Questions tagged [probate]

Probate is the process of proving a will is valid and thereafter administering the estate of a decedent. Receipt of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will.

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Does the death of a party involved in the execution of a will mean that they do not inherit?

A friend of mine is engaged in a lengthy probate process over her inheritance from her parents with her brother as the executor. Without getting into details of why it's been so protracted (an initial ...
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When Can a Beneficiary/Distributee for an Estate Compel an Executor to Initiate Probate in NYS?

Soon after the death of their father in Queens, NY, two surviving sons, Brother X (who lived with their father) and Brother Y (living in NJ) find their father's will in his personal papers. The will ...
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3 votes
1 answer
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Who is liable for repairs upon death of landlord?

My father passed away recently and he was the landlord of a commercial property. I am his only son and will inherit the property. However he did not leave a will and I have to apply for letters of ...
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What rights and responsibilities do next-of-kin have after a death and before administration is granted?

When my parents died, I was named sole executor in their will, and everything went smoothly: all the banks, estate agents, etc were quite happy to deal with me on the assumption that I would be ...
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2 votes
1 answer
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How to get the solicitors who wrote the will to respond to a Larke v Nugus request?

Is there a valid reason to withhold a Larke v Nugus request when there is no personal representative? Imagine the situation where a person in England dies testate and: All executors have renounced ...
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8 votes
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Clever Probate Fraud (UK) - How Did He Do It?

I’m hoping someone can help me understand this clever bit of probate fraud. In summary: Swindler made fake wills for sailors who had died intestate leaving high value estates. The wills looked real ...
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2 votes
1 answer
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What to do about missing power of attorney paperwork and issues with the title on our house

To sum up the situation with relevant facts, we bought a house in the mid 2000s from a woman who had ostensibly granted power of attorney to her son. The transaction was through the typical real ...
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6 votes
1 answer
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When an American citizen dies in Mexico without a will, which countries' probate law applies?

When an adult American citizen dies while vacationing in Mexico with no will but assets in both Mexico and the US, which countries' probate law applies?
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Is the estate of a deceased person a legal entity?

This question is inspired by the discussion in the comments of this answer to another question. In those comments I claimed that the estate of a deceased person is not a legal entity and that it is ...
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3 votes
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How does Ohio handle intestate inheritance of jointly owned property

My best attempt to summarize the situation; Ohio property purchased as JTWROS by A, B, and C. A and B are married. C is adult child of A and B. Unfortunately, A suddenly passes, not leaving a will. ...
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23 votes
2 answers
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What are the legal ramifications of a legally dead person turning up alive?

Context: I am writing an urban fantasy story in which a man dies, is declared dead, and comes back to life via supernatural means on the autopsy table. The existence of the supernatural is not common ...
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1 vote
1 answer
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Can an estate be distributed against the will when all parties are in agreement?

I am learning about estates, wills, and probate courts. I am wondering about the following situation and procedures that may follow: Beneficiary 1 (or B1), the sole beneficiary stated on a will, was ...
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Florida Estate does not want to pay lease on condo from deceased tenant but wants personal property

Personal Rep for Estate is out of town and has never visited the leased condo after tenant deceased. She wants personal property without paying up on the past due rent. Have made a Statement of Claim ...
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2 votes
1 answer
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Surrogate Court Petition for Probate NY Notification To Others In WIll

I am in the process of filing papers with the surrogate court for petition of probate. I am just compiling all the needed information and such before I do so. I was told others named in the will need ...
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1 vote
1 answer
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WV Probate court changing interpretation of will AFTER probate closed

My mother's will states that real-estate 'goes to my children' with no mention of their descendants. In the residuary estate section, it states the Residuary estate goes to my children and their ...
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Are holographic wills really routinely thrown out by probate courts?

A lot of states do not permit holographic wills and specifically state in their laws that an unwitnessed will is invalid. This seems like a cruel provision to me. So, if a person writes out in their ...
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4 votes
1 answer
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Does a will have to be probated in every state in which property exists?

From my understanding the probate of a will only applies to property located in the state where the property is located. So, according to this apparently if a person has property in many states, then ...
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In Arizona, if someone dies, are survivors legally obligated to post a public notice in a local newspaper?

My question pertains to law in the United States. My mother died in the state of Arizona. Some places, the executor of the estate (or someone else) is legally obligated to publish a death notice in a ...
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-1 votes
2 answers
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Is a voicemail proof of intent to leave an estate to somebody? [closed]

Say that person A (who owns an apartment in Miami) left a voicemail message to person B (to whom they are not related—person B would not otherwise inherit anything) saying they want to leave B ...
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Can a new debt be applied to inheritors of an estate after probate has been settled under UK law?

Question If a deceased person who is a lease holder on a flat has debts to the landlord, can those debts be transferred to those who inherit the estate after the closing of probate? Legally, is the ...
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2 votes
1 answer
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What happens if a "small estate" stops being small?

Let's say that a "small estate" (for example, in New York, under $50,000) is resolved through a Small Estate process. Letters of Administration are issued for a few small accounts. And then, ...
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My mother passed away without a will or a spouse we are now in probate, and my mother owes $80,000 on her home which is appraised for a 120,000

My mother passed away on February 5th of this year. My eldest brother signed his right away to administrate the probate. My mother had no spouse and there are only 3 heirs: me (the youngest) and 2 ...
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1 vote
2 answers
209 views

Unreasonable terms in a will

I'm trying to find information on whether a will in the UK is unenforceable, based on the fact that the terms in it are unreasonable, and can't seem to find any information - all advice on the ...
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credit report on decedent

As the estate executor, is it ill-advised to try to obtain credit report on decedent? I am unsure if the ramifications of doing this are good or may result in potential legal issues? The estate is ...
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14 votes
2 answers
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is estate responsible for debt of car-loan co-signed by the decedant?

My mother co-signed a car loan for her grandson ~3 years prior to her death . He defaulted on the loan and the car was repo'd AFTER her death. Can the loan company come after her WV estate for the ...
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18 votes
5 answers
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Can an estate be forced to sell real estate to cover debt if the home was bequeathed to an adult child?

My mother died in West Virginia. I am her son and the executor of her will, in which the home was bequeathed to me. The estate has insufficient funds to pay medical and other debts. Can WV probate ...
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5 votes
1 answer
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Does an executor who is a child of the deceased have a legal right to begin processing of a property before the will is probated?

My understanding from a brief exploration of the question on the web is that the named executor of a will can't start processing the property until the will is in probate. To fill out the petition ...
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1 vote
2 answers
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Ethics related to representation of a person with impaired judgement

We have a family member who has hired an attorney in the state of California. The family member is the beneficiary of a special needs trust (an SNT). The family member wishes to break the trust, and ...
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0 votes
1 answer
91 views

Just the executor, or executor and witnesses to open a safe deposit box of the deceased?

The court assigns a family member or friend of the deceased to be executor so that a safe deposit box can be accessed. What are the laws and court considerations that govern when/whether another ...
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0 votes
1 answer
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Court appoints executor; the will found in safe box names a different executor (USA)

Someone dies and their will cannot be found. Two people petition the court to be the executor. They do not get along and do not want to be co-executors. The court appoints one of them to be the ...
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2 votes
3 answers
271 views

Is a testator not an executor if they execute their will?

Just want to make sure I have the right terminology. The person who makes a will and testament is a testator. The executor (also known as an administrator) has the responsibility to carry out the ...
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1 vote
3 answers
952 views

What are the consequences of forging a will, in common law and in civil law?

In any legal system (in which individuals can transfer property ownership upon their death through wills), there are probably criteria for when a will is admissible (e.g. the deceased was cognitively ...
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0 votes
1 answer
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What can a spouse do in regards to controlling the beneficiaries of a life insurance policy in a community property state

Lets say a husband and wife both live together in a community property state, say Texas, and the husband is paying for a life insurance policy on the wife. The policy payout is 500 thousand dollars. ...
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0 votes
1 answer
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Loan forgiveness letter, estate law

My grandfather passed away last year. His will was recently filed, and his sister is about to be named executor. His sister took a $100,000, 5-year, 5% interest loan from him before he died. She ...
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-2 votes
2 answers
149 views

Causing a sedated person to sign a will: Is it fraud or not

Is it legal for parties to put a pen in a sedated person's hand and sign their Will? Or is it fraud? I really need to know, please
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1 vote
1 answer
111 views

Parent dead without a will

A person dies without a will in California, US, and one of several children proposes to take control of real estate. Under what conditions is this legal? How can such action be challenged, if it can ...
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4 votes
1 answer
471 views

What to do if you have a possible 'zombie' relative

An elderly uncle of mine spent the last 10 years of so in assisted living until dying in his late 90s. He has a sister (who has mild dementia) and a brother who has been not reachable for ages, along ...
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-2 votes
1 answer
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Probate Must Or Bust?

Does an inheritance have to go through probate in the Oregon, United States? If probate is required is there anything else that needs to be done in its place, besides the executor paying any ...
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0 votes
1 answer
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Inheritance Help

I am expecting to receive a considerable inheritance for my mother that recently passed, I think in the range of ($10k-???) It could be a lot but I have no idea my sister is the executor of the will ...
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0 votes
1 answer
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What is the best way to determine if a living person in the UK has a will?

I'm doing some research for a side project where I want to determine whether a living person in the UK has a will or not. What are your recommendations?
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4 votes
1 answer
252 views

Did the judge try to order me to pierce the corporate veil?

In a legal proceeding a couple of months ago, I was unfortunately at the disadvantage of not being represented by my attorney. (There is a reason which is unrelated to this question.) I'm not a ...
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0 votes
2 answers
137 views

Meaning of "The right to disclaim property or an interest therein is barred by..."?

I am reading Utah Probate Code, 75-2-801 Disclaimer of property interests -- Time -- Form -- Effect -- Waiver and bar -- Remedy not exclusive -- Application. Can someone state in plain English the ...
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In a UK grant of probate does the value of the estate recorded include any deductions?

Once probate is granted (in England) both the will and the grant of probate become available as public records. The grant of probate records the gross and net value of the estate. My expectation is ...
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0 votes
1 answer
374 views

Can the executor of a will enter into an option agreement for property on behalf of the estate?

I am acting as executor for my late father's estate. This is in UK. One issue that the beneficiaries do not 100% agree on is how to go about selling the house. Some wish to sell it "normally" via an ...
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1 vote
2 answers
124 views

Does home rental agreement last after death of owner

This is in Texas A homeowner leases a home to a renter for a one year term. The lease agreement is written by the homeowner and is plainly worded and not done by a lawyer. There are no mentions ...
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0 votes
1 answer
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Does Death terminate a lease in Florida?

If I sign a lease for 12 months and die in month 7 from an unexpected car crash, is my estate responsible for closing out my residential lease in the manner defined by the contract (advance notice of ...
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0 votes
1 answer
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Can an executor (personal representative) name a successor executor? (Utah)

Chris died and named three co-executors. The estate involves property but no complications, so informal probate seems viable. For various reasons, the co-executors want one person to be named executor ...
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  • 157
0 votes
1 answer
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Family trust but probate (informal or formal?) needed

(Based on @ohwillieke's answer, I've updated this to clarify the facts) Family trust: was set up by parents as a revocable living trust. had "upon death" instructions to transfer all to beneficiary #...
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1 vote
1 answer
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Timing of disclaimers for an inheritance vs. an interest in a trust? (USA)

Context Update The context is a trust and beneficiaries who disclaimed earlier did so to help another beneficiary. The ones who want to disclaim now also want to do so to help the same beneficiary. ...
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0 votes
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Selling someone a life estate in a house

I bought a property that has elderly tenants on it. They want to stay, but they can not afford to pay fair market value. For a bevy of reasons beyond the scope of this post, I don't want to be a ...
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