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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
Can you be both a witness and a personal representative for the same will?
No. A third party who is not mentioned in the will should act as witness.
What happens to child support when the father dies and he had remarried?
A claim can be made against the estate on behalf of any minor children. The custodial parent should consult with an attorney or a child support enfocement advocate at the court. Generally, minor children cannot be disinherited even when the decedent has left the estate to others by will. Generally, state laws will provide for the minor children.
In addition, the children will be eligible for Social Security benefits in the United States.
The mother can file a claim against the father's estate. She should seek legal advice or speak with a court advocate about how and what to file.
How do you calculate executors compensation when you are also a beneficiary?
The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.
The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.
The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.
The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.
I've changed my name due to marriage. How do I update my living trust?
A copy of your marriage certificate should be enough to document the name change.
In most, if not all, states a copy of a will can be admitted to probate under the "lost will" theory. The lost will theory is an exception to the general rule that if the original will is not found among the personal papers and possessions of the decedent, it is presumed to have been destroyed and therefore revoked by the decedent. But this is only a presumption and it may be rebutted if certain facts can be proved. Keep in mind that it is certainly possible that the will could have been simply misplaced by the testator or even stolen by some other person with the intent to suppress it. If it can be proved that the decedent did execute a will in proper fashion, that he/she did not revoke it and that the photocopy is a true copy of the original will, then the court will admit the will to probate. The photocopy of the will is not itself admitted to probate. It is used as evidence of the will that had been executed. Frequently, the judgment for probate "re-creates" the lost will by transcribing the contents of the photocopy into the body of the judgment itself. If the person wants to try to probate a lost will, he/she should get the attorney to give over the photocopy. If the attorney is unwilling, the action to probate the lost will can be filed and a subpoena issued to the attorney to deliver the copy to the court.
How long does probate of a will usually last in Oklahoma?
Probate can be a long process. At a minimum it will take about 4 months. Anything under a year is considered pretty timely. There are some estates that are still open after decades of work.
Is an IRA part of probate assets if a non spouse beneficiary was designated?
No. The general rule to remember is that any financial instrument (whether life insurance, IRA, etc.) with a beneficiary that CANNOT be changed by will also CANNOT be transferred by will, and is therefore a non-probate asset.
By definition, an IRA that designates a non-spouse beneficiary does NOT pass through a person's estate. Rather, the beneficiary designation and terms of any related contract determine who receives the assets.
Rules governing bank accounts are much more state-specific and harder to generalize.
In any case, don't take my word for it. Consult an estate planning attorney licensed to practice in your state!
If you are an estate administrator how long do you have to wait for a lien to placed on estate?
The periods are different in every state. You need to check the time period for filing claims for your state. You should ask the attorney who is handling the estate. If there is none then you need to check your state probate code.
What executors are allowed to probate a will in the state of Texas?
The executors that are appointed by the court. The court will issue a letter of authority to the appropriate executor(s).
Can a witness be the executor as well?
In the UK: Yes. Provided they have nothing to gain from the Will.
Are you able to draw money from your deceased mothers estate before probate is complete?
The executor is capable of doing so. As long as it is obvious that all the debts can be resolved, the executor can make distributions.
Can a will still be contested six months after probate?
Possibly, depending on the facts of the situation and the law of the jurisdiction where the probate was done. Many states limit will contests to short periods of time like 6 months or even less. However, in New Jersey for example, if a person is one that is required to be given notice of the probate but didn't get it and if that person is otherwise not aware of the probate, a court might (stress:might) grant permission to file a will contest out of time. These are rare, because there is a real need to have finality in the transfer of a decedent's property. Consult an experienced lawyer to see if your situation fits the requirements.
In intestate cases probate proceedings begin when someone file a petition for?
The probate of an intestate estate is commenced when someone files a Petition for Administration.
Yes, as long as the court concurs. If there are enough assets to cover the debts without selling the property, they can create a trust. This is often done for minors.
Do you have to pay federal inheritance tax on 20K inherited from your mother?
You don't have to pay taxes on a 20K inheritance from anyone. However, what will happen is taxes can be taken out of the 20K.
Can my son's estate be sued by the person driving the car he hit?
Yes, the estate can be sued. It would be a claim against the estate.
The answer depends on several factors. If your aunt died owning any property her estate must be probated. If she died testate (with a will) her estate will be distributed according to the terms in her will. If she died intestate (without a will) her estate will be distributed according to the state laws of intestacy. Under the laws of intestacy in most states you would be entitled to your father's share. You can check the laws of your state at the related question link below.
Do all wills in the state of Virginia have to go into probate?
Yes, in Virginia a will must go through the probate process. That makes sure all of the legal requirements are met and taxes paid.
If items are sold before probate do they have to be returned?
It is not necessary to return items sold before probate. But there must be a full accounting and all monies put to the estate.
Yes. Judges have the authority to render decisions that affect the ownership of real property. You haven't included all the details such as the reason for the order. The executor's actions must have been questionable and the evidence went against the validity if the transfer.
Does a surviving spouse in Texas have to get surviving children to sign before he sells his home?
That depends on how you and your spouse held title to your property and whether the surviving children are the children of both the decedent and the surviving spouse. You should consult with an attorney.
Any property owned by the decedent will pass according to their will or the state laws of intestacy if they had no will. You may have an interest in the property as the surviving spouse depending on the laws of your state both as an heir-at-law and possibly under the doctrine of election. You should consult with an attorney who can review your situation and explain your options under your state law. You can check the laws in your state at the related question link provided below.
Do you have to have a lawyer to probate a will if the will dictates who is teh executor ?
If you already have a named executor, there is no need for a lawyer.
The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.
Of course, it depends on the details and you have not provided any.
The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.
Of course, it depends on the details and you have not provided any.
The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.
Of course, it depends on the details and you have not provided any.
The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.
Of course, it depends on the details and you have not provided any.
