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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 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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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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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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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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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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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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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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Forms for declining to be representative for an estate in Florida

Does anyone know how to decline to be the representative for an estate in Florida? Florida Courts Self Sevice site doesn't seem to have forms and the Florida Probate Rules seems a little beyond me. ...
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Sister and 23 yr old niece won't move out of deceased mom's house

My mother died 6 weeks ago. My sister lived with her, and took care of her for a long time. I give her credit for that. Since mom has died, sister is holding onto the will. Our brother is the ...
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UK solicitors as sole executors of a will: any brake on their time and fees?

Somewhere in England: John is the only child of the widow Jane and sole beneficiary of her will. According to her wishes he was living in her house and managing her affairs while she was sick. When ...
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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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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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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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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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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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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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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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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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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 ...
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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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695 views

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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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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How do we get title for an abandoned vehicle?

I have a motorcycle sitting in my garage where the owner, my friend, committed suicide. The deceased owner's brother lives in another state and claims that he has the title that the deceased ...
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What to do with Grandad's Top Secret documents

He worked for the US government and left behind some documents that might be actually important. What's the proper procedure here, do we destroy everything or is there somewhere we should take these?
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Is there any way to find out if a deceased person owns properties across the United States?

My wife and her two siblings had an absentee father who recently died of cancer. He left their mom for another woman about 12 years ago when they were all still children. They hadn't heard much from ...
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Who is responsible for the disposal of a body when there are no directives in the deceased's will?

If someone dies with a will, but does not mention their body or how to dispose of it, who decides what happens? Or, let's say a parent has two children and dies leaving no will; which of the siblings ...
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What is Hans Reiser's earliest release date?

This question is about Hans Reiser, a well known software developer who murdered his wife and is currently serving his prison term for that. His case has drawn significant media attention, mainly ...
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Getting a conservatorship in Ohio (United States)

My mom had a stroke a few months ago and I need to file for conservatorship as I understand it. She is not mentally capable to making decisions at this point nor taking care of herself; she is ...
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Prevent a will from being overlooked

Is there any way to file a will in Massachusetts? The problem is that if the will is placed, say, within a home, then it could be lost or accidentally discarded when the individual dies. What is the ...
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Can I do my testament as a video on a social network in France?

Imagine if I do my testament as a video and post it in private on a social network. Will this video be legally usable and will a notary be able to force the company to give him the video? Is there ...
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Can a last will and testament require successors to attend the funeral?

My spouse and I worry that my multi-millionaire grandparent will pass soon, and based on interactions with other family members, we suspect that the will could contain language that says that all of a ...
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What happens to the possessions of a deceased Jane/John Doe?

This is kind of a morbid question, but I'm writing a story where a homeless teenager from Seattle winds up dead in Portland, Oregon. She is identified eventually, but she has no legal guardian, living ...
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Who is Liable for the Satisfaction of the Mortgage Debt Pursuant to Deed of Gift when Grantor Dies - Estate of Grantor or Beneficiary?

In a situation where: John takes out a mortgage on a house at 55 Main Street by himself (i.e., only John appears on the mortgage). John puts Mike (one of his grandchildren) on a Deed of Gift for the ...