Archive for March, 2009
question about executor of estate for a probate case?
Hi, Id like to know, if I am an executor over an estate, and the letter of authorities have restricted me from selling any items like the car, or house, what can happen to me legally if I do. For instance, the home in about to go into foreclosure, and I have someone to purchase it. I know I am suppose to get permission from the court, but what will happen if I dont get permission. Also, there is a car that is paid for that I can sale. I am the husband of the deceased wife, who had the car and it is paid for. What can happen to me if I sale it even though the court said not to? Can I get in trouble with criminal charges or only civil? Or both? Or not at all?
You are the executor and you are bound by the letters of authorities, if you sell any of the property that you are not supposed to you can be charged with failure to obey a court order. Take your case before the courts, show them the house is ready to go into foreclosure and that you have a willing buyer.
Your job is to distribute the assets of the estate, you can be held financially responsible for any items listed that are missing.
It would be wise to talk to an attorney regarding this to CYA (Cover Your A&&)
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My grandmother died without a will, must it go to probate court?
My grandmother passed away with no known will last month. She has no surviving spouse or siblings, just two daughters (and four grandchildren). Since she died without a will, must the estate go through probate or can her estate be divided amongst her two children without going to probate? This is in Arkansas if that matters. Her house was in her name and one of her daughters names.
My aunt said if the estate can be split amicably there is no need to go to probate, is this true?
You should consult an attorney in Arkansas. Generally it must be probated if it was in her sole name. If the house was joint it probably will not require probate for the house but there may be other assets to probate such as bank accounts and investments. So, the bottom line is you should contact an Ark. probate attorney.
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How long does it take to go to court after I file with the Franklin County Vermont Probate Court?
Im filing to correct a birth certificate in VT and need to know how long it takes to have a court date set.
usually 90 days
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When a will goes to Probate court was does this mean and why?
Recently a relative died and my siblings and I have been named in the will. My sister called the lawyer to see If she could get a copy of the will. He said after Probate. We hear the term all of the time, but really don't know what it means.
The act of Probating the will essentially means sumbitting the will to Probate Court, a division of provincial/state court that handles estate matters. Accompanying the will would be an affidavit of sorts that the executor must give evidence on, like they are the person named as executor, the person named in the will is the one and the same person named on the death certificate and that to their knowledge no other will or testamentary document exists that would cancel out this will. The Courts will check to ensure that no other person has applied to deal with this persons estate and read the evidence submitted by the proposed executor. If it is satisfactory they will then issue a Grant of Probate which gives the executor the legal right and capacity to deal with all of the estate matters.
If you are named in the will you should receive a copy of same shortly after it is probabated. The reason lawyers don't bother sending out the will before hand is that the application for probate may not be accepted for one reason or another and it would therefore be preemptive to send it out beforehand and a waste of copying charges and postage. Where I live lawyers are required to provide a copy of the will and a tariiff form setting out the fees they are allowed to charge within 30 days of probate being issued.
Court documents (probate or otherwise) are public record so same can be obtained, for a copying fee, at the courthouse where same was filed. The probate clerk will have the file, but you can obtain it from the resgistry clerk.
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Relitive passed two weeks ago in Nevada, will his estate go through probate?
his assets are his condo(last appraised at about 200K) and about 3000 in the bank. will his estate go through probate? about how long is this process?
I’m sure his will will be probated and it really depends on the executor of the estate and how promptly all the papers are filed.
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How flexible is a probate court in California?
Both my parents are in their 80's and don't have living wills. I know, I know. but it's tough to insist when they are so close to the end of their lives. Anyway, they aren't legally married but share a home and some rentals. Some things are owned together, some as sole proprietor. Will the court let us kids decide what is best for the survivor or will it still be a long, expensive process?
No, the court will not allow the kids to decide.
A living will — also known as an advanced medical directive — determines how medical decisions are made if the person is not capable of making them themselves. Despite its name, it has nothing to do with a will that governs property distribution after death.
A testamentary will — which governs property distribution after death — allows the person to specify how they want their property to be handled.
Absent a testamentary will, the court is required to follow the existing laws (called "intestate succession") that determine how property gets distributed.
A will can be created very cheaply — there are forms they can download and fill out. But if they don't do that — the court will have to follow what the law requires — and neither the survivor nor the kids have any say in that.
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If you have a quit claim deed, do you still have to probate an estate?
When my father-in-law died, the stepmother-in-law came up with a quit claim deed claiming that everything was now hers, and she did not have to probate his estate. Is this true? We are in Texas
In Michigan you do nor have to go to probate if you have a quick claim deed,if I were you I would seek a lawyer right away,when my father-in-law died and left house to his wife,she became mentally ill and we had house quick claimed to my husband,to protect mother-in-law from outside long distant relatives,he was the only child left,I believe your wife has some rights
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How do I find a listing of Probate Estate properties in Illinois?
CHECK WITH YOUR LOCAL PUBLIC LIBRARY, THE HAVE MANY BOOKS ON THAT TOPIC AND SOME OF THE BOOKS HAVE CD'S INCLUDED IN THEM THAT YOU CAN DOWNLOAD INTO YOUR CONPUTER.
THEY ARE A WONDERFUL SOURCE FOR INFORMATION, AND IT IS FREE TOO!!
THESE DAYS PEOPLE DON'T THINK OF THE LIBRARY ANYMORE BECAUSE THEY THINK EVERYTHING IS ON THE INTENET,…NOT TRUE.
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