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Wills
A will is a legal statement detailing the transfer of property and belongings when a person dies.
740 Questions
If funds need to be used that are in a trust how do you get the funds out?
Funds that are held in trust are under the complete control of the trustee. The provisions of the trust dictate how the trustee will manage those funds. You need to review the terms of the trust with the trustee and determine how and if the funds can be accessed. If the terms of the trust are insufficient or there is no provision under which the trust property can be accessed then a court of equity has the power to modify the trust. You may need to seek the advice of an attorney who is familiar with trust law in your state.
Should debts be paid before executor gets their fee?
It will depend on the estate. The executor is entitled to their fee by law, and that can take precedence over debtors.
That will depend on the names on the property deed or registration. If we are talking about gifts of electronics or other items, there is none. If it is a piece of real property (land or house), the deed will control. If the only name on the deed is that of the deceased, the adult children have no say and the deceased can do what they wish with it.
Do you need a wills and probate expert?
To write a Will or probate a Will- yes.
To write a Will or probate a Will- yes.
To write a Will or probate a Will- yes.
To write a Will or probate a Will- yes.
Do material items have to go through probate?
Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.
Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.
Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.
Yes. Any property owned by a decedent should be probated for distribution to heirs after the debts have been paid.
How do I buy your mothers home she passed and she had a reverse morage?
You can purchase the home from the bank and estate. It will require that the mortgage be paid off and a fair market price paid for the home.
Is it legal to leave someone one of your body parts in your will?
No. There are laws that restrict the disposal of human remains.
That will depend on what the will says. In most cases, the bulk of the of estate would be expected to go to the spouse.
Does community property law over ride an executors deed?
Yes, community property takes precedence. The estate cannot do something with property that does not belong to them.
That person's share (who died without issue) would go to his parents first, or to his siblings next, or to his siblings' children.
What if executor has died before applying for grant of probate?
If at the time of death of the testator the named executor is deceased the court will appoint a successor. Another family member can petition to be appointed the executor or the family can nominate a successor who must be appointed by the court.
Can my sister the executrix sale my deceased dad's home without sibling signatures?
The executor would have that authority. They don't need anyone else's permission.
There is no requirement to do so. The executor does not even have to be notified that they were appointed.
Can an executor to an unsigned will be the sole beneficiary in uk law?
If the will is unsigned, the will is not considered valid. The laws of intestacy would apply.
How can you have the court appoint a third party executor for Texas estate?
There are several reasons why the court would appoint a third party executor for a Texas estate. You can have the court appoint a third party executor for an estate once all family members that were named as executors are unsuitable to be an executor.
Who can get copy of probated will in NJ?
A probated will is a public document. Anyone can obtain a copy.
A probated will is a public document. Anyone can obtain a copy.
A probated will is a public document. Anyone can obtain a copy.
A probated will is a public document. Anyone can obtain a copy.
Can a testamentary trust be revocable?
No. A testamentary trust is irrevocable. The maker is deceased and cannot revoke it.
No. A testamentary trust is irrevocable. The maker is deceased and cannot revoke it.
No. A testamentary trust is irrevocable. The maker is deceased and cannot revoke it.
No. A testamentary trust is irrevocable. The maker is deceased and cannot revoke it.
What are the reception hours of the office of Bituach Leumi in Jerusalem?
It depends what you need to go for. For opening hours of the various departments, see the Related Links.
How do you change executor of estate in Missouri?
Yes an executor can be changed. The court has to approve the change and re-issue the letters of authority.
What is a sole residual beneficiary?
The residuary estate is everything not specificallymentioned as gifts. The sole residual beneficiary is that person named in the Will to receive the residuary estate.
The child who is living in the home will need to come to an agreement with the other siblings who are the new owners of the property along with the resident sibling. They may need, or decide, to sell the premises and divide the net proceeds among the heirs.
The child who is living in the home will need to come to an agreement with the other siblings who are the new owners of the property along with the resident sibling. They may need, or decide, to sell the premises and divide the net proceeds among the heirs.
The child who is living in the home will need to come to an agreement with the other siblings who are the new owners of the property along with the resident sibling. They may need, or decide, to sell the premises and divide the net proceeds among the heirs.
The child who is living in the home will need to come to an agreement with the other siblings who are the new owners of the property along with the resident sibling. They may need, or decide, to sell the premises and divide the net proceeds among the heirs.
Civil court.
Actually the first step would be to contact a lawyer and have them write a notice of demand to produce the required paperwork. In that letter state a reasonable time period and make it clear that if the papers are not produced at the end of that time period they will be sued for pertinent damages.
Civil court will allow you to sue for the amount in cash for which you have been damaged by the persons actions. This includes the legal fees for the lawyer who wrote the letter and the cost of filing the lawsuit. Beyond that you will need to determine the actual value of what this person is holding back from you.
Note that you cannot sue for time lost from work to appear in court and abstract damages such as emotional pain are rarely awarded. You will need to document actual cash values that you have lost due to this persons actions.
If the person is smart they will simply turn over your copies without going to court.
Be sure that when you send them the notice of demand that it has been notarized and sent in a way that allows tracking so that you can prove it was delivered (preferably signature delivery).
If forced to take this to court you want to be able to show the judge that you have attempted to be reasonable and that this person has refused to cooperate in legally turning over paperwork that you require and have a legal right to obtain.
Also make it clear to the judge that you view civil court as a last resort and that you would prefer the papers be turned over along with only the out of pocket expenses in damages paid (cost of court, cost of lawyer to write document) and that any additional damages you list were the theoretical damage that could be caused by this person not handing over the documents (such as whatever share of the trust should have been yours to administer)
Im afraid legal action is the only path to force someone that is not being rational or reasonable.
Added: SIMPLE ANSWER: Notify the Probate Court of your difficulties with your co-executor. The court will deal with the matter and resolve the situation.
Do I still owe a personal debt if my father dies?
You father's death does not release you from your obligation. You now owe the money to the estate.
