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Laurie G Israel's Answers
- 4 Legal Answers
- 1 Legal Guide
2
Attorney answers:
Need to know about a will
If your aunt died and they just sold her house, go to the court where they probated her will and read it. See if she named you in her will, and if so, what she said you should receive. If not, there could be a court proceeding based on incompentency (if she was not competent when she wrote the will), undue influence, or lack of the will be executed with proper formalities. All these are very difficult hurdles to prove, and the time deadlines for objecting on account of these bases may have...
3
Attorney answers:
What is the process for distribution of funds from an estate.
Generally what happens is that the administrative costs of an estate get paid first, including taxes. In some states you need to be careful and protect your claim within a certain amount of time, in some states one year, but actually filing a law suit in a court of competent jurisdiction (probably not the probate court) and then serving the executor. Otherwise, your claim could be barred and you would get nothing. You'll need to talk to a local lawyer about this.
3
Attorney answers:
I want to know if I am heir instate what does that mean?
If your aunt had a probate of a will, then the people named in her will are the beneficiaries. If your aunt died without a will, there is still a probate process, but it is termed "intestate" and her heirs at law (as defined in Ohio law) will inherit in the proportions set forth in that statute. If your aunt left no children and no spouse, and your parent who is your aunt's sibling is deceased, you may be an heir at law entitled to inherit in an intestate estate.
3
Attorney answers:
Can an executor spend outrageous amounts of money (the majority to his children) on an estate at his will without reprocussion?
An executor is a fidiciary for the beneficiaries of the will. That means, he (or she) is supposed to do what the last will and testament says, and should do it in the most economically effective way to get the most money and property to the heirs with the least administrative costs possible. Fiduciary means that the executor should act in the best (financial) interests of the heirs. The recourse for heirs is not assenting to the final account of the executor which usually has the executor's...