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Will my wife recieve my benfits if I die or will the government take the money
The government will seize the funds, without a doubt.See question
On the will said will give everything to the wife.
If I understand your question, the beneficiary of the insurance is "the executor of the estate." So, the will must be probated, an executor appointed, the executor can collect the life insurance, and then the executor will distribute the insurance proceeds, less any costs/expenses/debts, to the wife. You need the assistance of a probate attorney; probate is not possible without an attorney. Probate must be filed in the county where the loved one who died passed away.See question
My grandmother died in 2002 when I was a minor. It is known my older sisters and i had a trust fund set up before she past away. My Dad, I assume was the trustee after her death. I wish to see my grandmother's will to see what exactly it says conc...
Yes, the will is a public record. You may have to actually go to the courthouse to retrieve it because it was filed a long time ago. Search online at https://courtsportal.dallascounty.org/DALLASPROD/Home/Dashboard/29
If not available, you can at least get the case # and then call the clerk to ask how you could get the file. Once you get the will see if the will creates a trust for your benefit. If it does not, it is highly unlikely you were entitled to either upon reaching majority. If you have any questions, please send it to an attorney for review.See question
The personal representative would be one of the siblings.
If a personal representative is needed, you can't obtain an appointment without an application to the Probate Court. The law and courts require the assistance of an attorney. Probate is not a DIY project.See question
So this is a tricky situation. My grandfather passed away years ago, and he left multiple properties and inheritances to me & my family. We did not know at the time that she married him solely for money purposes and the week he passed away, she w...
So, let me recap: your step-grandmother abused your grandfather's estate, who passed away "many years ago." Your step-grandmother has now passed and you want to know if you have any claims against her estate? Based on what you said, the answer is a big fat "maybe." Claims against a wrongdoer do not expire with their death but time does bar the claims. If, for example, your grandfather's will was forged but was probated more than two years ago, you can not now contest the will. If step-grandmother was supposed to hold the lakehouse, for example, in trust for you but she instead deeded it to herself, the limitations period would run from the date of the deed and you would have four years to challenge. It is highly likely that the properties themselves can't be recovered if purchased by a "bona-fide purchaser (innocent person) for value" but damages can be recovered aginst step-grandmother's estate to the extent of her assets and subject to other claims. These are fact-intensive inquiries that require a one to one consultation to determine the viability of any claim/suit.See question
Does the executor have to wait the full 4 months for creditors to file a claim before closing the estate and giving the heirs their money?
The executor should always counsel with their attorney regarding these decisions, but the goal is for the executor to have extreme confidence that claims are paid in full or resolved before delivering the funds to the heirs. The executor is responsible to pay the claims, and if the executor fails in this vital tasks, the executor can be help personally liable. If the executor no longer has the assets of the estate and the beneficiaries will not return assets to pay claims left unpaid, the executor's assets will be subject to seizure to pay the claims.See question
My father passed away recently and I am the executor of the will. My mother, who is still alive, is the sole beneficiary of his estate. They owned one car which is titled to him only. My father had power of attorney for my mother which transfer...
Literally, you have no authority as power of attorney, no that isn't an answer. The question is, do you need to probate the will? Did they own a home together? If so, the best thing to do is probate the will, get appointed executor, and that authority will allow you to transfer Dad's ½ of the house to Mom and to sell the car and do anything else needed. If there is absolutely no other reason to probate, many auto dealers would probably accept your Mom's signature to transfer the title -- they would want a death certificate. Since she is in a nursing home possibly you could sell it, but this is not a legal transfer - the buyer is just accepting the imperfect title and taking the risk.See question
My aunt is in hospital, responsive but can't make decisions, have been transferred to long term facility.
I'm sorry about your Aunt, but someone may need to be appointed guardian, which is not a self-help process. You must hire an attorney to represent you. Depending on whether property has to be managed, whether a power of attorney exists, and other factors, an attorney can advise on the appropriate next step.See question
My Mother died in December 2016. In her Will I am listed as the Exectrix of her estate. I had Power of Attorney prior to her death. We did not need to Probate her Will. I have closed out everything in her estate but one item. She has insuranc...
It sounds like you properly advised the insurance company and they have given you the only answer acceptable to them -- obtain letters testamentary, which, by definition, is saying to probate the will. The fee you have been quoted appears high unless there are issues not identified in your question.See question
My Mom received a check from her Mothers Estate Executor with zero accounting as to how the amount was calculated and has not received a copy of the will even though one has been requested. Is this legal?
The order admitting the will to probate should have been mailed to your mother by the executor. If not, he has failed to do his required job. You can get the will from the Court. Assuming the executor is an "independent" one, then he need not provide an accounting. He is required to provide all beneficiaries an inventory; I'm guessing you haven't received that either. Do NOT deposit the check at this time. Consult an attorney and get the information to determine the amount is fair. Although an independent executor is not required to provide a full accounting, beneficiaries don't have to accept as their inheritance what the executor provides, without explanation. If not explanation is required, you can probably force one to be provided.See question