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Wills

A will is a legal statement detailing the transfer of property and belongings when a person dies.

740 Questions

Can my sister as the executor demand things from you or put a monetary value on things you had split from yo?

That is part of their responsibility. They are to inventory and value all of the items in the estate. Then they settle all debts and distribute the remainder as the will or the intestacy law directs.

How do you not take responsibility of executor in a will in Washington state?

Simply decline the appointment. The court will appoint someone else. It may be a third party, which will reduce the estates value.

Can the conservator be the executor if executoe is deceased?

That will depend on the probate court. The individual could be appointed as the new executor. Or the court could appoint another neutral party.

What does an Executor release form look like?

RELEASE, RECEIPT, AND INDEMNITY

The undersigned, , hereby acknowledges receipt of payment of services on (Date)___________ interest in the residuary estate of Bonnie Jean Brill (a.k.a. Bonnie W. Brill) . The undersigned hereby releases and forever discharges and [executors], both in their capacity as independent executors of the estate of , and individually, of any and all claims of any kind which distributee ever had, now has or hereafter can, shall or may have, under the Last Will and Testament of decedent and with respect to the administration of the estate of decedent.

Distributee acknowledges that he/she has been provided with sufficient disclosure with respect to the terms, provisions, costs of administration and asset allocation prepared by executor. The undersigned hereby indemnifies executor, both individually and as the independent executors of the estate of decedent, from any and all liability resulting from the accounting and asset allocation in connection with the estate.

This receipt, release, and indemnity shall inure to the benefit of the predecessors and successors of all parties specifically released above and is binding on the undersigned, in his/her individual capacity and as a beneficiary under the Last Will and Testament.

SIGNED: ________________________

[Distributee]

SIGNED:________________________

[Distributor]

Do you need spousal consent to change your IRA beneficiary in Alabama?

That is a federal requirement. Retirement benefits always have to be done in conjunction with the spouse.

Where does a grandchild file to become executor of grandparents will?

At the appropriate county courthouse. There is typically a packet that can be obtained at the courthouse.

Does a Last Will and Testament have to be double-spaced?

There are no format requirements for a will. It has to legible and it has to be witnessed by the appropriate number of people. Some states allow for a holographic will without any witnesses.

What if you are named as executor and do not want the responsibility and the person whose will it is is still living and refuses to remove your name?

You can wait until they pass away. Then you can decline the responsibility and the court will appoint someone.

How long after death does an executor have to wait for medical bills before dispersing funds?

He has to advertise for at least 90 days. And he has to contact the hospital directly to inquire about outstanding debts.

What does a sole beneficiary of a will expect?

The sole beneficiary can expect to inherit all the property owned at the time of death of the testator after any debts have been paid.

What are your legal rights for information and accountability when your brother has power of attorney for your father?

You have no right to information if your brother has a durable power of attorney.

However, if you think your brother is mishandling or wasting your father's property you should discuss it with your father. If your father is still legally competent he must control the supervision of his AIF. Encourage him to allow you to review his accounts. Your brother should be able to account for every penny coming into your father and every penny going out. He should not be co-mingling his own funds with those of your father. An unscrupulous attorney in fact can take advantage of an elderly principal and steal their money. The courts are well aware of this problem.

If your father is not legally competent you can petition the probate court to be appointed his conservator or guardian and that appointment would extinguish the power of attorney. If you have valid reasons to suspect your brother of misbehavior you should seek the advice of an attorney who specializes in probate law and who can review the situation and explain your options.

How long do you have to probate a will--is there a time limit for payouts of non contested wills?

It will depend on the specific estate. All of the debts and taxes must be paid and everything inventoried before reporting to the court.

How long do you have to probate will in Monmouth County New Jersey?

In the state of New Jersey there is no specific time frame. The estate has to be inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.

What happens to a retirement annuity when a member passes away and no beneficiary has been nominated but someone has been appointed to handle estate?

The proceeds would be paid over to the decedent's estate and pass under the Will or according to the laws of intestacy if there is no Will.

The proceeds would be paid over to the decedent's estate and pass under the Will or according to the laws of intestacy if there is no Will.

The proceeds would be paid over to the decedent's estate and pass under the Will or according to the laws of intestacy if there is no Will.

The proceeds would be paid over to the decedent's estate and pass under the Will or according to the laws of intestacy if there is no Will.

Can an executor sue a ex spouse who owes money to estate after 10 yrs?

It will depend on the documentation and when the debt was incurred. The executor can bring suit on behalf of the estate.

Why do wills need to be probated?

The purpose of a will is for a person to direct the distribution of her property after her death. Title to the property devised under a will does not vest in the devisees until the will has been "proved and allowed" by the appropriate court. The court decides if the will meets the technical requirements of the state where the decedent lived. Therefore, a will does not become operative until it has been presented to the court. After determining that the will meets the technical requirements, the court appoints an executor and title to the property passes according to the will. The only means by which the title to real property passes to the heirs is through probate.

Are executor fees taxable in New York state?

They are income for the executor. Yes, they are taxable.

How is something given to someone that is willed to another person when the testator is on their death bed?

A person may give property away on their death bed. The will is not enforceable on that item because the decedent no longer owned that property at the time of their death.

A will distributes the property owned by the decedent at the time of their death. Testators often give away property during life even when they have mentioned the items in their will. They may have forgotten or they may have changed their mind. In any case, the death bed gift is valid. After the death occurs that property is not part of the testator's estate so it cannot be distributed under the will.

How does executor of a will access a checking account?

First they need a letter of authority from the court. They present that to the bank and will be able to access the account.

What to do when executor quits?

Ask the court to appoint another one. If no one wants to volunteer, the court will assign an attorney or bank to represent the estate. They will get paid at the legislated rates for the jurisdiction.

Can an executor keep money willed to another by hiding funds?

They can do so if they wish. But it would be a breach of their fiduciary duty and their duty to the court. It could result in criminal charges.

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