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Probate

Probate is the process and the type of court that handles the evaluation of an estate. This includes the inventory and the subsequent liquidation through settling debts and the transfer of property.

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What is a caveat?

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usually a warning or a condition one should be aware of as in the latin phrase caveat emptor which means buyer beware!! and that is the full extent of my knowledge of latin In addition to the above, the term "caveat" refers to a challenge of the validity of a will after the decedent has died but before the will has been admitted to probate. It has the effect of forcing the matter into will contest litigation. ---- In the UK, a caveat is a restriction entered at the Probate Registry to prevent someone from taking out a grant of probate or grant of letters of administration. It is usually done where there is likely to be a dispute, e.g over the terms of a Will or over who should administer an intestate estate. It does not always lead to litigation - it simply prevents administration of the estate until the dispute is resolved, either by mediation, litigation or other agreement between the parties. A caveat needs to be renewed regularly, and can be removed at any time by the person who registered it.
A warning of specific conditions or limitations.

How long do you have to run newspaper ad for creditors for probate in pa?

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In Pennsylvania, creditors must be notified through a legal notice published in a local newspaper for three consecutive weeks. This requirement is in place to allow potential creditors to come forward and make claims against the estate during the probate process.

What does an executor of estate do when a will wasn't made and there is a lot of unknown debt Is it mandatory to post who the executor is in the newspaper so these debts can be paid?

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When there is no will, the estate is typically distributed according to state laws of intestacy. The executor would need to identify and pay off any known debts using the estate's assets. While it may not be mandatory to publish the executor's name in the newspaper, doing so can inform any creditors of the estate, making it easier to address outstanding debts.

How do you see obituary from castleberry Florida?

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To find an obituary from Castleberry, Florida, you can search online obituary databases, check with local newspapers in the area, or visit the official website of the city or county to see if they have any recent obituaries posted. Additionally, funeral homes in the area often have obituaries on their websites or can provide information on recent services.

How can you find the assets of a death in intestate?

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To find the assets of a deceased individual who has died intestate (without a will), you can start by searching their personal records, such as bank statements, tax returns, and property documents. You may also contact financial institutions, employers, and government agencies to inquire about any assets in the deceased's name. It may be helpful to consult with a probate attorney for guidance on the legal procedures involved in identifying and distributing the assets.

For probate purposes are old and used furniture etc considered to be of any value?

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Yes, old and used furniture can have value for probate purposes, especially if they are antiques or collectibles. It's important to have them professionally appraised to determine their fair market value. This valuation will be used for probate inventory and potential distribution to beneficiaries.

Where can you find Estate Administration and Probate of the Estate forms?

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You must obtain the forms from the court where the probate will be filed.

You must obtain the forms from the court where the probate will be filed.

You must obtain the forms from the court where the probate will be filed.

You must obtain the forms from the court where the probate will be filed.

Can you revoke your waiver of inheritance?

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In general, it is not possible to revoke a waiver of inheritance once it has been made. Once the waiver is signed and accepted, it is legally binding. However, laws can vary depending on jurisdiction, so it is always advisable to consult with a lawyer for specific advice regarding your situation.

How does the executor of the estate of deceased car owner change the vehicle title to new owner in NC?

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To change the vehicle title to a new owner in North Carolina, the executor of the estate of the deceased car owner needs to follow these steps:

  1. Obtain a certified copy of the death certificate of the deceased car owner.
  2. Complete the appropriate sections of the vehicle title, including the transfer of ownership section.
  3. Submit the completed title, along with the certified copy of the death certificate, to the North Carolina Division of Motor Vehicles (DMV) for processing.
  4. Pay any necessary fees and taxes required by the DMV.
  5. Once the transfer of ownership is approved by the DMV, a new vehicle title will be issued in the name of the new owner.

What documents do you have to have when a person with a living estate dies?

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When a person with a living estate dies, it is important to have several important documents: the deceased person's will, any trusts they may have created, legal identification documents (such as a passport or driver's license), their birth certificate, their social security number, and any financial records (bank statements, investment accounts, etc.). These documents will help facilitate the probate process and ensure that the deceased person's estate is handled in accordance with their wishes.

I live in TN. My dad's will states half goes to me and half goes to my sister. If my sister dies and then my dad dies before he can change the will does my sister's husban get her half?

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The distribution of assets would depend on the specific provisions in your father's will. If the will does not mention any alternative beneficiaries or contingencies, then your sister's share would typically pass to her heirs, which may include her husband. However, it is advisable to consult with a legal professional to understand the specific laws of your state and review the details of the will.

How do you become a executor of the estate in Colorado?

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To become an executor of an estate in Colorado, you need to be named as such in the deceased person's will. If you're not named, you can still apply to the probate court to be appointed as an executor. This involves filing a petition with the court and providing necessary documentation, such as the death certificate and the will. It's advisable to consult with an attorney familiar with Colorado probate laws to guide you through the process.

How can i challenge intestacy law?

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To challenge intestacy law, you would typically need to consult with an estate planning attorney who specializes in probate law. They can help you understand the specific requirements and grounds for challenging the law in your jurisdiction. This may involve filing a lawsuit in court, presenting evidence, and making legal arguments to support your case.

Does an executor have the right to a fee after probate on the sale of a property?

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Yes, an executor is entitled to a fee for their services after probate, including the sale of a property. The amount of the fee can vary depending on the laws of the jurisdiction or the terms of the will, but typically, it is a percentage of the estate's value or the proceeds from the property sale.

Can you open probate to collect a debt from an estate?

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No, you cannot open probate solely to collect a debt from an estate. Probate is the legal process by which a deceased person's assets are distributed to beneficiaries and debts are paid. However, if you are owed a debt by the deceased, you can file a claim against their estate during the probate process to receive payment.

Why is a bond posted in an estate lawsuit?

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A bond is posted in an estate lawsuit to protect the estate and its beneficiaries from potential harm or loss caused by the actions of the executor or administrator. By posting a bond, the executor or administrator provides assurance that they will fulfill their duties faithfully and responsibly. If they fail to do so, the bond can be used to compensate the estate for any damages incurred.

Can a property from probate estate be rented out monthly if there are creditor claims?

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In most cases, a property from a probate estate can be rented out monthly even if there are creditor claims. The income generated from the rental can be used to satisfy those claims after other expenses related to the property have been paid. It's important to consult with an attorney or probate professional to ensure you are following the proper legal procedures.

When someone died how do you know if he left anything in the will for you?

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Typically, the executor of the deceased person's estate will inform beneficiaries mentioned in the will. If you suspect that you may be mentioned in a will but have not been notified, you can inquire with the executor or contact the estate lawyer handling the matter. Additionally, wills are usually filed with the probate court, so you could check there to see if a will exists and if you are named as a beneficiary.

What is a residuary bequest?

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A residuary bequest is a type of bequest made in a will where the testator designates that any remaining assets or property, after all specific bequests and debts have been addressed, should go to a particular beneficiary or beneficiaries. It ensures that the chosen recipient receives any remaining portion of the estate.

Can a Will be ignored?

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A Will should generally be followed unless there are legal grounds to challenge its validity, such as fraud, undue influence, or lack of mental capacity of the testator. However, laws vary by jurisdiction, so it is best to consult with an attorney to understand the specific rules and circumstances that could potentially invalidate a Will in your jurisdiction.

Can anyone live in a home that is currently in probate?

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Typically, probate properties are owned by the deceased and are undergoing the legal process of distributing their assets. Depending on local laws, it may not be possible for someone to live in a home in probate unless they have legal authority to do so, such as being named as the executor of the estate or obtaining permission from the court. It's best to consult with an attorney or legal professional to understand the specific rules and requirements in your jurisdiction.

What must be accomplished prior to unpacking and handling any EED?

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Prior to unpacking and handling any EED (Explosive Ordnance Disposal), it is important to conduct a thorough risk assessment and ensure the area is safe and clear of any potential hazards. Proper training and certification in EOD procedures is also necessary to handle and dispose of EEDs safely and effectively. Following established protocols and guidelines is crucial to minimize the risk of accidents or explosions.

Does the estate of a deceased person pay the taxes until probate and deed is in beneficiary name?

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In general, the estate of a deceased person is responsible for paying any taxes owed until the assets are distributed to the beneficiaries. Once the probate process is completed and the property is transferred to the beneficiary's name, they would become responsible for the taxes going forward. It is important to consult with an estate attorney or tax professional for specific guidance based on your situation and jurisdiction.

What is the address of the probate office in Belfast?

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The address of the probate office in Belfast is Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF, United Kingdom.

What is the difference between probate and intestate estate?

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Probate refers to the legal process by which a deceased person's will is reviewed and authenticated by the court. It involves the distribution of assets as outlined in the will. On the other hand, an intestate estate refers to the situation where a person dies without a valid will. In such cases, state laws determine the distribution of assets among the deceased person's heirs.