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Wills
A will is a legal statement detailing the transfer of property and belongings when a person dies.
740 Questions
What is New york state revocable trust trustee fees?
I guess what ever is agreed upon that a court would find reasonable.
The "residuary clause" means what's "left over" after paying the bills, paying the specific bequests of property, dollar amounts and percentages to specific parties.
For instance, "... and my golf clubs to my friend Bernie, $10,000 to my sister Jane, 50 percent of whatever is left to my brother Jack, and the rest residue and remainder to the Boys and Girls Club of Dorchester, where I spend many a happy hour as a lad." This allows the distribution of the entire estate without escheating the remainder to the state treasury, or having to figure out who are the other "heirs at law" when there turns out to be $5,000,000 left to shell out.
Can the executor for your mother change anything in her will?
The executor has no right to make changes. The only person that can change it is the mother or the court.
Any executor must be appointed by the probate court. If joint executors are named in the Will they must petition to be appointed by the court. They can only be removed by the same court.
How do you change the deed with no last will testament and multiple children of the deceased?
The court will appoint an executor for the estate. They will have the authority to transfer the property according to the intestacy laws of the state. It may also require the court's approval.
Can you cash an inheritance check and still sue the executor?
Yes. You can sue as long as you have a valid complaint against the executor.
Can you exclude an estranged sister from your father's will?
No, you have no rights to change your father's will.
The executor has the duty to preserve the estate in all aspects, including making money for it. The heirs' consent is not necessary.
Can a executor sell land that belong to benifery?
The executor has no power over anything not owned by the estate. However, they can sell anything in the estate necessary to pay off debts.
You really should. The trust will contain only the items that you have placed in the trust, and you can also specify in the trust where personal items should go. Please remember to have your attorney transfer your home(s) and other real property to the trust; your attorney should do it so that you don't inadvertently trigger a taxable event.
Anything that you own that is not in the trust (automobiles, bank accounts, etc.) will be handle by probate court in you do not have a will to cover all the possibilities. You should have a living will as well, and arrangements for durable power of attorney.
I am not an attorney, but I have helped my mother in her estate planning.
What it an unlimited martial deduction?
On an estate tax return, all property that is included in the gross estate and passes to the surviving spouse is eligible for the marital deduction. The property must pass "outright." Since there is not limit to the amount that can be deducted, it is an unlimited marital deduction. For more information, see IRS Publication 950 at http://www.irs.gov/pub/irs-pdf/p950.pdf
No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.
Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.
No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.
Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.
No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.
Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.
No. First, the executor has absolutely no authority until the will has been submitted to the probate court and she has been appointed the executor by the court.
Once the executor has been appointed they have the obligation to settle the estate as expeditiously as possible. She cannot take over the property and live there indefinitely. The other siblings should consult with an attorney who specializes in probate law and hire them to probate the estate. If that sister is named the executor in the will, they can object to her appointment due to her behavior and they can choose one of the remaining siblings to petition for appointment.
No, they cannot over ride the appointed administrator. They would have to get the court to remove the letter of authority.
Can your brother as the executor stop someone who is heir from moving in the house?
Yes, the executor has that ability. They are responsible for the property, including who has the use of it. They have to maintain the property and pay taxes and keep it in repair.
What can beneficiaries of a will to do if the executor of the estate refuses to reveal the contents?
Assuming the testator of the will is deceased, the person's having need to know may file a request with the probate court for a copy of the Will. If the testator is not deceased, only they can make the contents of the will known, the executor would be acting on the behalf of the testator in matters of confidentiality and could not reveal the terms.
Do children automatically inherit their parents property in South Carolina?
The spouse normally takes priority on property. If there is a will it will take precedence.
Changes to a Will are called Codicils. Codicils are drafted in the same form as a Will and must clearly state which items are to be changed, stricken or added. The Codicil should be attached to the Will so that it can be submitted to Probate with the Will after the death of the testator. As long as a valid Codicil can be found and submitted with the Will it is effective. It doesn't have to be attached. However, if it can't be found after the death of the testator, the court will allow the Will without any changes.
Any person in possession of a Codicil to a Will is required by law to submit it to the Probate Court after the death of the testator. It is against the law to purposely withhold a Will or Codicil from Probate. Any person doing so is subject to prosecution. Any interested party should file a complaint with the Probate Court that names the person who is withholding a Will or Codicil.
Changes to a Will are called Codicils. Codicils are drafted in the same form as a Will and must clearly state which items are to be changed, stricken or added. The Codicil should be attached to the Will so that it can be submitted to Probate with the Will after the death of the testator. As long as a valid Codicil can be found and submitted with the Will it is effective. It doesn't have to be attached. However, if it can't be found after the death of the testator, the court will allow the Will without any changes.
Any person in possession of a Codicil to a Will is required by law to submit it to the Probate Court after the death of the testator. It is against the law to purposely withhold a Will or Codicil from Probate. Any person doing so is subject to prosecution. Any interested party should file a complaint with the Probate Court that names the person who is withholding a Will or Codicil.
Changes to a Will are called Codicils. Codicils are drafted in the same form as a Will and must clearly state which items are to be changed, stricken or added. The Codicil should be attached to the Will so that it can be submitted to Probate with the Will after the death of the testator. As long as a valid Codicil can be found and submitted with the Will it is effective. It doesn't have to be attached. However, if it can't be found after the death of the testator, the court will allow the Will without any changes.
Any person in possession of a Codicil to a Will is required by law to submit it to the Probate Court after the death of the testator. It is against the law to purposely withhold a Will or Codicil from Probate. Any person doing so is subject to prosecution. Any interested party should file a complaint with the Probate Court that names the person who is withholding a Will or Codicil.
Changes to a Will are called Codicils. Codicils are drafted in the same form as a Will and must clearly state which items are to be changed, stricken or added. The Codicil should be attached to the Will so that it can be submitted to Probate with the Will after the death of the testator. As long as a valid Codicil can be found and submitted with the Will it is effective. It doesn't have to be attached. However, if it can't be found after the death of the testator, the court will allow the Will without any changes.
Any person in possession of a Codicil to a Will is required by law to submit it to the Probate Court after the death of the testator. It is against the law to purposely withhold a Will or Codicil from Probate. Any person doing so is subject to prosecution. Any interested party should file a complaint with the Probate Court that names the person who is withholding a Will or Codicil.
First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.
First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.
First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.
First you must bring the situation to the attention of the court. It can compel the executor to expedite the probating of the estate or can remove the executor and appoint a successor. However, you must notify the court of the problem.
Can a Executor lock a Beneficiary out of an estate?
Yes, they can lock them out. The executor must preserve the estate. That may include removing people from the property and selling it.
How long does the executor of a will have until he has to give you your money?
There is no time frame specified for closing an estate. The executor has to satisfy the court that they have resolved all the debts before doing the final distribution.
Can a executor of estate change What is in a will?
Absolutely not. If they try they should be reported to the court immediately and removed.
Absolutely not. If they try they should be reported to the court immediately and removed.
Absolutely not. If they try they should be reported to the court immediately and removed.
Absolutely not. If they try they should be reported to the court immediately and removed.
Only the children can sell the property which they jointly own. The executor cannot sell it, unless the children ask him or her to do so on their behalf.
Is there anyway to keep your last will and testament from becoming public knowledge?
If you own property at the time of your death the will must be probated and your estate becomes a public record. There is no way you can change that process. It is the law. If you have no will (intestate) and you own property at the time of your death your estate must be probated. The court will appoint an administrator and your estate will become part of the public record. The only way to keep your business private is to do some careful estate planning so that you own no property in your own name at the time of your death. Perhaps you should discuss it with an attorney who specializes in estate planning.
If you own property at the time of your death the will must be probated and your estate becomes a public record. There is no way you can change that process. It is the law. If you have no will (intestate) and you own property at the time of your death your estate must be probated. The court will appoint an administrator and your estate will become part of the public record. The only way to keep your business private is to do some careful estate planning so that you own no property in your own name at the time of your death. Perhaps you should discuss it with an attorney who specializes in estate planning.
If you own property at the time of your death the will must be probated and your estate becomes a public record. There is no way you can change that process. It is the law. If you have no will (intestate) and you own property at the time of your death your estate must be probated. The court will appoint an administrator and your estate will become part of the public record. The only way to keep your business private is to do some careful estate planning so that you own no property in your own name at the time of your death. Perhaps you should discuss it with an attorney who specializes in estate planning.
If you own property at the time of your death the will must be probated and your estate becomes a public record. There is no way you can change that process. It is the law. If you have no will (intestate) and you own property at the time of your death your estate must be probated. The court will appoint an administrator and your estate will become part of the public record. The only way to keep your business private is to do some careful estate planning so that you own no property in your own name at the time of your death. Perhaps you should discuss it with an attorney who specializes in estate planning.
What is the phone number of the courthouse that you have to contact for a letter of administration?
You need to contact the probate court in your particular jurisdiction. You can check online by performing a search using the county, state + probate court.
You need to contact the probate court in your particular jurisdiction. You can check online by performing a search using the county, state + probate court.
You need to contact the probate court in your particular jurisdiction. You can check online by performing a search using the county, state + probate court.
You need to contact the probate court in your particular jurisdiction. You can check online by performing a search using the county, state + probate court.
Does Oklahoma State Law override a Last Will and Testament?
A Last Will and Testament has authority and legitimacy in any jurisdiction because and only because it has been made legitimate by the laws of that jurisdiction. That is, for a Will to be considered valid in Oklahoma, it must conform to Oklahoma law. The law does not override the Will because the will has no effect without the law in the first place.
