Probate

The executor should contact the beneficiary to see if the check was ever received. If it was they should request it be cashed immediately. If not, depending on the type of check used, that executor should arrange for a replacement. It would seem that the checks were simply mailed out with no request for the beneficiary to sign any release. A signed release shows the funds were received.

That would be determined in the settling of the estate. As part of the settlement, the vehicle will be sold, given to the appropriate person or returned to the dealer.

Yes. if it was parole, no. They would have to put you in a halfway house. In this situation they dont have to provide anything to you because you fell through the system. It is you that have to get on your feet.

They want to know what property was included in the estate and where it went.

You need to return to the court that issued the original letters.

You must look to the trust document to determine how you make a change in the trustee. You must follow the provisions in the trust.

As a general rule, none. California does not recognize common law marriages. But, exception do exist.

One, you are named as a co-owner. Here you have a right to a portion of the property. If you are named as a joint tenant, you may receive all of the property (along with any other joint tenants or co-owners.)

Two, you are named as a beneficiary of the decedent's estate or trust, or a beneficiary of a bank or brokerage account, life insurance policy, retirement or IRA account, or (for real property) the beneficiary of a transfer on death deed.

Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.

Belongings are to be divided equally between Beneficaries or goes to cherities

*********

It also depends, initially, whether there is a will and appointed Executors.

Generally, a person who kills another cannot benefit from the death. For example, a husband who murders his wife cannot inherit from her estate. It would pass to her other heirs. A son who kills his father cannot inherit from his father's estate. A sister who kills her brother in order to get his inheritance will lose her right to benefit from the estate. All the above mentioned murderers must be found guilty in order to be barred from inheritance.

That is up to the executor to decide. They can use any method they wish to do so, as long as the court approves. In most cases they want to sell as few things as possible.

Yes. Generally that person would appoint an agent who can act on their behalf. You should discuss this with the attorney who is handling the estate. A simple "Appointment of Agent" form is available from the probate office. You could grant that power to the resident co-executor or some other trusted person who is available to co-sign for you as co-executor.

Yes.

No. If any changes need to be made you must petition the court to amend the Letters and issue new ones.

Someone must petition the probate court to have the will allowed and to appoint an executor. The executor will have the authority to settle the estate according to the terms of the will under the supervision of the court.

First, no one is an executor until the will has been allowed by the probate court and the court has appointed the executor. Until appointed by a court, an executor has NO power.

Once appointed, the executor MUST follow the provisions of the will regardless of their personal feelings. The executor has no personal interest in the estate. They perform their responsibilities under the supervision of the probate court and will be held personally liable for any misbehavior.


Every person has the right to decide what will happen to their property when they die. Those wishes are expressed in a will. Only a judge can modify the terms of a will after the testator has died..

Generally, you need a license from the court to mortgage the property.

This will depend upon how the property was held. More information is required, such as the relations of the parties: did each of the three people hold a 1/3 interest, or is the property titled between a husband and wife and then a third person? In the event that the three owners were tenants in common (no right of survivorship), then the dead party's interest in the home would pass to their family according to your state's intestacy succession scheme.

Yes, an executor can turn down the responsibility. The court will appoint another person and would probably approve it without a second thought.

Yes, all wills in Indiana must go through the probate process. That makes sure all of the legal requirements are met and taxes paid.

Yes, one of the disadvantages of living together without marriage is there is no inheritance right. The estate gets the property so that they can close the debts of the deceased according to the laws.

The inventory of the estate should be filed as soon as possible. It has nothing to do with paying creditors. Rather it is a picture of the assets owned by the decedent at the time of death. It enables the court to supervise the estate. After the debts have been paid and the estate is distributed the court requires the executor to file a final account that details where all the property listed in the inventory went. It will be compared to the inventory for accuracy.

As long as the will was properly drafted and is allowed by the court the executor and the beneficiary can be the same person.

In most cases the laws allow that. The representative must provide full accounting to the court as to what the costs were. In some a specific fee is set, either based on a percentage, or an hourly rate. Consult an attorney in your area for specifics.

Not if there is a named beneficiary living. that makes it separate from the
Estate of the deceased. example my mother recently passed away while she left a life insurance policy and stated me as the beneficiary, she also had one on me and she was the sole owner. Which makes that life insurance policy part of the estate since there was no other person who was named as owner hope that helps.