Archive for the ‘probate process’ Category
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.
Can anybody tell me when a lawyer takes a will to file in probate court how long does it take to file ?
What I am asking once the lawyer is at the country clerk to file the will,thereafter is a court date provided when to enter the will in probate court to probate it. But is filing it just step one and next you appear in probate court to complete the process. No one is contesting the will and mainly I wish to know once you show up to file the will with probate court,what happens next > Thank you in advance.
Depending on the state, generally they confirm the validity of the will, review and qualify the executor, and review the conditions and expectations for closing the estate; inventory, submitting claims, dispursal of remaining assets….The estate is very small. Mom only left some items to her friend and appointed me executor,the friend is ok with what I told she will get and the rest pertains to me.The state is TN.
2 seconds.
The length of time it takes for the lawyer, or his/her secretary, to hand it to the court clerk, for them to stamp it, and to enter it inot the computer as filed. Then it usually goes in a basket and another court clerk goes and finds the file, or creates a new file, if it is a new case, and puts the original hard copy in it.
powered by Yahoo answers
Probate Court???
Can any one tell me what the process was when they went through probate court…I know there’s a lot of textbook answers out there but can anyone share a real experience with me. Also is there anything that I need to be warned about or perhaps you could provide some useful tips.
I can share my own experience with you from IL, but I don't think you want to know the answer. My father died almost 8 years ago, leaving a small Estate worth about $45,000.00. The Probate Act is supposed to protect Executors like myself from harassment and frivolous litigation, but the Act itself is useless unless it is enforced by a honest judge. In my case, the Estate was assigned to an incompetent hack who regularly ignored the law; required me to submit the same Final Account, over and over again for no good reason, and then invented excuses not to look at what was submitted; allowed one disgruntled beneficiary to defy 14 separate orders of the court, and then forced my father's Estate to subsidize the delay; allowed a beneficiary to embezzle money from the Estate (because she was a "lawyer") and allowed another attorney to extort money from the Estate. By the time the incompetent probate judge finished "probating" the Estate, some four years after the fact, the Estate was bankrupt. So, my advice to you is the following: (1) Before agreeing to become an Executor, convince the person who is the subject of the Will to create a Trust and then make sure all the assets of the Estate are titled to the Trust before the person dies (by doing this, you may avoid probate entirely); (2) make sure the lawyer drafting the Will includes in the Will a clause whereby you are appointed as an Independent Executor (if you fail to do this, any beneficiary can ask a probate judge to have your "independent" status stripped from you and forcing you to undergo "supervised" administration–which basically forces you to go to court to get a judge's permission before you sign a check, pay a bill, or do anything; (3) have a lawyer insert a clause in the Will and Trust whereby any beneficiary who chooses to contest the Will or Trust automatically has their inheritance donated to charity (which will protect you as Executor and Trustee from frivolous litigation); and (4) consider not being named Executor (which will save you years and years of grief if one of the beneficiaries chooses to harass you and abuse the Probate Act, while the probate judge looks the other way). Probate is an archaic process that is supposed to help divide up a Decedent's assets, but in reality does little more than feed lawyers and judges in the legal system at your expense. So, avoid it at all costs!
powered by Yahoo answers
will and probate in oklahoma?
I bought a property in oklahoma. from a cousin the home was willed to him from his aunt which had no kids or husband and he had POA we did a contract for sale but she died before the deed was transfered. Now I don't have the deed. I found out when I tried to get the mineral right transfered over. He has the will to prove this. What do I need for the home to be mine. and how do I start this process. Were on good terms just trying to get the resolved. There is no loan on the property.
Home was willed to him. He either needs a deed from the executor of the estate and then a deed to you, or a deed from him as heir and executor of estate to you depending on how the executor wants to handle the affairs.
powered by Yahoo answers
How does the process of partitioning land in new mexico work?
This has been dragging on since 2003 when my dad died. He left a will splitting the ranch and estate 3 equal ways between me and my two sisters. My older sister is exector. I offered to buy them out with a fair price based on the appraisal and they refused each offer. It has come down to the land being partitioned and to be sold and split 3 ways. My concern is that their attorneys (I am doing this pro-se) have picked a ranch expert to do the partitiong and I do not agree with that because my sister (the executor) is now wanting to buy it. And I have a feeling that she will then sell it to a ranch neighbor who has wanted it for a long time. This ranch is on the Otero Mesa which has a vast amount of natural gas under it. Their is major controversey over the starting of drilling. The 640 acres of private land is owned by the me and my 2 sisters. The BLM lease and state lease is in probate. My grandfather homesteaded this ranch and I would like to find out if they are mineral rights .
Bertie-sorry I missed the first part of your question. The mineral rights would have had to be divested by deed, so go to your county clerk and have her search the legal description. You can do this pro se, but this is worth spending some money on for an expert appraisal
powered by Yahoo answers
how long do i have to contest a probate in arizona?
my father in law had in writing left estate to my husband, he had remarried after this but was in the process of divrce when he died. we were told all goes to wife, even in the divorce process, though not complete
Its tricky… You can contest probate up to 180 days (I think) after the death. If you have signed documentation that says that his estate goes to your husband, and there's language that says the written agreement superceedes any and all other agreements, you have a shot. My advice is find the document, and go get a good lawyer who won't charge outrageous fees. There aren't enough details in your blurb for me to tell you anything other than that.
powered by Yahoo answers
Estate has been liquidated.How long can a personal rep. drag a probate case out?
My sibling is completely selfish and has been dragging this out for almost 2 years I have an attorney but he is useless.I can not find anything out.And just want to move on with the greiving process but I am stuck please if you have any answers let me know
If it's a taxable estate the IRS gets annoyed after 18 months. Unless there's a reason. Which of course there may be if there is real estate or a business or farm to dispose of.
If the estate has been distributed, who cares? I've kept open an estate bank account because of the possibility of a class action recovery. But the recovery only promises $150 and keeping the account open may exceed that so I'll probably close it soon.
I don't see what such things have to do with greiving. Perhaps in your state there are constant reminders of the probate; not in this one.
powered by Yahoo answers
If I buy life insurance with my sister as beneficary, when I die could IRS take that if I owe IRS taxes?
I owe back taxes which I am paying on installment plan. If I suddenly die, and my estate still owes federal taxes and there are no assets that can cover the taxes in probate process, could IRS lay any claim to a term policy that shows my sister as sole beneficiary. I help my sister financially and want her to have this if I die before she does.
No! If you were to die the value of the insurance policy would be an asset of your sister not you.
powered by Yahoo answers
what happens when you your inheritance goes to probate?
sadly my mother has passed away, she has various accounts with different amounts of money, she has a few unpaid bills, there is only myself and my brother, he said as the money is over £5000 we would have to go probate.
What does this involve (obvoiusly it must involve tax knowing this country!).
Could someone please tell me waht this entails and how long is the process.
Thank you very much
Applying for probate is to get permission from the court to administer your mother's affairs. If she left a will that is easier than if she didn't.
Go to http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=735 and download the application form and the guidance notes.
If you need help then go and see Citizens Advice Bureau.
Given the amount of money left by your Mum there should be no tax to pay. However, make sure you maintain records of all money, investments, debts etc that you find so that you can demonstrate this to the tax authorities if they ask. Don't forget that you must inform the pensions service if she was receiving a pension and the appropriate benefit agency if she was receiving any other benefits.
There is a useful book called 'what to do when someone dies' that you should have been given when you registered the death. It's worth reading.
Not a nice job to do but it has to be done. Good luck.
powered by Yahoo answers
probate question?
oK… my dad died in oct-2006.
Probate was just filed on 1-mar-2007 and courtdate of 12-mar-2007.
Executor: My uncle - lawyer was retained by him.
(He had stated previously he was reliquishing his executor status to Edward Jones (yet the laywer & docket info say uncle filed.
Question: as one of several direct children should we have recieved any notification about the probate before now…or is that still something that will happen during the course of probate process.
My biggest problem is that Im getting contradictory info depending on who I talk with (Lawyer,investment rep, uncle, etc?)..
Our dads will & trust is mostly going to his kids (us) though not all.
Only the house & personal items are not in the trust, yet the trust is seemingly being held up by probate (which doesnt make sense).
The file is too new for much to have happened yet, so it wouldn't really be accurate to say anything is being held up.
Your Uncle's previous statement of relinquishing executor status has no legal effect. When it gets put on paper and approved by the Probate Judge, he's no longer Executor, and the new one may be determined by what the Will says. Until then, your Uncle is it.
You are probably getting contradictory information because most of them don't know what they're talking about. The Lawyer is the one that should give you straight answers, assuming you are an heir under the Will.
If you are, you will be notified of everything the Probate Court is asked to do, before they decide whether or not to do it
powered by Yahoo answers