Archive for February, 2009
What is probate? rules and procedures
What is Probate?
The probate rules and procedures seems to many outside the legal world to be a long, drawn-out and expensive process for settling a deceased person’s affairs. Many times the probate may be fairly straight-forward and not require an attorney. You may wish to have a probate attorney review your case. This information is not legal advice and is meant to give you an overview of the process.
What is Probate?
The term probate means “to prove” the will through a proceeding that usually occurs in court. However, a will does not always exist (or is not available) and laws are established in each state to deal with the orderly distribution of assets to those who are entitled to inherit them..
What is Involved in Settling an Estate?
Please go to the Executor page for a detailed description of the duties and liabilities of the personal representative.
1. What personal property and real estate (if any) is owned by the deceased person
2. Pays any taxes or debts that the deceased person may owe (including costs of doing probate), and
3. Distribute all real and personal property which remains to the rightful beneficiaries
This property is said to be owned by the “estate” of the deceased person and must remain so until the judge or other court-appointed person says it may be distributed. However, it is often necessary to sell the property in order to satisfy the debts of the estate to close the probate.
How Long Does It Take to Settle an Estate?
The entire probate rules procedures will differ from state to state and the size and complexity of the “estate.” In some states, small estates may even avoid a formal probate, however the debts must still be paid. The minimum time an estate will likely be open is probably from six months to a year; often more depending on the complexity of the estate.
Am I married if I did not send the papers to probate court?
My husband and i married 5yrs ago but I never sent the paperwork to the probate court. Are we married legally?
I would like someone with legal knowledge or experience to answer this not just someone’s input or advise.
I want to get a dissolusion if we are married
It is time to speak with your lawyer. This is not something to guess about, even with the assistance of well intentioned strangers online.
If you do not have an attorney, use the lawyer referral service of your state bar association.
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Who do I get an automobile titled in the name of the probate estate?
Why would you want to title a car in the name of an estate? Most people are trying to get the cars out of the name of the estate. Either way, you need the executor of the estate to go to motor vehicles.
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Probate court : property in two states . How do I change name on deeds?
My dad died over a year ago. I am his Exo. He lived in Mass. and has a house there. He also ownes land in Maine . Currently we are in the Mass. Probate court with his house in Mass. How do I change the name on the property in Maine to minr? Should I go to Probate Court in Maine also?
I assume exo means executor, or exe. Once you have probated the will you just need to provide the Clerk of the Court in Maine with the proof that the property now belongs to you. They will put it in your name. You might have to pay document fees.
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What does it meen when you are told the Property you are buing has to go through Probate Court?
I was left some Property that was in a Living Trust. I have been tring to sell the Property but have been told it has to go through Probate Court,I thought that was what the Trust was for. What can I do to speed up the process?
Consult with a lawyer. Have them examine the trust. If the trust was drawn up properly you should not have to go through probate.
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With regard to executor mismanagement/misconduct - what can happen if they are found guilty?
The executor of my mother's estate (she died without a will) has comingled the estate funds with his personal accounts and not provided documentation/accounting of estate balances/payments. We have recently learned that some royalty checks have been cashed and pocketed (he says they were used to pay bills of the estate but the last bills were paid over a year and a half ago; these checks are from more recently than that). My sister and I have still not received any money from the estate, although we are sole beneficiaries on 2 accounts. We have hired an attorney but they seem to want to get it all settled and done with. We want to know what can happen to the executor for his misconduct? The attorney the executor has hired is trying to take the blame for most of it - the judge ruling on the probate has admonished them in court and threatened to remove the exeucutor but at this time that would seem pointless; she died in May of 2004? We are frustrated with the whole situation!
If your mother died without a will, then her Personal Representative was administrator, not an executor.
Administrators are normally required to post bond unless the estate is very small ("voluntary administration" in New York, for example).
You should see if you can claim against the administrator's bond. If there is no bond, you can get a judgment against the administrator.
But you haven't given enough facts.
The first thing to do is to file a request (motion) for an accounting.
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Is it legal for a landlord to box up a renters property if they are deceased and the estate is in probate?
My father had passed away and while his estate was in probate court appointing me the executor his landlord had went into his apartment and boxed up his personal belongings without notification to me.
you can not put something that doesn't belong to you in a will. If he has a landlord then he cannot put it in a will. So the land lord has done nothing wrong.
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Someone died and left you their car, how do you get a clear title without going to probate court?
My grandmother died and left me her car (no lien), but I dont know how to transfer the title without going though a probate court. She really didn't have any money and there is no "estate". Can I just get a salvage title or give the DMV her death certificate?
We had a problem with no will so I called our dmv / tag office. The nice lady there hinted at , but did not suggest, that I forge my dad's name on the title as seller. Did that and everything was OK, transfered the title to me.
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grant of probate needed?
My father had countersigned £3000 worth of travellers cheques which I found in his cupoard after his death. He had signed it twice and not cashed it bizarrely..maybe he didnt fully understand the rules.
Anyway, I, as his daughter am executer in the WILL he left and he has left everything to me..
Should i take the death certificate, will and travellers cheques to the bank so they can cash it for me??
Someone said i may need a grant of probate..is that true and how do i get one??
Thank you in advance.
Request the court to have the will probated so that the estate of your father will be distributed to the heirs named in the will.
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What's the best way to get information on probate/estate properties for sale?
Why would you willingly get into a probate sale. PIA, it could take years to close.
But, if you are into self torture an agent can give you a report.
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