my father in law had in writing left estate to my husband, he had remarried after this but was in the process of divrce when he died. we were told all goes to wife, even in the divorce process, though not complete
Its tricky… You can contest probate up to 180 days (I think) after the death. If you have signed documentation that says that his estate goes to your husband, and there's language that says the written agreement superceedes any and all other agreements, you have a shot. My advice is find the document, and go get a good lawyer who won't charge outrageous fees. There aren't enough details in your blurb for me to tell you anything other than that.
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My sibling is completely selfish and has been dragging this out for almost 2 years I have an attorney but he is useless.I can not find anything out.And just want to move on with the greiving process but I am stuck please if you have any answers let me know
If it's a taxable estate the IRS gets annoyed after 18 months. Unless there's a reason. Which of course there may be if there is real estate or a business or farm to dispose of.
If the estate has been distributed, who cares? I've kept open an estate bank account because of the possibility of a class action recovery. But the recovery only promises $150 and keeping the account open may exceed that so I'll probably close it soon.
I don't see what such things have to do with greiving. Perhaps in your state there are constant reminders of the probate; not in this one.
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I owe back taxes which I am paying on installment plan. If I suddenly die, and my estate still owes federal taxes and there are no assets that can cover the taxes in probate process, could IRS lay any claim to a term policy that shows my sister as sole beneficiary. I help my sister financially and want her to have this if I die before she does.
No! If you were to die the value of the insurance policy would be an asset of your sister not you.
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sadly my mother has passed away, she has various accounts with different amounts of money, she has a few unpaid bills, there is only myself and my brother, he said as the money is over £5000 we would have to go probate.
What does this involve (obvoiusly it must involve tax knowing this country!).
Could someone please tell me waht this entails and how long is the process.
Thank you very much
Applying for probate is to get permission from the court to administer your mother's affairs. If she left a will that is easier than if she didn't.
Go to http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=735 and download the application form and the guidance notes.
If you need help then go and see Citizens Advice Bureau.
Given the amount of money left by your Mum there should be no tax to pay. However, make sure you maintain records of all money, investments, debts etc that you find so that you can demonstrate this to the tax authorities if they ask. Don't forget that you must inform the pensions service if she was receiving a pension and the appropriate benefit agency if she was receiving any other benefits.
There is a useful book called 'what to do when someone dies' that you should have been given when you registered the death. It's worth reading.
Not a nice job to do but it has to be done. Good luck.
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oK… my dad died in oct-2006.
Probate was just filed on 1-mar-2007 and courtdate of 12-mar-2007.
Executor: My uncle – lawyer was retained by him.
(He had stated previously he was reliquishing his executor status to Edward Jones (yet the laywer & docket info say uncle filed.
Question: as one of several direct children should we have recieved any notification about the probate before now…or is that still something that will happen during the course of probate process.
My biggest problem is that Im getting contradictory info depending on who I talk with (Lawyer,investment rep, uncle, etc?)..
Our dads will & trust is mostly going to his kids (us) though not all.
Only the house & personal items are not in the trust, yet the trust is seemingly being held up by probate (which doesnt make sense).
The file is too new for much to have happened yet, so it wouldn't really be accurate to say anything is being held up.
Your Uncle's previous statement of relinquishing executor status has no legal effect. When it gets put on paper and approved by the Probate Judge, he's no longer Executor, and the new one may be determined by what the Will says. Until then, your Uncle is it.
You are probably getting contradictory information because most of them don't know what they're talking about. The Lawyer is the one that should give you straight answers, assuming you are an heir under the Will.
If you are, you will be notified of everything the Probate Court is asked to do, before they decide whether or not to do it
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Wouldn't everything just go to my wife? I understand a will just informs the judge of how I want my assets distributed – it doesn't 'side step' the probate process. I also understand the need for a revocable trust, to help lesson taxes and avoid probate (generalizing). I live in Ca. We are having a duaghter soon.
My assets are under 1 million but over 500k. I'd like some non biased feedback before I go to speak with an attorney.
Thanks!
First of all you NEED a "living will". And you need the document that tells who you want to handle your cash, your medical needs if you can't speak, and who you want to take care of you if you're in need.
you mentioned a trust, so I assume you have children. And you didn't say the age of your wife. There are things to think about that say your wife dies first and you die right after her say in an accident or visa versa, then your desires will get messed up if you don't have a will, or if you both don't have wills.
Everyone who has over $65,000 and owns anything MUST have a will. Under that they may or may not want to but they still must determine who their executor or executrix will be. Maybe your spouse will be older and never handled the money or elderly and can't handle the monty. So please, for your own good, contact an attorney ASAP and get all this taken care of. Remember to include your daughter (and you'd be adding children to your will as an Adendum later, or changing it altogether).
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At what point? Does it happen before you put it on the market? Is it when the buyer decides to make an offer? When? Is it different for a probate sale? I don't think it matters but this is in California.
Generally, the house should get appraised twice. The lender always orders an appraisal (right before closing), and the buyer also can opt to do an appraisal.
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My father’s estate will have to go to Probate because he was receiving Social Security, and I was very curious about this process.
Does anyone have any tips and things that can help me get through this stressful time?
Thanks!
I am not sure what Social Security has to do with it as much as he had something to probate.
Did he write a will?
Most counties in ohio have info on line now days in reguard to probate court. Do make sure the court has your correct address.
I had to go to probate court while a family member was still alive due to me having Guardianship, It was in a very private setting and around a confrence table if that helps you..
. After my Grandmothers death my lawyer handled the rest of the probate.
So do what it best for you and your family.
I know its hard..
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I live in washington state, and i feel that when my father passed away, his ex-signifigant other either destroyed my father's most recent, valid will or else forged one all together.This person also claimed to be POA for my father,and made some VERY disturbing end-of-life decisions for my father,even though I was there at the hospital before he died.Followong his death,this person simply told the hospital that the POA documents could not be found-though my mom(dad's ex-wife) and I had informed the hospital the whole time we were there that my father had revoked this person's POA status years ago!This person,I've found in my recent research has been charged with,and convicted of,TWO SEPERATE counts of medical malpractice!This person appointed themselves as Executor of my father's estate, & claims that my father left nothing to me or his only grandchild, which i know is untrue. I'm also wondering if there is a statute of limitations,& if anyone has advice for finding legal help pro-bono
Step 1. You hire a probate lawyer.
Step 2. You let the lawyer handle it.
You will not be able to do this on your own. You did not even recognize that it depends on what state you live in.
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I understand that the will must be brought before a judge for validation (probate process), but how long does that take? Is there a specific time period/waiting period? What happens after probate? Can someone walk me through it, please?
The executor has been established long ago. I just wondered what to expect. My mother-in-law is the one who's passed, and my father-in-law is the executor (even though they were divorced). I'm in Texas if that makes a difference. My father-in-law would like to give us my mother-in-law's vehicle for our daughter to drive, but I had heard this would take a long time. My husband put it on our insurance today, and I told him that he should have waited. I just wanted to know what to expect and if we should take the vehicle back off our insurance until the legalities are settled — and about how long that would take, assuming my father-in-law picks up his pace.
It really depends on the estate. Are there assets to be sold and debts to be settled? It could be a short period or a long one.
In any case, no assets should be passed to heirs until all debts have been settled. I agree that your hubby jumped the gun on insuring that vehicle. Wait till you actuall get title to that vehicle. It only takes a phone call to add the car to the insurance but you might be paying insurance on that car for months before you actually get it.
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