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Wills
A will is a legal statement detailing the transfer of property and belongings when a person dies.
740 Questions
Hold on there. You are not a beneficiary until the testator has died. If the person who wrote the Will is alive, mentally incompetent and in need of care, their own assets can be sold in order to provide that care. You have no legal interest in their estate whatsoever as long as they are living.
The only person who would have the authority to sell off the assets of a mentally incapacitated person is an attorney in fact under a durable power of attorney or a court appointed guardian under a license issued by the probate court.
Hold on there. You are not a beneficiary until the testator has died. If the person who wrote the Will is alive, mentally incompetent and in need of care, their own assets can be sold in order to provide that care. You have no legal interest in their estate whatsoever as long as they are living.
The only person who would have the authority to sell off the assets of a mentally incapacitated person is an attorney in fact under a durable power of attorney or a court appointed guardian under a license issued by the probate court.
Hold on there. You are not a beneficiary until the testator has died. If the person who wrote the Will is alive, mentally incompetent and in need of care, their own assets can be sold in order to provide that care. You have no legal interest in their estate whatsoever as long as they are living.
The only person who would have the authority to sell off the assets of a mentally incapacitated person is an attorney in fact under a durable power of attorney or a court appointed guardian under a license issued by the probate court.
Hold on there. You are not a beneficiary until the testator has died. If the person who wrote the Will is alive, mentally incompetent and in need of care, their own assets can be sold in order to provide that care. You have no legal interest in their estate whatsoever as long as they are living.
The only person who would have the authority to sell off the assets of a mentally incapacitated person is an attorney in fact under a durable power of attorney or a court appointed guardian under a license issued by the probate court.
What you are supposed to do if someone makes a fake will after the owner of the will dies?
Wills (real or fake) can be contested in court. A judge will rule on the matter.
If you are a natural heir or named in the will, you may have legal standing to bring a court challenge to any will, not to mention how the estate is actually divided.
When is a will determining distribution of estate read to survivors?
Whether or not a will is "read" to the heirs and beneficiaries varies by the custom of the country and state. Here in the United States, the custom of getting everyone together and reading the will to them is no longer followed (unless the Decedent placed special instructions in the will for this to be done.) Although, sometimes the attorney for the executor will meet with the family and describe the probate process and the will.
What is important, at least in California, is that the holder of the original will lodge it with the court within 30 days of the date of death. (Lodge means to file with the court, but without starting an action.) This protects the will from loss. Failure to do this step can result in damages assessed against the holder of the original will (if, for example, an heir losses out on his or her inheritance.)
For more information and probate, estate. and wills, take a look at the offerings in your local law library. Or, check you local county bar association for a lawyer referral service or with a local probate attorney.
The beneficiaries do not have the ability to transfer property. The executor can deed the property to whomever it is being sold or distributed to. The executor can also transfer the deed to the estate while determining disposition.
If a person who owns property conveys it by deed before their death and they bequeathed the same property to someone else in their will, the deed prevails. If the property was already conveyed to someone else the property was not part of the estate assets when the testator died.
Can wife block estate settlement of husband?
She can delay the settlement of the estate by filing objections and claims against the estate.
She can delay the settlement of the estate by filing objections and claims against the estate.
She can delay the settlement of the estate by filing objections and claims against the estate.
She can delay the settlement of the estate by filing objections and claims against the estate.
Request an updated letter from the court. They can reissue the letter for you.
You should have complained to the court three and a half years ago. He can be compelled to produce an accounting of his activity and he can be replaced by the court. You should also file a complaint with the board of bar overseers in your state. You have let it go too long.
You should have complained to the court three and a half years ago. He can be compelled to produce an accounting of his activity and he can be replaced by the court. You should also file a complaint with the board of bar overseers in your state. You have let it go too long.
You should have complained to the court three and a half years ago. He can be compelled to produce an accounting of his activity and he can be replaced by the court. You should also file a complaint with the board of bar overseers in your state. You have let it go too long.
You should have complained to the court three and a half years ago. He can be compelled to produce an accounting of his activity and he can be replaced by the court. You should also file a complaint with the board of bar overseers in your state. You have let it go too long.
The duty cannot be transferred in that manner. The court has to appoint a new executor.
She is interfering with the distribution of the estate. She can be sued.
Can a parent disown an adult child?
Yes. That is typically accomplished by disinheriting that child in your Will.
The beneficiaries have no authority as to how an estate is to be handled. That is the duty of the executor or executrix who will be held personally and legally accountable to the court for all assets and property belonging to the deceased. Therefore the executor has a legal obligation to inventory ALL property and assets and to accurately enter them into the probate filing of the estate.
We are separated but not divorced. When my husband dies am I still legally entitled to his estate?
Yes. You will inherit under your state laws as his surviving spouse under the state laws of intestacy if he has no will. Even if he has a will leaving his property to someone else you are entitled to a portion of his estate under the doctrine of spousal election law in most states. You can check your state laws of intestacy at the related question link provided below.
Yes. You will inherit under your state laws as his surviving spouse under the state laws of intestacy if he has no will. Even if he has a will leaving his property to someone else you are entitled to a portion of his estate under the doctrine of spousal electionlaw in most states. You can check your state laws of intestacy at the related question link provided below.
Yes. You will inherit under your state laws as his surviving spouse under the state laws of intestacy if he has no will. Even if he has a will leaving his property to someone else you are entitled to a portion of his estate under the doctrine of spousal electionlaw in most states. You can check your state laws of intestacy at the related question link provided below.
Yes. You will inherit under your state laws as his surviving spouse under the state laws of intestacy if he has no will. Even if he has a will leaving his property to someone else you are entitled to a portion of his estate under the doctrine of spousal electionlaw in most states. You can check your state laws of intestacy at the related question link provided below.
What happens to your IRA at death?
An IRA requires a named beneficiary. If there are no beneficiaries named, it will be a part of the estate.
Do probate attorneys protect the interest of the heirs?
Yes, by making certain the estate is settle properly according to the provisions in the Will and the state laws regarding estates.
Yes, by making certain the estate is settle properly according to the provisions in the Will and the state laws regarding estates.
Yes, by making certain the estate is settle properly according to the provisions in the Will and the state laws regarding estates.
Yes, by making certain the estate is settle properly according to the provisions in the Will and the state laws regarding estates.
Can a gift with gift letter prior to death be part of the estate?
Yes, it can be brought back into the estate. Any gift given within two years can be brought back.
What is the Government Notified Sale Normal Sale in Australia?
The Government Notified Sale Normal in Australia means that you will be notified when to move after the government's property that you are currently residing in has been sold.
What to do if your father left everything in his will to his wife but he was depressed at the time?
What do you want to do? The will is valid. Depression does not invalidate it, and the spouse is a natural heir.
How do you relinquish rights as an executor in NJ?
In New Jersey, an executor can relinquish their rights by filing a formal renunciation with the county Surrogate's Court responsible for overseeing the estate. The renunciation should be a clear and unambiguous statement of the executor's intent to waive their rights and responsibilities. It is advisable to consult with an attorney for guidance and assistance in navigating the legal process.
There is no such law. The executor has the power, from the court, to settle the estate.
