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Wills
A will is a legal statement detailing the transfer of property and belongings when a person dies.
740 Questions
Was George Washington an abolitionist?
Yes, Lincoln believed slavery to be morally wrong and wanted to see it ended.
However, he knew it was and had been sanctioned by law, and he acknowledged the effect abolition would have on slave owners - his plan was to buy the owners out and achieve emancipation that way.
In the end the requirements of the US civil war lead him to simply declare the emancipation.
They do not have that right. The executor is responsible for the property and can allow, or not allow, access to the premises. The executor has to inventory the property of the estate and value it before distributions can be made.
Can you remove an executor without going to court?
Not once they have been appointed as executor. The court has issued a letter of authority to that executor. That will have to be cancelled and a new one issued to the new executor.
Certainly not, it would be theft.
Each estate must be separately administered. Fathers creditors will need to be paid from father's estate, necessary tax forms will be filed. Father's estate will need to be distributed according to the father's will, i.e., the residual to the surviving spouse. The estate of the spouse is then probated by the administrator of the wife's estate, as required by the wife's creditors and heirs.
What if a person is not in compliance with the will?
Assuming that you are asking this question from the point of view of the estate's Executor - if you have an attorney assisting you in the probate process, bring it to their attention immediately. If not, bring this fact to the attention of the Probate Court for its action.
Do you sign a legal document to become executor of a will?
No. You have absolutely no legal authority until you have been duly appointed by the probate court. In fact, your signing as an executor when you haven't been appointed may constitute fraud and the contract would not be binding on the other party.
No. You have absolutely no legal authority until you have been duly appointed by the probate court. In fact, your signing as an executor when you haven't been appointed may constitute fraud and the contract would not be binding on the other party.
No. You have absolutely no legal authority until you have been duly appointed by the probate court. In fact, your signing as an executor when you haven't been appointed may constitute fraud and the contract would not be binding on the other party.
No. You have absolutely no legal authority until you have been duly appointed by the probate court. In fact, your signing as an executor when you haven't been appointed may constitute fraud and the contract would not be binding on the other party.
What happens to house if husband dies without will in WA?
It is going to depend on the type of deed for the property. If it was purchased while they were married, she would expect to become the sole owner of the home, subject to any mortgage.
There is no reason to inform anyone. It isn't any of their business who is named in the will.
How do you start the probate process if there is no will?
The probate process is commenced by a petition to the probate court for some interested party to be appointed the Administrator of the estate. Each jurisdiction has its own requirements as to who is eligible to serve in that position.
If the decedent owned any property you should consult with an attorney who specializes in probate law. Estates must be settled according to the law in your particular jurisdiction. Creditors must be paid first and tax returns may need to be filed. The Administrator is personally responsible for any errors made during the probate process.
Can you get results in a court case in Indiana via the internet?
It depends on the specific district and court. More and more are making their ruling available online.
Does the state of Pennsylvania probate send notice to heirs?
To properly conduct probate, all natural heirs are notified. Beneficiaries named in the will are also notified.
Can the executor sell property without all beneficiaries approval in New York state?
No, the executor cannot sell property that is in a trust.
- First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.
- Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.
- The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.
No, the executor cannot sell property that is in a trust.
- First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.
- Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.
- The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.
No, the executor cannot sell property that is in a trust.
- First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.
- Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.
- The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.
No, the executor cannot sell property that is in a trust.
- First, if the property is owned by a trust then it is not part of the estate and is not under the control of the executor.
- Second, the property is under the control of the trustee of the trust who must manage the property according to the provisions set forth in the document that created the trust. You need to review that trust document and look for provisions regarding the sale of property.
- The same person can hold several positions but their position as executor of an estate is separate from their position as the trustee of a trust. As an executor they cannot sell property that was placed in a trust by the decedent.
How can a person get the last will and testament of a deceased aunt?
You can visit the court where the Will was filed and obtain a copy.
You can visit the court where the Will was filed and obtain a copy.
You can visit the court where the Will was filed and obtain a copy.
You can visit the court where the Will was filed and obtain a copy.
Can a executor go to jail for spending money of the estate?
Since an Estate is already under the jurisdiction of a Court and a Judge, the Judge handles any malfeasance, e.g. wrongdoing. An executor (male) or executrix (female) has been empowered by the Court to take a narrowly defined set of actions on behalf of the Estate and the deceased. If the executor or executrix steps outside those boundaries, in particular the misuse of money belonging to the Estate, the Judge can strip the person of the executor or executrix title, appoint a non-family person (an independent person) to oversee the Estate, and can fine the executor or executrix or impose Contempt of Court against the person. Contempt of Court can result in serious, heft fines or jail until the fine is paid, or the Judge changes his/her mind. In other words, yes it is a crime. But because the executor or executrix is working on behalf of The Court and its Judge, the police do not need to do anything--the Judge has full legal right and duty to act. The executor or executrix will be ordered to return any monies to the Estate.
It should be noted, the executor or executrix is "paid" a Court approved amount for the duties they perform. This can be removed from Estate monies, but must be accounted for in the Administration papers they file with the Court. This accounting must be accurate for every dollar and cent spent to pay creditors or to the executor or executrix. IF a family member believes or has evidence of wrongdoing, they can bring a motion in front of that Court / Judge to review the matter. Any family member can make a legal motion, preferably through an attorney, during the process.
Is the executor responsible for distributing inheritance?
That is the job of the executor. To distribute the estate and liquidate the assets.
Does a married couple need to create individual wills for each?
Yes, each person should have their own will, although there is certainly no law against having interlocking wills. It is somewhat rare for both parties in a marriage to die at the same instant, meaning the will of one of them will be administered before the will of the other.
Does authorization for executor of an estate have an expiration date?
It will depend on the laws in their jurisdiction. Most have an expiration date associated with them. The executor can apply for an extension and will have to submit annual accounting, as well as pay taxes on the estate.
What constitutes an estate in wills and probate?
All of the assets belonging to the deceased. That would include all property rights, personal belongings, money and investment instruments. The Executor also has to include all gifts given in the last two years prior to death.
Can a child inherit a mothers house if deceased step father's name is still on the deed?
In the event the step father is deceased, yes. But, you will need a copy of the death certificate showing that he is in fact deceased. Also you will need to know if he had a will that willed the property to someone else.
What happens to your Will if your house is sold while you're still living?
You no longer own the property at the time of your death. Therefore, if you devised it in your Will that gift would lapse and have no effect.
You no longer own the property at the time of your death. Therefore, if you devised it in your Will that gift would lapse and have no effect.
You no longer own the property at the time of your death. Therefore, if you devised it in your Will that gift would lapse and have no effect.
You no longer own the property at the time of your death. Therefore, if you devised it in your Will that gift would lapse and have no effect.
The same requirements needed for the will need to be met. It does not require the same attorney, just the proper witnesses.
Is a executor in NY state responsible for debt if it is more than the assets?
The executor is not personally responsible for the debts. If the estate is not sufficient, the debtors will not get paid in full.
