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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
That is the responsibility of the executor. They will have a letter of authority issued by the court that allows them to do so.
Can a deceased person earn dividends on a bank account?
The estate can earn dividends on a bank account. The executor is responsible for making sure this happens and it gets included in the estate.
What happens if the executor is hiding bank accounts?
They should be reported to the court that made the appointment and they should be prosecuted criminally.
What should happen:
If it is determined that an executor has been hiding assets the probate court should enter a judgment to
- Remove the executor from office;
- Appoint another fiduciary (usually the alternate executor named in the will) to take his/her place;
- Order the removed executor to turn over all assets, records and other information of the estate to the newly appointed fiduciary within a stated period of time;
- Order the removed executor to file with the court an accounting of all transactions that the removed executor has made to date;
- Order that the removed executor forfeit all or some of the commissions due to him for handling the estate.
- Order any other type of relief that may be just or equitable under the circumstances.
That depends on the laws of intestacy in your state and whether the decedent had a will leaving the property to a beneficiary. You can check the laws of intestacy for your state at the related question link.
That depends on the laws of intestacy in your state and whether the decedent had a will leaving the property to a beneficiary. You can check the laws of intestacy for your state at the related question link.
That depends on the laws of intestacy in your state and whether the decedent had a will leaving the property to a beneficiary. You can check the laws of intestacy for your state at the related question link.
That depends on the laws of intestacy in your state and whether the decedent had a will leaving the property to a beneficiary. You can check the laws of intestacy for your state at the related question link.
I was informed by a probate lawyer that i was left some money how soon will i get a check?
Call the attorney and ask. They know the timetable for that particular estate.
Call the attorney and ask. They know the timetable for that particular estate.
Call the attorney and ask. They know the timetable for that particular estate.
Call the attorney and ask. They know the timetable for that particular estate.
How do you remove appointed executor?
You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.
You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.
You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.
You need to file a motion to have the executor removed and a successor appointed. You will need to present your reasons to the court.
When you die your spouse and your children are the next of kin. What are your parents' roles?
If you have a surviving spouse and children your parents have no legal standing at the time of your death as next of kin except as heirs at law in Louisiana. See the related question for more about next of kin.
If you have a surviving spouse and children your parents have no legal standing at the time of your death as next of kin except as heirs at law in Louisiana. See the related question for more about next of kin.
If you have a surviving spouse and children your parents have no legal standing at the time of your death as next of kin except as heirs at law in Louisiana. See the related question for more about next of kin.
If you have a surviving spouse and children your parents have no legal standing at the time of your death as next of kin except as heirs at law in Louisiana. See the related question for more about next of kin.
Do you absoultely have to go through probate if the inhanters all agree?
Yes, legally a will must be filed in probate court. That makes sure that the executor is held responsible and that the appropriate taxes are paid.
Is an associate solicitor less qualified than a solicitor?
Associate is typically based on the actual position within the firm. They have less time in the firm, though they may have more actual experience. But they are fully required.
Is the inheritance tax on stocks based on the value of the date of the deceased?
The date of valuation is determined by the executor. The rules allow them to choose a date for the value. They have to state the date and use it for all the assets.
What are your rights as the adult child of the decedent if an executor is already named in the will?
The named executor must be appointed by the court. If you object you have the right to file an objection with the court within the time frame on the notice that the will has been presented for allowance and appointment of executor. You should prepare a well written objections that clearly explains your objection and also requests that someone else be appointed. You should consult with an attorney who can review the situation and explain your rights and options.
Can a fiancee claim the property of the deceased when there are survivng children?
The fiance may be a beneficiary under a will. Otherwise, they are not an heir at law. If the decedent died without a will their solely owned property will pass to their heirs at law according to the state laws of intestacy. You can check the laws in your state at the related question link.
The fiance may be a beneficiary under a will. Otherwise, they are not an heir at law. If the decedent died without a will their solely owned property will pass to their heirs at law according to the state laws of intestacy. You can check the laws in your state at the related question link.
The fiance may be a beneficiary under a will. Otherwise, they are not an heir at law. If the decedent died without a will their solely owned property will pass to their heirs at law according to the state laws of intestacy. You can check the laws in your state at the related question link.
The fiance may be a beneficiary under a will. Otherwise, they are not an heir at law. If the decedent died without a will their solely owned property will pass to their heirs at law according to the state laws of intestacy. You can check the laws in your state at the related question link.
What happens if both executors refuse the appointments in a will?
The court will appoint someone. It is often an attorney or a bank.
In most cases the grandson will be able to inherit. They would normally receive their parent's share.
Can you stop a named executor of a will from being appointed executor by the courts?
Yes. If you have a legitimate objection the court will hear it. When you receive notice that the will has been filed and the executor has requested appointment make certain you file your objection in writing by the date listed on the notice. State the facts and submit any evidence or names of witnesses to back up your objection. If the court agrees with you it will appoint a different executor.
Do other heirs need to sign if you sell the property?
The decedent's estate must be probated in order for the heirs to have legal title to the real estate. All the heirs must sign the deed. If you want to sell the inherited real property the attorney who handles the estate can advise you.
First, you are entitled to know every detail regarding the probate of your mother's estate. If you haven't received any notice from the court then it is likely your brother hasn't been appointed at all. An administrator is appointed by the court when the decedent died intestate, or without a will. No one has any authority as an administrator until they have been appointed by the court.
It is quite easy to determine if an estate has been opened and whether your brother has been appointed. All you need to do is to visit or contact the probate court where your mother lived. You can find the court by performing an online search using your mother's county, state and "probate court". You can then check your mother's name in the probate court index. If her estate has been filed, you should fine a case number.
Once an administration has been allowed by the court and the administrator has been appointed the file becomes a public record. You can visit the court, make copies, find the name of the attorney who is handling the estate and . . . you can monitor your brother's progress to make sure he acts with expediency by requesting to see the file periodically. You can obtain copies of any of the documents in the file. He cannot keep his actions secret from you. If you think he is mishandling the estate, you can file a complaint with the court and have your complaint heard.
If you find there is no probate filed for your mother's estate, you can petition to be appointed the administrator. No one has any authority over an estate until they have been appointed by the court.
No.
It generally requires a court action of some kind to remove an executor. What a "majority" wants is irrelevant; the only thing that matters is whether the executor is acting in good faith in attempting to carry out the wishes of the deceased.
Another PerspectiveThe beneficiaries can petition the court for the removal of the executor and the appointment of a successor. The complaints should be set forth in a clear and concise manner with examples of the misuse of funds. If the executor is indeed wasting estate assets the beneficiaries have a right to complain. The court will review the situation and render a decision.
What type of court can beneficiaries remove an executor and appoint someone else as executor?
Estates are generally handled by a probate court but they have different names in different jurisdictions. To make changes to the executor of an estate you need to return to the court that appointed the executor and file your complaints in the form of a motion. The staff will help you with a form. The court will consider your motion and render a decision.
Can you open an estate account without an attorney?
It is possible to open an estate without an attorney. Most of the forms can be obtained online or at the courthouse.
Can a personal representative of an estate contest payment to other siblings?
No. The court appointed estate representative must settle the estate according to the provisions in the will or the state laws of intestacy if there is no will. They have no personal discretion to dole out the assets unless that right is specifically granted in the will.
What are intestacy laws in Kentucky?
The intestate succession laws of Kentucky are too long to provide here. They delineate the heirs at law and next of kin of decedents who die without a will. You can read them at the related link.
