The major inheritor of my brother's will dies before she presents the will to probate court. My brother left his estate to an ex-girlfriend, he later realized his mistake and wanted to exclude her in favor of his own family, but he died before he ...
It all depends upon the language in the Will. Without any express provision to the contrary, it is probable that all assets will go to the Estate of the ex-girlfriend. But express language in the Will could change that outcome. This is not likely, but it is a possibility. Take a copy of the Will to an experienced probate attorney in Stark county. Use the "Find a Lawyer box at the top of this site to locate one.See question
When there is not a will left by your deceased parent and their assets (home, cars, household & personal belongings) are put into probate. Do you (surviving adult children) have the opportunity to pay off all their debts first, in order to keep pr...
Generally, probate does not "force" any action, though steps required by statute to be taken must be performed in a timely fashion.
There are many more facts that must be known before any meaningful answer can be given. Based upon the minimal facts provided, it is clear that you need the assistance of an experienced probate attorney. Use the "Find an Attorney" box at the top of the web page to locate one in the county where probate is being filed.See question
...meaning, nothing in the will was mentioned about money, bank accounts, etc. What happens to the money? If money isn't mentioned in the will, does that mean the living heir gets it?
Without seeing the exact language of the Will, no worthwhile answer can be provided. But, if there is no mention of specific dollars or accounts, then it is likely those will be a part of the residuary estate and they will be disposed of as the Will directs (as you describe it, yes, to the Executor).See question
My older sister forged a fake will of my father. Then she and my other sister transferred his farm into my younger sister's name without having me sign anything, probably forging my signature as well. Now my younger sister passed away and her husb...
Get thee to a probate attorney ASAP. Your facts are so intricate that competent counsel is essential. Use the "Find an Attorney" box at the top of the web page.See question
Will set up payment schedule, IRS AFR rate compliant, get IRS forms for interest For buyer deductions and lender interest income. Do I need more?
Positively consult an attorney. The fee you pay the attorney will be far less than the cost of any mistake you make doing this yourself. If you don't have the time/money to do it right the first time, where will you find the time/money to fix the problems?See question
the cd's were already in our names. we did not need any paper work such as death certificate to withdrawl the cd's and close the accounts.
If the primary owner dies on or after 01 January 2013, there is on estate (or inheritance) tax due form the Estate of from the beneficiaries.
As long as the accounts are not IRAs, the beneficiaries will not have to pay any income tax on the funds received.
Just wondering, was the Decedent's name on the accounts?.See question
if the property is still under a trust with me as Executor , are my assets protected from credit collectors or Medicaid asset recovery?
You should be the successor Trustee, not an Executor. An executor means there is probate involved.
In most cases, you may have some creditor protection (a spendthrift clause). But you would not have Medicaid protection unless there is specific additional language in the Trust (usually referred to as a special needs provision or a supplemental needs provvisionSee question
In the Will the house as left to my 3 nephews and 2 of the are minors--I wish to be done with this process as executor but the house is the hold up and obtaining attorney's for the minor children is too expensive. The one adult child would sign ov...
Your suggested resolution is not feasible. You have no such authority. However, the parent of the minors can serve as the Guardian. No attorney needs to be or should be appointed.
Do not be influenced by the expense factor.
As Executor, you have specific duties and responsibilities. This is not a DIY task. Find an attorney to help you navigate your way through this labyrinth that is probate. A mistake can be much more costly than the fee an attorney might charge.See question
My fathers will I have read it and I'm in in several places. The first thing on the list is a gun he left to me along with other guns and the safe there in she has asked for me to give her the first one on the list the day of my father passing
The "reading of the Will" is more a movie thing than a reality. A Will must be admitted to probate. Once filed with the Probate Court, anyone can look at the Will. Wheat get there is a"reading" before submission if the Will for probate is immaterial.
Once the Will is filed, you will want to monitor the proceedings to make sure it's terms are carried out accurately and in a timely fashion. It is best to hire an attorney to help you protect your rights.See question
Initially, the executor/attorney told me my mother had named me as the only other person on the account. Then he called me back a few weeks later and said he'd made a mistake, my sister's name was also on the account. (Her name is the same as my ...
It sounds like this was either a joint account with survivorship or a POD account. Your focus should be on the bank, because this is not a probate issue. As joint owner or POD beneficiary, you should be able to get from the bank a copy of the related forms that put you in title or designated POD beneficiaries.See question