probate rules blog

Archive for the ‘probate real estate’ Category

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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We have several potential buyers on a house that is in probate. Can we still sell? The attorney seems to be too busy to get things going and the clock is ticking on these buyers.
Myself and sister are co-personal representatives of the estate.

Absolutely, you can sell it. You two are the personal representatives and can do anything you want with the estate. The issue is whether the other heirs will protest the sale. If you sold it for fair market value, you have no liability. This is what you do: Go to a stationary store and buy a deed form. Re-title it as "Personal Representatives' Deed." Deed the property to yourselves as personal representatives of xxxxxx's estate. Then, choose your buyer and sell it. In my state, you do not need permission from the probate court after you've been appointed. You do have a fiduciary duty to the other heirs, so you must make sure it's a fair sale. This is how it's done in MY state. If your state has the Uniform Probate Code, it has the same rules.

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I know the person had a will and a trust but I just dont understand the probate part of it. I was to thinking of can it be avoided if you know you are in the will?

If a person had assets in his/her name when he/she died, generally, probate is invovled. In your sitution, since there is a Will, the Will must be admitted to probate and the Orphans Court/Surrogate Court, depending on jurisdiction, will monitor the distribution of the funds so that it is done in accordance with the Will.

Your situation 99% of the time requires an attorney to handle the Probate procedure for you. The only way it would not is if all property was in the trust or held jointly and the decedent had no assets in their name when they passed away. It gets a little complicated depending on when gifts and the trust was funded, if there was a surviving spouse, etc., so an attorney should be retained to assist in this procedure.

I'm willing to bet your situation requires probate of the will and appointment of an executor/executrix. Please see an attorney.

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My family probated my father’s estate through the court. We also published a death notice in the newspaper stating that if anyone has a claim against my father’s estate that they had 6 months to file any claim. It has now been 8 months and we have received some new bills in the mail to be paid. Our lawyer told us to write the creditors a letter stating that they would have to petition the court with their claims. I was wondering how I need to word this letter and what information I needed to include. Thanks.

Send a copy of the crediters notice from the newspaper along with information on when the estate was probated and who the executor was.

Heading(to the crediter)

This is to inform you that the estate of the late (person) was probated in the (court) of (county, (state) on (date).
Enclosed is a cliping of the notice , as required by law, posted in the (newspaper name) on (date). As the estate has already been probated your firm will need to file a pettition with with the court.
Yours sincerely

etc., etc.

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there are family members contesting can that be introduced into probate.

Contesting the will? That's fine, life insurance isn't part of the estate - you can't "change" the beneficiary clause via a will.

Contesting the beneficiary clause? Well, unless you coerced him to change it right before he died, or forged the change, that's NEVER going to be changed. So that's a losing battle, assuming you've acted honestly.

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