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Wills
A will is a legal statement detailing the transfer of property and belongings when a person dies.
740 Questions
No. If you are sure that she left a Will you should consult with a probate lawyer who can review your situation and explain your options. If your grandmother owned any property in her own right she had the right to leave it to her grandchildren. However, she could not make gifts of any property she owned jointly with her husband.
You should ask to see the Will. It is illegal to withhold a Will after the death of the testator in most jurisdictions. An attorney could send a letter to your grandfather advising him that her Will, if any, must be submitted for probate. If you can't afford an attorney then you can visit the probate court and ask to speak with a clerk about filing a motion to compel your grandfather to submit the Will to probate.
How does being a trustee on a parent's irrevocable trust affect Chapter 7?
It should have any impact unless you are a beneficiary of the trust.
Under what circumstances can a Last Will and Testament be considered null and void?
Briefly: Every jurisdiction has its own requirements for executing a valid Will. If those requirements are not met the court will not allow the Will for probating. Generally, the testator must be of legal age and of sound mind. The will must be properly signed and witnessed (or in some states, must be in the testator's own handwriting). A Will can be challenged for reasons that include undue influence over the testator by some other individual.
There are other reasons a Will may be declared void depending on the laws in the jurisdiction. A Will written prior to marriage is invalid in most jurisdictions. In some jurisdictions a divorce automatically revokes any will made during the marriage. Other factors can modify a Will include additional children being born after the making of the Will, or someone electing to take part of the estate 'against the Will.'
Free lawyer help to contest wills?
Probably not available. You may file an objection yourself and explain your reason to the judge.
Do executrix receive any kind of stipend for handling deceases issues?
Unless specified in the will, yes. Most states have a specific fee the executor is allowed to collect.
Generally, yes. You need to review the particular trust. The trustee has only the authority that is set forth in the document that created the trust. It is very common for the trustee to be instructed that distribution be limited to education and medical purposes. The trustor creates a trust so she/he can control the distributions. They don't want their money to be wasted.
Generally, yes. You need to review the particular trust. The trustee has only the authority that is set forth in the document that created the trust. It is very common for the trustee to be instructed that distribution be limited to education and medical purposes. The trustor creates a trust so she/he can control the distributions. They don't want their money to be wasted.
Generally, yes. You need to review the particular trust. The trustee has only the authority that is set forth in the document that created the trust. It is very common for the trustee to be instructed that distribution be limited to education and medical purposes. The trustor creates a trust so she/he can control the distributions. They don't want their money to be wasted.
Generally, yes. You need to review the particular trust. The trustee has only the authority that is set forth in the document that created the trust. It is very common for the trustee to be instructed that distribution be limited to education and medical purposes. The trustor creates a trust so she/he can control the distributions. They don't want their money to be wasted.
Should a husband add his wife's name to the deed or just leave the house to his wife in his will?
A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.
A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.
Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.
A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.
A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.
Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.
A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.
A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.
Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.
A wife's name should be on the deed to the property as a tenant by the entirety or a joint tenant with the right of survivorship. That way, when the husband or wife dies, the surviving spouse will own the property with no need of probate.
A proper survivorship deed can save on considerable legal expenses later if the property remains in only the husband's name and his estate must be probated. The property will be used to pay any outstanding debts of the husband. If those expenses cannot be paid, along with the legal costs of probate, then the house will need to be sold to pay them.
Also, in addition to avoiding probate, a tenancy by the entirety provides special protections against creditors.
How can you find out if a will is filed with the court my mother is still living and has alzheimers?
A will is not filed with a court until after the person dies.
However an enduring power of attorney is filed for people who can not look after their affairs any more.
In both cases the will and or enduring power of attorney documents need to have been prepared (signed and witnessed) by the person BEFORE they lose their mental faculties.
If you are trying to find a will or power of attorney document, the place to start is with your mother's solicitors. They will probably have the original on file.
If there is no will, it is to late for her to make one now and when she dies she will do so "intestate" and the state will be responsible for administering here estate as the laws of your country dictate.
If you are after powers of attorney, to deal with your mother afairs now that she can not and there is no documentation signed by here indicating how she would want this done, then you will need to get a solicitor (attorney) to apply to a court for these powers.
How do you find someone's bank account?
One can find out information about opening a bank account at a number of places. One can go to a bank, like Chase or Citibank, and speak with a cashier or one could go to the Citibank or Chase website.
No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.
No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.
No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.
No. A "payable on death" account does not become part of the probate estate. It would be paid by the bank directly to the named beneficiary.
The construction of your question reveals much confusion regarding the probate process. The withdrawal of a Will contest does not make the executor the owner, it allows the court to appoint the executor. A person is not the legal executor until they have been duly appointed by the probate court.
Once appointed the executor has the authority and responsibility of settling the estate without any interference by the beneficiaries.
What are the steps to redeem deceased visa travelers checks as an executor of the estate?
They would present their letter of authority to the issuing entity, along with the checks. That should allow the fund to be returned to the estate.
The beneficiary has not control over the will. The court will determine who the executor will be.
That is one of the duties of the executor. They have to inventory the assets and debts of the estate. Then they will be able to liquidate the debts and distribute the assets.
What court do you file a motion to replace an Estate Executor?
You file a motion at the court where the estate was filed.
You file a motion at the court where the estate was filed.
You file a motion at the court where the estate was filed.
You file a motion at the court where the estate was filed.
Does a last will and testament override any previous wills?
The most recent will supersedes all previous wills. The will could specify that certain parts of a previous will remain valid.
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
If all heirs and the executor agree can assets be distributed differently than what the will states?
Generally, no. The distribution in the final account should coincide with the distribution set forth in the will. However, if all parties agree they can join in a petition to the court explaining the situation and stating the changes they want to make. The court can review the situation and render a decision that may result in a court order allowing the changes. State laws vary and you should consult with an attorney who can review your situation and explain your options under the laws in your jurisdiction.
For example, in one particular case, one child's name was omitted from the will. All the other children joined in a petition to the court explaining that the child had a good relationship with his father and they honestly believed his name was omitted by mistake and had no objection to his being considered an equal heir. The court agreed and issued a court order to that effect.
Generally, no. The distribution in the final account should coincide with the distribution set forth in the will. However, if all parties agree they can join in a petition to the court explaining the situation and stating the changes they want to make. The court can review the situation and render a decision that may result in a court order allowing the changes. State laws vary and you should consult with an attorney who can review your situation and explain your options under the laws in your jurisdiction.
For example, in one particular case, one child's name was omitted from the will. All the other children joined in a petition to the court explaining that the child had a good relationship with his father and they honestly believed his name was omitted by mistake and had no objection to his being considered an equal heir. The court agreed and issued a court order to that effect.
Generally, no. The distribution in the final account should coincide with the distribution set forth in the will. However, if all parties agree they can join in a petition to the court explaining the situation and stating the changes they want to make. The court can review the situation and render a decision that may result in a court order allowing the changes. State laws vary and you should consult with an attorney who can review your situation and explain your options under the laws in your jurisdiction.
For example, in one particular case, one child's name was omitted from the will. All the other children joined in a petition to the court explaining that the child had a good relationship with his father and they honestly believed his name was omitted by mistake and had no objection to his being considered an equal heir. The court agreed and issued a court order to that effect.
Generally, no. The distribution in the final account should coincide with the distribution set forth in the will. However, if all parties agree they can join in a petition to the court explaining the situation and stating the changes they want to make. The court can review the situation and render a decision that may result in a court order allowing the changes. State laws vary and you should consult with an attorney who can review your situation and explain your options under the laws in your jurisdiction.
For example, in one particular case, one child's name was omitted from the will. All the other children joined in a petition to the court explaining that the child had a good relationship with his father and they honestly believed his name was omitted by mistake and had no objection to his being considered an equal heir. The court agreed and issued a court order to that effect.
Can a spouse go to the court and get a copy of the will if he is not named executor?
Once the will has been filed with the court it becomes a public record and anyone can obtain a copy from the court.
Once the will has been filed with the court it becomes a public record and anyone can obtain a copy from the court.
Once the will has been filed with the court it becomes a public record and anyone can obtain a copy from the court.
Once the will has been filed with the court it becomes a public record and anyone can obtain a copy from the court.
Why can't the power of attorney and executor of the estate be the same person?
A power of attorney is extinguished upon the death of the principal. An executor is the person appointed by the probate court to handle a decedent's estate. One office serves the living and the other office serves the deceased.
How do you stop an injuction order preventing the sale of property?
You can't generally stop an injunction once its been issued. The courts are reluctant to interfere in a case before another court unless they believe their court was proper original jurisdiction and the other court erred in finding it had jurisdiction. So, you probably begin by filing a motion to reconsider with the court that issued the injunction seeking relief. You need to read the record for why the injunction was granted and produce a preponderance of evidence supporting an opposite decision based on the body of evidence presented to the court that persuaded it to issue the injunction, or an error in how the law was applied.) If that fails you can take an appeal on the ruling on your motion. Unless they were majestically wrongheaded, the appellate is likely to consider the original court's finding of fact as final so any appeal would be based on how the lower court applied the law to the facts as it found them rather that how a faulty finding of fact by the lower court was properly applied.
Can your brother executor of your moms will legally disinherit you from her will?
The executor does not have that power. Their job is to execute the will as written.
What if in the will it states who the executor is?
The court will issued the letters of authority to the named executor. If they decline, the court will appoint someone else.
Can an executor have the attorney change a will without written consent?
No, the executor has no right to change a will. Only the testator can change a will.
