Archive for the ‘probate court’ Category
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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What does it mean in Probate Court “Notice to Extend Administration”?
I am currently in probate court right now and waiting for the court to approve transfer of my Grandmother’s house to me. I looked up the case status online and the most recent action says this. Does anyone know what this means?
I’m not sure about other states, but in the state Ohio, it’s a form, filed by the fiduciary, giving notice to extend the administration of the estate beyond 6 months due to one (or more) of the following reasons:
1. An estate tax return must be filed for the estate.
2. A proceeding contesting the will’s validity has been commenced.
3. The surviving spouse has filed an election to take against the will.
4. The executor is a party in a civil action.
5. The estate is insolvent.
It also gives notice that an account or certificate of termination shall be due no later than 13 months after the appointment of the fiduciary.
Hope that helps.
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Probate court, what to do once you get Personal Representative authority?
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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How can I get my mom's clothes, etc from step dad? Probate court decreed her estate goes to my sisters and I.
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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Ann Jackson on Probate Court 1 of 2
Ann Jackson, candidate for Fayette County, GA Probate Judge speaks to a Republican Women’s group regarding probate court. There are three videos in total. In the first Jackson talks about her candidacy. This video is part one of her talk on probate.
Duration : 0:8:49
Ann Jackson, Fayette County Probate Court Judge Candidate
Ann Jackson spoke to the Fayette County Republican Women recently. Jackson is running for Probate Court Judge. The current Probate Court judge, Martha Stephenson, is retiring.
Duration : 0:8:20
probate rules Notice and Procedure in Adversary Proceedings.
probate rules Notice and Procedure in Adversary Proceedings.
Note: check for proceedings in your Estate.
(1) Petitioner shall serve formal notice.
(2) After service of formal notice, the proceedings, as nearly as practicable, shall be conducted similar to suits
of a civil nature and the Florida Rules of Civil Procedure shall govern, including entry of defaults.
(3) The court on its motion or on motion of any interested person may enter orders to avoid undue delay in the
main administration.
(4) If a proceeding is already commenced when an order is entered determining the proceeding to be adversary,
it shall thereafter be conducted as an adversary proceeding. The order shall require interested persons to serve
written defenses, if any, within 20 days from the date of the order. It shall not be necessary to re-serve the petition
except as ordered by the court.
(5) When the proceedings are adversary, the caption of subsequent pleadings, as an extension of the probate
caption, shall include the name of the first petitioner and the name of the first respondent. Answers