Probate

The answer depends on the laws of the state of probate, because not all states have the same such laws. In general though, the executor can make such a loan, but with some limits. An executor has complete control and possession over all the assets of the estate and has the duty to invest those assets so that they earn the estate income during administration. In that sense, it is possible that an executor could make a loan to a beneficiary at an interest rate higher than what could be gotten if the funds were kept in an estate account. The loan would have to be made with a competitive rate of interest, because those monies would be in the estate account earning interest but are instead in the pocket of the beneficiary. The executor must make absolutely sure that the loan is protected from loss or he will have to pay for any losses.

All states have laws which are referred to as prudent investment acts or some similar wording. They describe the types of investments that executors may make. Some states might specifically prohibit such loans. Others might allow them, but may require more security than just the anticipated inheritance. Those laws must be reviewed first.

There are many dangers in making such loans so they are usually not done. Sometimes beneficiaries lose their rights to inherit or have their rights attached by creditors. If that happens, the executor cannot claim that he has given the beneficiary the inheritance ahead of time. The executor could find himself in the position of having a worthless loan with no security.

No. She must file the will with the probate court and request appointment as the executor. If she is appointed then she will have the authority to settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. The will and probate file becomes a public record once it is filed and you can monitor her activities as executor.

No. When one joint owner of an account dies the account will become the sole property of the surviving owner with no need of probate.

Simply tell the court you don't wish to serve. They will appoint someone else as the executor. If there are no family members willing to serve, the court will appoint an attorney or bank to do the work.

You need to inquire at your local probate court.

Generally, the UK fiduciary would need to open an ancillary administration in Florida to have the power to deal with the land situated there or to have title pass to the beneficiaries. The state would accept the appointment made in the UK with the filing of exemplified copies. You should contact an attorney in Florida who specializes in probate who can explain your options.

No. An executor is the person who has been officially appointed to settle the estate. The executor does not answer to the heirs and they do not direct the actions taken by the executor. They do not need the permission or involvement of the heirs. Although the executor may, at their discretion, encourage the interested parties to express an opinion regarding the sale, the executor has the legal power and authority to make the final decision.

There is no specific time frame in Ohio. The law suit has to be settled, the estate has to be inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.

You are going to need an attorney for this. It's best to spend the money to protect your rights in the Will. Just because someone is executor (male) executrix (female) doesn't give them the right to sell any properties, spend any monies (other than pay the deceased creditors or back taxes) and they have to account for every cent. It can get complicated if the Estate is a fair size so it's best to get legal advice as soon as possible. If you can't afford an attorney you can go through the court system. Also, if you type in "Google" then type in: Executor duties for the State of Texas From there you can ask google many questions about the Will. This can help lead you in the right direction. Be sure you know your law to some degree before you accuse your sibling of misappropriation of funds. They do have the right to spend some of the money in the case of writing off debts of the deceased, funeral costs, paying out-standing personal taxes or property taxes. They'd better be keeping books on this because the you can contest the Will if you feel the Executor has stolen funds, committed freud and they WILL be made accountable. Good luck Marcy

if you pay probation but not on the day due do you have time as long as your probation is not up

The executor has the power (and an obligation) to gather all the property of the estate for appraisal, inventory, disposal or distribution according to the terms of the will, in conformity with local statutes. The executor can nicely ask for an accounting of the missing property (where is it? who has it?), ask for the property to be returned, and then sue to have the property returned from whomever is currently in possession of the "stolen" goods.

Hope it doesn't come to that.

The only reason to make a counterfeit Power of Attorney would be to steal another person's property. It would be a criminal offense. You should report the person to the police and to the local district attorney's office and take with you any evidence you can obtain such as bank withdrawals. They may be arrested, prosecuted and punishment would be up to the court.

No. An 'executor' has absolutely no power or authority until they have been appointed by the probate court.

Most people do not charge for administering an immediate relatives estate. They can waive the fee and often do to avoid family squabbles. In some states the rate is proscribed in the probate laws. Consult a probate attorney in your jurisdiction for specifics.

You need to file a motion with the court asking it to compel the co-executor to sign.

In the state of Illinois, if a person whose parents are deceased has been named executor of their estate, yes, all of their financial information will be given to the living executor upon request.

Your query doesn't contain much detail so the answer will be general information. Once property has been transferred to a trust it is no longer in an individual's estate as long as the trust is valid. Therefore, when that individual dies, the property they transferred to the trust is not part of their probate estate. That is one of the basic reasons for creating a trust.

Your query doesn't contain much detail so the answer will be general information. Once property has been transferred to a trust it is no longer in an individual's estate as long as the trust is valid. Therefore, when that individual dies, the property they transferred to the trust is not part of their probate estate. That is one of the basic reasons for creating a trust.

Your query doesn't contain much detail so the answer will be general information. Once property has been transferred to a trust it is no longer in an individual's estate as long as the trust is valid. Therefore, when that individual dies, the property they transferred to the trust is not part of their probate estate. That is one of the basic reasons for creating a trust.

Your query doesn't contain much detail so the answer will be general information. Once property has been transferred to a trust it is no longer in an individual's estate as long as the trust is valid. Therefore, when that individual dies, the property they transferred to the trust is not part of their probate estate. That is one of the basic reasons for creating a trust.

You need to check the laws in your particular state since state laws vary regarding the drafting of wills. In some states a child need not be mentioned in a will and the disinherited child can do nothing except try to challenge the technical validity of the will. In some states the testator must mention in the will that they have intentionally omitted their child(ren) or the will can be vulnerable to challenge. A minor child cannot be disinherited.

If you have further questions you should consult with an attorney in your area who specializes in probate law.

Tricky and the laws will depend on the jurisdiction. Most will not allow a minor outside of their jurisdiction, so that they can validate the welfare of the child.

You need to go to court to get your parental rights if you have not already. Immigration status have no bearing on parental rights so if the mother dies you will get the child. She can not will the child away from the other parent. It's not the will that will decide where the child goes but the court. What she wants for the child is just a wish since you can not will a child away as if they were property. So go get shared custody, visitation rights etc. If she dies and you have custody you can take the child to your home country if you wish.

No, they are not of legal age. Their guardian must do it.

About 80% of the Third Estate were agricultural workers or peasants who lived and worked on the land owned by the Nobility or the Catholic Church. They were the subsistence farmers, swineherds, shepherds, dairymen, milkmaids and vinters who produced the grain, meat, produce and wine that fed and clothed the nation.

No, only the court needs to approve the appointment.

No, only the court needs to approve the appointment.

No, only the court needs to approve the appointment.

No, only the court needs to approve the appointment.

The executor is entitled to compensation for their time and effort. The court will approve the payment at the going rate.

It depends. If the deceased had a spouse (or if he was in a polygamous marriage) but if he had no descendants, the spouse (or spouses) will inherit the estate. If there are only descendants but no spouses, then it will be they who inherit the estate. In case there are both spouse(s) and descendants, the spouse will receive R125 000 and the balance will go to the children. Also, if there are neither descendants nor spouses, the parents (or one parent and the other descendants of that parent) will split the estate equally.