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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

How would a parent legally renounce paternity of an adult child that is his own child?

Not really. The child of two married individuals is legally considered to be the child of both spouses. If the child is beyond the age at which the parents have legal responsibility for him/her, the legality of paternity is almost entirely irrelevant. If is mostly just a social/family issue. The parent can refuse to see the child, refuse to speak to the child, etc.

The only remaining legal detail is writing the child out of the parents will, living will, etc., so that the child cannot make end-of-life decisions for the parent or inherit any of the parent's estate.

Several attorneys have told you your siblings can charge you and your live-in boyfriend rent for living in shared inherited property from your deceased parents is that accurate?

Not only can they charge you rent which you should gladly pay because they now have a vested interest in that property, they can choose to sell it, unless in the will it was stated otherwise. I would come to a compromise with them before your out of place to live. A house inherited is a gift to all but it is also an expense to upkeep and maintain. Let's say a house is worth $300,000 and there are 3 kids involved. Well, that could mean 100,000 each if they sell and no headaches. Now you have one sibling living in a place and theres is no income coming from the place, either by renting or selling, but there is still upkeep and maintainance. You cant see their point of view because your not shelling out anything and getting to stay in the place for free. If you can buy out their shares and the house can be yours. If not be fair buck up the money to live there and be prepared to pay for most of the maintainance yourself because you are using the home, not them.

Does anyone have a copy of Arthur Askey's film entitled - Ramsbottom Rides Again Thanks for your reply James.I did acquire a copy of the print that's doing the rounds very recently.Best wishes.?

HI THERE IM AFTER THE SAME FILM MY DADS A FAN OF FRANKIE VAUGHAN AND HE IS IN IT FOR A LITTLE BIT I HAVE LOOKED EVERYWHERE FOR IT BUT IT JUST SEEMS SO HARD TO FIND BUT I SHALL KEEP TRYING IF I GET IT BEFORE YOURSELF I WILL DO YOU A COPY OF IT AND PASS IT ON GOOD LOOK FRIEND,,,JAMES

Thanks very much, James. Good luck in your search, though I've got to admit I've never found a film so difficult to uncover - it's virtually impossible. I'll reciprocate and send you a copy if I (ever) find it first! All the best, Ron.

Hi Ron Its Me James Again Ive Got It Now A Copy As Turned Up Quality About 5/10 But Very Watchable BritMovie Are Selling it on eBay now its Same Copie All Over If U Need It Let Me No As I promised You Take Care Buddy...James

What are the rights of the natural heirs if their father was married to his wife for just a few weeks before he passed away?

This is the reason a will is so important for anyone who not a minor. It should be redone as soon you get married, have children and perhaps change it every 5 years after that. It varies from state to state. If there was not a will that listed the new wife, most states are going to protect both parties. Your father's new wife will get half the estate and his children, particularly if they are minors, will divide up the remaining half. Naturally, debtors and the government get their share. If you were not named as heirs in your father's will then it's up to your step-mother as to what she gives his children. But this could be a case where the will could be contested, citing undue influence. As always, consult a probate attorney in your jurisdiction for specifics.

Can a sister who owns 75 percent of a house be forced to sell the property by the sister who is the executrix of their deceased mother's estate?

No.

She cannot force the sale of the home, but she can file a lawsuit and request that the property be partitioned. The judge would decide if the property would be subject to sale. Judges generally give the person who does not want to sell the property the opportunity to buy out the other owner(s). This would only be possible if there were not terms included in the will forbidding the sale of the property, such as the bequest of a life estate.

How do children get access to their parents' bank accounts if their parents die while on holiday?

If the person is not on the account they cannot access the account. All assets and property of deceased persons become a part of the estate as do all debts and are handled in accordance with state probate laws.

What if your father is a bigimist when he dies do you inheret his estate or does the son of his second marriage inheret his estate?

The second marriage is invalid, so the children of that marriage are illegitimate. Whether illegitimate children are entitled to a share of the inheritance depends on the law of the particular country involved - which you do not specify.

How long after a bankruptcy discharge do you have to wait before buying a car?

There is no time restraint on purchasing anything after bankruptcy. In fact, as it is "after", barring something like intentional fraud by using undeclared resources that were available at the time of bankruptcy, your actions after filing have virtually no effect on or from the bankruptcy. In the pure sense, even if you won the lottery the week after filing bankruptcy, that wouldn't effect the pre-filing situation. Getting financing for the car may be a different matter. A lender will look at you entire credit profile, and they historically frown upon someone with a, especially recent, bankruptcy on record. However, some lenders have special programs for just tis situation, although at a higher interest rate.

What happens if one of the named executors dies?

The remaining executor takes over, or the court will appoint a new one. No will shall fail because of the lack of a named executor, the court will simply appoint one.

If a married woman with three children dies intestate how would her property be distributed?

" If there is no will , the procedure used for transferring property the deceased propert to his/her heirs is called Intestate succession. In the state of California the rules for dividing property are complex and dependent upon the relationship of kin: separate property: if the decedent has no will and leaves a spouse and one child, property is divided equally, 50-50. if there is a surviving spouse and two children, 1/3 goes to the spouse and 2/3 to the children. if there is no surviving spouse, property is divided qually among the children."

Can a surviving parent go against the original will left by the died parent and cut some of her children out of her will which was left to her by the deceased parent. Their will were done together.?

You cannot alter someone else's will, especially after they have died. Cutting people completely out of a will is always challenged in court and it is far better to leave the "unwanted people" a tiny amount of money ($1-$100 total). This is general information and not legal advice, laws vary by state, please consult a local attorney regarding local laws.

How do you find out if the executor is telling the truth?

If you mean telling the truth about what is in the estate, you should ask for a written inventory of the items, bank accounts, personal property, etc. Most states have laws that provide that after a certain period of time an executor must file an inventory or at least file one if a beneficiary demands one. If you want to know whats been going on with the administration of the estate, you might be able to have the court order him to file an intermediate accounting if administration is not completed or a final accounting if administration is completed.

Who is David R Ukec Oromo?

Internet Fraud

You might have received series of emails from a girl claiming to be the daughter of the late engineer David R Ukec Oromo of the Sudan. This is internet fraud. Do not respond.

See related link.

Is it necessary to hire an attorney for probate proceedings in Florida when a person has died with no will and the parents are the only heirs?

Yes it is necessary to see an attorney because the deceased has not left a Will. All debts of the deceased must be paid off and that is why there is "Probate." This includes property taxes, personal taxes, charge cards, etc. If the deceased had no property or nothing to leave behind then everything becomes null and void. The parents would not be responsible for those debts unless they cosigned for a loan.

You may want to consult an attorney, but if the son died without owning real estate or major assets with a title (like a motor vehicle), and no children of his own, the lawyer will probably tell you not to worry about probating the estate. Interesting that a Canadian feels comfortable answering a legal question about Florida, and that this site allows it.

How do you transfer vehicle title when owner deceased and no will?

You open an estate. That is the purpose for the estate, to transfer property and resolve the debts of the deceased.

Mother died with a will stating natural lifetime for my step father with as long as he needs it. He has now sold the house and all contents within.I am her only daughter. Am I entitled to half in KY?

Firstly, i may say that if somone dies. his will will be taken by the man he said he will give it to. But mostly, the man/woman that died will split everything to the intire family. Please ask of who has the will to tell him if you got eny part to it. If he/she sold everything in the will. please ask what was ment to be yours. There is no harm asking to see if it was truly yours... and from sadness. i speak with expiriance. Signed : The-G-Man

What is a classification of metadata and explain the features of each type of metadata?

Meta data, overall, can hold a huge amount of information about a website. However, the three most important types of meta data are:

Meta keywords (the keywords that describe what a page is about)

Meta Title (the page's title)

Meta Description (a full, but short description of a webpage.)

What is the sentence for breach of trust?

Look at the website for the CPS. It has all the relevent information. http://www.cps.gov.uk/legal/section15/chapter_p_16_20.html

Can a 35 year old adult child collect back child support from his biological father in new york state after the mother who never filed for child support is dead?

No. The statute of limitations for child support arrears in New York is twenty years from the date of the default. However, in your case it seems that your mother never obtained a court order for child support. You have no cause of action.

Can the surviving spouse get the title to a car that is in the deceased husband's name in state of Oregon?

Yes, that is the reason for probate, it so that titles can be transferred to the beneficiaries.

What is a letter of direction?

When artist sends letter to label to pay producer and subtract from artist's royalties.

In order to avoid probate after a death is it wise to have a TOD on certain items such as home furnishings and vehicles?

TOD stands for 'transfer on death'. Transfer on death (TOD) registration allows you to pass the securities you own directly to another person or entity upon your death bypassing probate. TOD arrangements can be made for all your bank accounts and your retirement accounts.

TOD is a legal agreement with an entity such as a bankwhereby upon the death of the owner of an account ownership bypasses probate and passes directly to beneficiaries. The transfer is made quickly but assets passed through this type of arrangement are subject to estate taxes, if applicable. It is very wise to make TOD arrangements for all bank accounts, investment accounts, insurance policies, etc.

In the case of a car, other tangible property, or real property, the property must be titled jointly in order for it to become the sole property of another person upon your death. Some property, such as home furnishings, cannot be "titled" and you must make a will if you want to control their distribution after your death unless you are certain your family will carry out your informal requests for distribution.

You need to consult with an attorney. TOD cannot be used for all property. An attorney could help you distinguish TOD property, and help you arrange title for your other property to avoid probate. This is called estate planning.

Meaning of In kind probate reference?

Assets are distributed "in kind" when the asset itself is ditributed. E.g. if a decedent leaves stock to someone it is distributed in kind when title to the stock certificates is transferred from the decedent's name to the beneficiary's name.

Trending Questions
Can an executor give away property spend money remove items from safety deposit boxes allow cars to be used paint landscape the dead persons property before the will is filed for probate? Can the executor of my stepfather's estate refuse to probate the will or let his heirs read it? Do the remains of the deceased become part of the estate or should they be turned over to the heirs? Can a grown child live in mother house after she died before will goes to probate? What is a Waiver of notice of hearing of inventory? Where can you find out if you are a benificary of your deceased father? Can Estate letters of testamentary be used in different states? Should children or the surviving spouse be the beneficiary? How do you file to be the administrator of the estate for your mother who died without a will and with almost nothing of value in Delaware County in Ohio? Can a homestead allowance override a will? What are duties of an executor in wv? What happens if the beneficiaries and heirs were notified after the will was probated and a executor was assigned? If property is left to a beneficiary in fee simple can the executor sell it? Who has legal rights if my fiance deceases myself or his adult children? Is it possible to withdraw from being executor of an estate in Ohio? When a person dies is their estate automatically placed in probate? How is property title transferred after probate is closed? Can a person remove themselves from being an executor of a will? Will with beneficaries but no executor? If Father with early dementia marries younger woman and changes will leaving out only daughter can it be contested?