and if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
You can visit the court and request the forms you need and you can check online to see if the court has printable forms available at their website. You can find a website by performing an online search using the county, state + probate court.
You can visit the court and request the forms you need and you can check online to see if the court has printable forms available at their website. You can find a website by performing an online search using the county, state + probate court.
You can visit the court and request the forms you need and you can check online to see if the court has printable forms available at their website. You can find a website by performing an online search using the county, state + probate court.
You can visit the court and request the forms you need and you can check online to see if the court has printable forms available at their website. You can find a website by performing an online search using the county, state + probate court.
Would Beneficiary still inherit if he died seven years ago?
Probably not, depending on the way the will was written. The beneficiary's heirs might inherit.
No one automatically becomes an executor. The executor must be appointed by the court. The first executor will need to be removed by the court and a successor must be appointed. However, the court will do nothing until a petition is filed requesting the changes.
Who would be your legal kin in the first degree?
First degree kin would be your children, and, if no children then parents. Click on the links below for Charts of Degrees of Kinship.
Can you use an small estate affidavit to open estate account?
Yes, you can use a small estate affidavit for opening estate account.
In order to do so, you have to go through with these steps:
- No will- Person that died should not left a will. There must b no will. If there is a will, this will not be a right procedure to use.
- Estate must be less than $50,000 in value. If the value will be more. Then, this will not be a right procedure to use.
- If there is other real property involved, an Affidavit of Heirship may also need to be filed separately.
- It requires that 30 days have passed since the date of death, and no petition for the estate has been filed or granted.
- There must be a solvent estate, meaning that the assets of the estate must be greater than the amount of debt owed. Exempt property may not be included in determining if the estate is solvent.
If an estate is worth 150000 does that go through probate?
Every estate 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.
What happens if siblings inherit property share and share alike and then later one dies?
Their share becomes a part of their estate.
What was Sacagaweas sons name?
Jean Baptiste AKA Pomp
^^^^ Pomp; Jean Baptiste's nickname was created by William Clark. Did you know, that William Clark actually raised Jean Baptiste when Sacajawea died
How can a person find out if the estate is supposed to pay the creditors before the heirs are paid?
Creditors are always paid according to their priority before any inheritance is distributed to beneficiaries named in a will or entitled by probate succession laws. Depending upon state laws and individual circumstances, some property and assets may be exempt from probate procedure and cannot be used to pay the deceased debts.
How does the state know who the heirs are?
A decedent's legal heirs-at-law and next-of-kin are determined by the state laws of intestacy for purposes of inheritance. You can check out your state intestacy laws at the related question link below.
The names of all the known next-of-kin must be listed on the petition for administration by which some qualified person petitions to be appointed the Administrator of the estate.
When a will is presented to the probate court for the appointment of the Executor the petition for probate must list the names of all the next-of-kin even if they are not named as beneficiaries under the will.
Who is responsible for a loan if both the borrower and guarantor have died?
The estates are responsible for the debts of the decedents.
The estates are responsible for the debts of the decedents.
The estates are responsible for the debts of the decedents.
The estates are responsible for the debts of the decedents.
Is a trust probated as a will is probated?
Trusts are different than an estate, but it will be monitored by the same court.
Is it unusual to be power of attorney executor and sole beneficiary of a will?
No. That would be appropriate in many situations when one person has been extremely close and helpful to the testator in life. The power of attorney is extinguished upon the death of the principal.
No. That would be appropriate in many situations when one person has been extremely close and helpful to the testator in life. The power of attorney is extinguished upon the death of the principal.
No. That would be appropriate in many situations when one person has been extremely close and helpful to the testator in life. The power of attorney is extinguished upon the death of the principal.
No. That would be appropriate in many situations when one person has been extremely close and helpful to the testator in life. The power of attorney is extinguished upon the death of the principal.
What do credit card companies and collection agencies do with an account when the debtor dies?
They file a claim against the estate. They try to get the executor to pay them before they pay others. The company may try to file a lien against any real property in the estate.
If the deceased husband has vehicles in his name how do you get them in the spouses name?
You have to apply to a court for probate on his estate.
What is Alabama state law on the power of Executor over the beneficiaries?
The executor has no power over the beneficiaries. The executor is responsible to the probate court for the administration of the estate. They must make a full accounting to the court.
