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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 happens when the executor spends the estates money and does not pay bills?
They have breached their fiduciary duty. They can be held liable and prosecuted for theft.
Probate may be needed it would be best for you to consult a probate attorney.
If you are paying taxes on a property in Texas does that make you the property owner?
No, paying property taxes on a property does not make you the property owner. Only a properly executed deed naming you as the owner would make you an owner.
How can the person who has power attorney get out of it?
You can resign in writing and the principal can appoint another attorney-in-fact.
If the will gives the jewelry to the children of the deceased, then they all own all of it equally, meaning no one person is entitled to or may choose any particular item. Some will give the executor the authority to use discretion in giving out specific items to individual beneficiaries. In that case the executor's decisions are final unless that discretion has been abused or not exercised for the equal benefit of all beneficiaries. If the beneficiaries believe that the executor will in the future distribute the items unfairly, there is nothing that can be done. Yet. A court will not take a case on a supposition that something wrong will be done unless there is proof that beneficiaries will suffer some irreparable harm if they have to wait until distribution is made. An example would be if the executor intends to send a family heirloom to someone out of the country and beyond the jurisdiction of the court to get it back. If te executor has made known a plan to distribute jewelry unfairly, beneficiaries can informally tell him they are against it and he should not make distribution. This usually works because an executor does not want to get entangled in litigation in which he might be hit with a damage award that he has to pay out of his own pocket or suffer a loss of his executor's compensation for not doing the job right. If distribution has been made, a lawsuit may be filed in the probate court alleging the unfair distribution and demanding the return of the items, the removal of the executor, the forfeiture of all compensation and payment of money damages by him/her personally. If no agreement can be reached on distribution of items (a common situation) the executor will propose an auction of the items and the proceeds of the auction instead of the jewelry will be distributed to the beneficiaries. This is a common problem because jewelry has both a monetary and a sentimental value. Plus, there may not be enough pieces to go around. And of course the big question usually is Who gets mom's diamond ring? In the end, a court will disregard sentimental value and distribute the jewelry in the only way it can. That is by selling it and giving out the money.
Consult a probate attorney immediately. A surviving spouse has preferred status and may be automatically eligible for a certain portion of the estate depending on how long she has been married to the decedent. Your attorney can help you claim what is yours.
How long do you have to probate will in Monmouth County New Jersey?
In the state of New Jersey there is no specific time frame. The estate has to be inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.
How long do you have to probate a will--is there a time limit for payouts of non contested wills?
It will depend on the specific estate. All of the debts and taxes must be paid and everything inventoried before reporting to the court.
How do you go about getting a deceased family members mail from a post office box?
If you have a letter of authority, it should be no problem. If you have a key, it makes it easier to get into the mail box as well.
Your question contains several questions. Let me address the questions individually.
First, with no estate plan at all, your children will receive a share of your estate automatically. Each state has a code of laws to deal with inheritance when there is no will or other plan. The amount varies from state to state. If your spouse survives you, they will also be entitled to a share of your estate. This percentage also varies. The spousal share may vary from 1/3 to 2/3. If you are widowed or divorced, most states will divide your estate equally among your natural and legally adopted children. Should a child die before you, that child's share would normally go his or her children, if any.
In order to avoid this result, you must take positive action. Your last question about right of survivorship suggests joint ownership with another person, with a right of survivorship. This is effective, but has some drawbacks. Joint ownership passes title to the survivor without probate or attorneys. However, you must be aware that once you choose joint ownership, you cannot change your mind without agreement from the other joint owner. If you wanted to change joint owners, you must convince the current owner to sign off. I have seen this problem arise often with joint tenancy.
You must also be aware that your property is now also part of your joint owners estate. If they go bankrupt, get divorced, get sued, or encounter any financial difficulty, your property may be exposed to their creditors. What if they have an accident and do not have enough insurance. Your property could be awarded to someone else. I believe joint ownership is highly risky.
Joint ownership will also cause you to lose the automatic step up in the capital gains tax basis that would otherwise occur at your death. This could cost the recipient a huge tax loss depending on how long you have owned the property. I rarely recommend joint ownership.
It would appear that your best solution is a Revocable Living Trust. With a revocable trust, you retain complete controlof your assets, avoid probate and attorneys after your death, make changes at any time easily and inexpensively without ageement from anyone else, keep your estate private, and disinherit anyone you choose. The only real downside to trusts is that they can be expensive. You must shop carefully. While my fees usually run between $300 and $500, I have seen attorneys charge thousands. I have also seen fill in the blank trusts on the web, but they worry me for many reasons and they can be quite difficult and frightening to an untrained person.
I do not know in what state you live, and I am not licensed everywhere, so please do not rely on my answers as legal advice as to your specific situation. For such information, you should always contact a local attorney familiar with you local laws. Note also that the state of Louisiana based their laws of the French Napoleanic Code rather than English Law and is therefore different than all other states. This information may not apply at all in that state.
If your father died intestate (without a will) you may be entitled to a portion of his estate under the laws of intestacy in your state. You can check at the related question link below. However, any property they owned as joint tenants with the right of survivorship passed to her when he died.
If your father owned a considerable amount of property you should seek the advice of an attorney who specializes in probate.
The estate must be probated in order for the title to the property to pass to you. There may be a reason why the executor wants to sell the property. The property may need to be sold to pay debts of the estate, or, there may be a provision in the will that directs the executor to sell the property and pay over the proceeds to you.
If the property does not need to be sold to pay debts then you are the owner of the property. You are an adult and can make your own decisions. You should speak with the attorney who is handling the estate ASAP and make it clear that you do not want your property sold.
All the property, real and personal, that a person owned at the time of their death will become part of their estate.
Does executor have right to sell house if you own half?
If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.
If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.
If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.
If you own a one half interest in the property in your own right and as a tenant in common, the executor can only sell the half interest owned by the decedent. The executor cannot sell your own interest in the property.
In the United States every death must be reported to the office of vital statistics in each state. That report is made by the medical examiner's office. Generally, there is no law that an obituary must be published in the newspaper. However, you need to check the law in your particular jurisdiction.
If a person dies owning any assets, their estate must be probated and a notice of the probate must be published in order to give any creditors an opportunity to file a claim against the estate.
Why do wills need to be probated?
The purpose of a will is for a person to direct the distribution of her property after her death. Title to the property devised under a will does not vest in the devisees until the will has been "proved and allowed" by the appropriate court. The court decides if the will meets the technical requirements of the state where the decedent lived. Therefore, a will does not become operative until it has been presented to the court. After determining that the will meets the technical requirements, the court appoints an executor and title to the property passes according to the will. The only means by which the title to real property passes to the heirs is through probate.
Is probate procedure required in Illinois?
A probate proceeding is required when a person dies who is the sole owner of property. Title to real estate must pass through probate in order to vest in the heirs. In some jurisdictions there is a speedy process when there is personal property under a minimum dollar amount or the only property is a motor vehicle. You should seek the advice of an attorney.
Yes, no assets or property can be taken until probate procedures have been completed. In some instances certain personal items, such as photographs can be released to family members with the permission of the executor. The executor is bound by law to protect the deceased's property until assets have been properly accounted for and debts have been paid.
When does an estate attorney send a formal accounting to the beneficiaries?
Generally, when the attorney is getting ready to close the estate she/he will file a final account with the court. The beneficiaries should receive some form of assent to the account and/or release of demands along with a copy of the account. Each will need to sign the assent/release and send it back to the attorney. The attorney will file the account for allowance along with the assents/releases. When the final account has been allowed the estate is closed.
What does it mean to expend funds when talking about a probate case?
Probate is the legal process by which a person's final debts are settled and legal title to property is formally passed from the deceased to his or her beneficiaries and heirs. There are many arguments for and against probate and its value in an estate plan.
Is a court reporter often used in a probate case?
Not unless the estate (or any challenger to the will) wishes to pay for one.
Can you return auto if titled owner dies?
There are a number of ways of resolving it. Any loan against the car has to be resolved. If it was a lease, it could be returned to the title holder.
What is an estate sale of real estate?
An estate in this sense refers to the real estate owned by a decedent at the time of their death. The purpose of an estate sale is to sell the property of a decedent so the proceeds can be distributed to the heirs. After an owner of real estate has died, their estate must be probated so the real estate can be sold. The sale must be handled by an estate representative duly appointed by the probate court and that representative must have the proper authority to sell the property. An estate sale of real estate would be a sale of the real property owned by the decedent.
Can you file for probate without s will?
Yes, you can file for probate without a will. If there is none, the intestacy laws for the jurisdiction (state) will be used to distribute the estate.
No, the property the property passes directly to the remainder persons and is not included in probate procedure nor is it subject to creditor action/attachment. By definition, a Life Estate terminates on the death of the beneficiary. There is nothing to go into their estate.
