probate rules blog

Archive for December, 2008

my clear title says i am sole ownner with no liens. my probate judge ruled i am sole owner. the dmv gave me new registration and license plate. gmac says they will take me to court as the contract has not been paid. who is right? isn't the law on my side?

If the Judge ruled in your favor, and the DMV issued you a clean title, the car is yours.

I'd tell GMAC "See you in court." GMAC should have been named on the old title if they had a claim on the car, and if they didn't file the necessary paperwork with the court, that's their problem.

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for a will…i am the executor.

Probate is essentially a multi-fold discovery process.

You have an estate. You must discover, to the best of your ability to do so, the content and value of the estate. If the will was recently updated, you are in luck.

You have potential for creditors and debtors to the estate. You must discover, to the best of your ability to do so, the list of creditors and debtors and the magnitude of all debts owed either way. This might take a while if the will doesn't give you direct answers.

You have some number of heirs. You must discover, to the best of your abiilty to do so, which people are legit heirs and which are bogus and which are just unlucky. State laws and other factors such as family rivalries and outright greed might make this part unpleasant.

The bad news is that if someone died who was not a good keeper of records, this is a nightmare. The good news is that an attorney can help you - and get court help where needed - to discover at least some of these things.

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i need to know how to complete a formal intestate will, as quickly as possible?
ok, here is the problem, i need to know they type of forms that are needed for the state of utah if that helps any

Don't understand your question. Dying intestate means that the deceased does not have a Will. If the deceased's family wants to probate the estate, the estate is filed with the county probate court. There are both pro and con reasons to not go into probate court and attorney you work for needs to make that decision. If you are attempting to draft a Will, again the attorney needs to get involved.

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My son was killed and I opened a Probate case to determine what he had, to cover burial expenses. Now not sure what to do regarding going back to court or what? I don't have a lawyer so am relying on help.

* General Duties* The general duties of an executor or administrator of an estate are to:

1. Collect the assets of the estate;
2. Pay debts and taxes owed by the decedent or the estate; and
3. Distribute the estate in accordance with the will (or, if there is no will, in accordance with the laws of intestacy).

*Initial Tasks Shortly after death, it is usually necessary to:

1. Arrange for the funeral (if there is no surviving husband or wife, children, or other next of kin). You have probably taken care of it already.
2. If there is an unoccupied residence, make sure that it and any valuables in or around it are secure.

Within Three Months of Death

1. Notify banks, employers, insurance companies, stock brokers, and others of the death, and begin identifying assets and liabilities of the decedent.
2. If appropriate, arrange for the decedent's mail to be forwarded.
3. Advertise the grant of letters by the Register of Wills. This is required by Court Rules in all states.
4. Send required written notices to beneficiaries under will and to heirs at law, with certification to the Register of Wills.

Inventory all assets and have them appraised and insured, if necessary

Collect debts owed to the estate

Check with the deceased’s employer for unpaid salary, insurance and other employee benefits

File for Social Security, civil service or veteran benefits

File for life insurance and other benefits. Note that in most cases, life insurance is paid to named beneficiaries. The Personal Representative is acting to assist in the filing of proof of death claims.

File the decedent's final city, state and/or federal income tax returns.

File state death and federal estate tax returns. Note that some states, such as Pennsylvania, provide a discount for early payment of Inheritance Taxes.

Pay valid claims against the estate. Payment of funeral bill and expenses of last illness are preferred claims. In this category, if there is health insurance, you may need to work with health insurance companies to insure that hospital and medical insurance claims are filed.

Distribute assets and obtain receipts from beneficiaries. Be careful and do not distribute to beneficiaries until after you are sure that all claims against the estate are paid. If you make an early distribution to beneficiaries and claims are later made, you will have to ask for some money back or pay the claim out of your own assets.

File accounting and other papers to finalize the estate.

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A foreigner passed away outside of the UK but left a bank account inside of the UK, The money has to be passed to his/her spouse outside of the UK. What is the most economic way to do this? Does the deceased foreigner have to register the death in the UK authority etc. etc.?

You probably won't need to register the death with the government authorities.But I expect the bank will need to see at least a copy of the Death Certificate and probably also the foreign will.They may want the will to be resealed here (i.e officially authenticated) Depends on which foreign country we are talking about and what the deceased's domicile was.This is a specilaised area.Ask the bank first and then a specialist in foreign wills.

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Mom died in 2004. Went to probate court and got her will authorized . Court decree says anyone in possession of anything belonging to her should turn it over to us to do as if we were initial owners. He maintains this stuff belongs to him and hints at giving it away. Can he do that? How can I get him to give the stuff up?

I believe you can get law enforcement to go with you and take a copy of the court's order giving you possession of the items. Good luck.

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my father didnt leave a will and his wife (not my mother)has his papers,and insurance ETC,we cant even get death certicate,cause fureal home left someting out on it. please help?

The first thing I would do is to contact the funeral home and have them to resubmitt the paper work. It should take about three weeks to clear that up, then get copies of the new dealth certificate, you have rights as his child.

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I have researched this question for three years and can find no logical reason for allowing every county!, in every state!, of our country to run their Probate Courts like individual Feifdoms!, as if every county were a law unto itself? (allowing no appeal to a higher authority beyond the probate judge who makes the ruling)!

And allowing (acting judges) who are no more than probate attournies!, to make life ruining decisions based quite frequently on hearsay!, and uninvestigated allegations!, submitted to the court as truths, when they are nothing of the kind?
Federal Law makes clear that a court investigator will investigate all disputed allegations!, however this seldom happens, as the courts are so backed up with cases that there is little manpower available to investigate properly!

So court investigators meerly record allegations and outright lies into their reports!, without looking into the truthfulness of said facts!

And this is what the judges ruling is based on!
my question concerns the civil rights violations consistently overlooked by every county Probate court in the country!

Making life ruining desicions based on outright lies that are excepted as truthes by
County Probate Judges without even the bare minimum of investigation into the veracity of sworn affidavitts to the court by family members who's single interest in thier parents is the preservation of thier inheritance! of which cannot be allowed to dissipate at the hands of them who worked all thier lives to earn said monies, in order to enjoy the last years of life to the utmost!!

Could someone address that issue? could someone tell me why it is that if the probate court refuses to aknowledge fully investigated and verified facts that would overturn rulings of mental incapacity and reduced cognative ability, whereby ending Probate control over the dispersal of conservatee's finances!, Then those facts are denied! and are never allowed into the case files! just by ignoring them

Our system of Government was set up as a Republic. they were well afraid of too strong of Federal Government and sit the nation up as individual states and the Federal Government to only have that power that was given it,

Basicly each state was to have the right and ability to be self governing.

Well that went to >>>> in a handbasket before too long and that was one of the main issues of the civil war, with the south supporting state rights and the union supporting a much stronger and powerful federal government.

So now we have federal income tax ( which is actually unconstitutional) but who listens to me. And a Federal Army, not merley each state supply troops for a Federal defense.

But some issues like capital punishment, murder laws, theft laws, and of course Probate laws, have been left alone for now, since I guess there is not enouigh money in them for the feds to want to be invovled.

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The probate process deals with individuals that do not have a will and the court process deals with financial matters for the family estate. Avoid the hassle of losing family inheritance money to the government by creating a will with tips from a registered financial consultant in this free video on finance and investment.

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