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Wills
A will is a legal statement detailing the transfer of property and belongings when a person dies.
740 Questions
Laws can and do vary from state-to-state. Consult with an attorney for questions regarding wills and other legal documents.
A lien can normally only be placed with a court order. The beneficiary can certainly take them to court. And if they win, then they can place a lien.
The executor and the court make the determination of the distribution. The benificiaries don't get to hold things up.
There is probably nothing you can do. If the debts have not been resolved, you may be able to claim some of the money back, but the property became hers and hers alone at his death.
How do you protest a decision an executor makes on selling property left to heirs in a will?
You can file an objection with the Probate Court and explain your objection to the judge. Once the judge has reviewed the objection he will render a decision. You may be able to purchase the property.
What is the time limit for the executor to settle a will in ny state?
There is no specific time limit. A complex estate can take decades to get settled.
How about the family member don't want to sign off of executor fees?
Executor fees are set by law. The family does not have to sign off on them.
What is the right of a mother to inherit from her deceased son according to US law?
Every state has its own laws regarding inheritance. The answer depends on many factors such as whether the son was married or whether he left children, whether the children are minors, whether he left a Will, etc. Generally, if a person who is not married dies his estate goes to his parents after his debts have been paid unless he left a valid Will that names someone else.
Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.
Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.
Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.
Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.
Yes, a trust can be modified or even revoked at any time under its terms. If it is a post mortem trust it can be modified by the trustees within the intent of the trust, provided it continues to benefit the same people.
One of the duties of the executor is to pay the debts of the decedent. If those charges have been billed to the decedent the executor should pay them. If there is not enough cash in the estate to pay the heirs should divide the cost and pay if they wish to keep the property.
One of the duties of the executor is to pay the debts of the decedent. If those charges have been billed to the decedent the executor should pay them. If there is not enough cash in the estate to pay the heirs should divide the cost and pay if they wish to keep the property.
One of the duties of the executor is to pay the debts of the decedent. If those charges have been billed to the decedent the executor should pay them. If there is not enough cash in the estate to pay the heirs should divide the cost and pay if they wish to keep the property.
One of the duties of the executor is to pay the debts of the decedent. If those charges have been billed to the decedent the executor should pay them. If there is not enough cash in the estate to pay the heirs should divide the cost and pay if they wish to keep the property.
Can a POA stop a person from taking money out of the bank?
The Power of Attorney does not have the ability to stop the individual that granted the POA to them. They have the rights granted in the power of attorney.
How can someone find out what a deceased assets are in probate without contacting the executor?
They can obtain the accounting of the estate provided to the probate court. In the US under the Freedom of Information Act it would be a public record.
Are wrongful death proceeds part of a NY estate?
In most cases the proceeds belong to the estate. The case may also include other plaintiffs, so it will depend on who brought the case. It will be listed on the first page of the pleadings.
What happens when you are mentally ill and you make out a will?
That would make the will vulnerable to challenges and the court may invalidate it after hearing testimony to that effect.
If your spouse was the owner of the property it will pass to her heirs according to the provisions in her Will. You should be given ample notice and time to move if they want you to vacate the premises. You should only remove your own property, not any property that belonged to your spouse.
You should also check with an attorney to determine if you have any rights of inheritance under the laws in your jurisdiction.
If your spouse was the owner of the property it will pass to her heirs according to the provisions in her Will. You should be given ample notice and time to move if they want you to vacate the premises. You should only remove your own property, not any property that belonged to your spouse.
You should also check with an attorney to determine if you have any rights of inheritance under the laws in your jurisdiction.
If your spouse was the owner of the property it will pass to her heirs according to the provisions in her Will. You should be given ample notice and time to move if they want you to vacate the premises. You should only remove your own property, not any property that belonged to your spouse.
You should also check with an attorney to determine if you have any rights of inheritance under the laws in your jurisdiction.
If your spouse was the owner of the property it will pass to her heirs according to the provisions in her Will. You should be given ample notice and time to move if they want you to vacate the premises. You should only remove your own property, not any property that belonged to your spouse.
You should also check with an attorney to determine if you have any rights of inheritance under the laws in your jurisdiction.
What happens where a testator owns a property jointly with someone else?
Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.
Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.
Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.
Property held in a joint tenancy does not become part of a probate estate. When the first joint owner dies their interest in the property is terminated and the surviving owner becomes the sole owner.
Does the executor have the right to vote the shares of stock of the corporation for decedent?
The executor has a duty to preserve the estate. That would include voting the stock to what they believe is in the best interests of the estate.
First, the probate file is a public record. You can visit the probate court, request the file and review all the contents to determine the status of the probate.
You and the other beneficiary should send a letter to the attorney that explains your concerns. It should be polite, to the point and sent by certified mail so you receive proof it was delivered. Make certain you keep a copy. If the attorney does not respond then visit the court and ask to speak with a clerk. You may be able to file the letter in the case file and the clerk may give you some advice.
If the executor and attorney continue to ignore your inquiry you should arrange a consultation with your own attorney who can review the situation, make a call on your behalf and explain your rights and options.
How do I write a letter to appoint an executor of my estate?
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
A will can be changed by the testator at any time. They do not need the signature of anyone named in the will to do so. They just have to meet the requirements for their jurisdiction.
How many executors do you need?
The more executor, the more complex the whole thing becomes. It is best to appoint a single executor.
Should proponent of will receive executor fee in Virginia?
Yes, the executor certainly may charge for their services. The amount must be reasonable and approved by the court.
