Probate

A certificate granted by the family division of the high court of justice proving the validity of a will and proving its registration and administration. At death, your will goes through probate. Probate simply means the process by which your last will is determined to be your final disposition statement and which confirms the appointment of the person or institution you have named to administer your estate.

The term "probate" is also used in the larger sense of probating your estate. In this sense, probate means the process by which assets are gathered, applied to pay debts, taxes and expenses of administration, and distributed to those designated as beneficiaries in the will.

(In some locations, the Probate Court also handles conservatorships name changes, adoptions, temporary custody, and removal of parental rights. However, though this takes place in the same Court, these other items are not generally included when a person talks of 'going through probate'.)

There is no requirement for a sibling to be in a will.

If there is no real property to convey, some states have a short form set of documents that reduce the time and cost of probate. And if there are debts owed by the deceased, it would be a good thing to probate it and get the debts resolved.

You don't take someone's name off a deed. Changes in ownership are accomplished by recording a new deed in the land records. However, when property is owned by two people jointly and one dies, sole ownership automatically passes to the other. You only need to record a copy of the death certificate in the land records to show proof that the other joint owner died. If for some reason you want to have a new deed drafted you should seek the advice of an attorney.

You cannot "dispute' a beneficiary unless you have objections to the will on technical grounds, you think the will is a forgery, the testator was incapacitated when the will was executed or you think there was undue influence on the testator. In that case you must file an objection during the statutory objection period and be prepared to show evidence to the court that supports your claim. The judge will decide.


If you think that person shouldn't have been given that certain gift or that certain amount then you won't have any success in your objection. The court's focus is to carry out the wishes of the testator.

It sounds as though the mother has conveyed the property from herself alone to herself and her three children as joint tenants with right of survivorship. In this situation all four have a present interest in the property and all four would have to sign the deed to convey their ownership interest.

The trustor is the person who executes the trust and transfers their property to the trustee. Since a trust cannot act for itself, the trustee is the entity named by the trustor to manage the property held by the trust. The trustee holds title to the trust property.

Yes, an attorney is often used as executor. The court will often appoint an attorney if no one else is available.

Anybody can write a will. However, only the individual can write a will for their own property. A power of attorney does NOT give the individual the ability to write a will for the grantor.

Personally they are not responsible for anything. As the executor of the estate, they are responsible for maintaining the estate so most utilities are going to be good.

My sister was appointed as Independent Administrator of my mother's estate. We are about to finalize everything in 30 days. My sister has given me a brief outline of the cost of her time in executing the estate. They are EXTREMELY high! is there any way to dispute her fees for herself? Getting into a huge argument won't be a big deal, that's already happened! Our probate attorney (which I paid half of the initial retainer for) let me know that she represents my sister and my mother's estate, not me.

no way not in a million year's.

Yes. ANYONE named in the will is eligible to be included in the inheritance.

On the other hand, if the decedent died intestate (without a will) their property would pass according to the state laws of intestacy. In some states, children by a former marriage would automatically inherit a share. You can check the laws in your state at the related question link.

NO. A power of attorney expires upon the death of the principal. You need to submit the will to probate to have the estate probated. Real property cannot pass to the heir legally until the estate is probated. Therefore, you cannot sell the property because you don't own it until the will is probated.

When your mother died, the executor took her place. The executor may not act without approval of the probate court. Your forclosure action must be against your mother's estate, as she is deceased, there you must go to probate.

According to the laws of intestacy for that state. It varies a little from state to state, but most have adopted something pretty close to the same things.

You cannot force someone to go someplace they don't want to go. The exception would be to be appointed guardian for the individual.

Probate is usally done on people who have died and have not left any will or testament as to how their estate is supposed to be distributed. So the state takes over to decide for them specially if there is a lot of money, property, or anything of value where they might be relatives, neighbors, acquaintances, or even the government who want a piece of it. The probate court decides how the estate is going to be distriubted.

If the executor is acting in bad faith, certainly an heir could sue him for that.

This depends on how title to the house is held, the real estate laws and the intestate laws of the state where the property is. If title to the the property is held in joint names either as husband and wife or with right of survivorship, the spouse gets the property. Actually she doesn't "get it"; she already owned it but now it is hers alone. If the state has laws concering dower and curtesy, the spouse will at least get the right to live there for life. Some states have done away with dower and curtesy and provide for a straightforward possessory interest in the marital premises for life under certain conditions even if the surviving spouse has no ownership interest in it. Dower and curtesy are medieval concepts that have lost their significance, but some states still use them. Want to know how outdated they are? Dower gives a wife the right to live in the marital home for her life if her husband was the sole owner and if he acquired it when they were married. Curtesy give the same right to the husband but to all property the wife owned, not just the marital home. Ahh the old days. Inheritance laws vary from state to state. Some state intestatcy laws might give the spouse all of the estate or only part of it to the exclusion of children. Some of the laws give a spouse the first dollar amount or percentage of the estate, then divide the rest among the spouse and children. In that situation, depending on the value of the house, the spouse might not get the house but only a partial ownership interest. There can be so many variations on this question that it is almost impossible to answer. These are some things that could happen. There probably are other scenarios in other states depending on their laws. Bottom line is see what your particular state says.

You can decline to act as attorney-in-fact.

Unless he listed the fiancee in the will or made her a beneficiary on insurance or 401k, etc., she has no rights in any way to his property. If he owed money to you for a car or house, you could invoice the estate, but you would need a written agreement.

The answer depends on the nature of the power of attorney and what you mean by 'exclude'. Generally, a Durable Power of Attorney gives the attorney-in-fact the power to sign legal documents and carry on all the business of the principal even if the principal becomes incapacitated and as long as the principal is living. The POA expires upon the death of the principal.

The document that created the POA should recite the powers that are granted and many powers are provided by state law. If during the course of performing their duties and exercising their power the AIF exceeds their authority, they may be liable for any damages suffered by the principal or others. If you think the AIF is acting in a way that exceeds their power you should consult with an attorney who can review the situation and advise you of your options.