Every state in which I practice gives executors, administrators, and personal representatives powers to accomplish their objectives. If you don't know what those powers are or how to use them, you need to retain counsel. The estate can pay for that legal advice, so it isn't coming out of...Read more »
The Will must be probated, and the court must appoint the personal representatives (executors/executrix in Virginia) before they have any power at all. If the bank account is not a probate asset. like an account in which a beneficiary is named or a joint account that was not created for the benefit...Read more »
The executor must file an inventory and an account. Anything that isn't accounted will come into question. If you suspect a greater problem, you should communicate with the estate's attorney or with the Commissioner of Accounts.
It depends on how severe the beach is. If, for example, the breach amounts to theft or conversion then, yes, it is possible. Breach of fiduciary duty is first and foremost a civil offense, and there is typically no criminal liability for civil offenses, but there is some overlap between civil...Read more »
If the account had a joint tenant with right of survivorship that was not a Totten Trust or a POD or a designated beneficiary, then the funds pass to the designated beneficiary outside of probate. The executor has very little to do with it, and the bank should only require the beneficiary to...Read more »
I'd be happy to sell you a discounted one-hour consult, and we could do it by Zoom in these quarantine conditions, but why would you want to open a probate estate? If her assets were $8,000 -- assuming you could get $8,000 after it was moved off the rental property -- and her debts were...Read more »
Have you consulted an experienced lawyer? There are a lot of considerations that many people don't know, such as the answer to your question. At least once a month I save my clients a lot of money - a multiple of my consultation fee - because of those details.
The appointed commissioner of revenue also had been asked prior to the appointment of an executor to represent myself and while in a consult with senior partner in firm he had me bring important paperwork in that he most surely copied because he took them out of conference room for around thirty... Read more »
I have no idea what you are asking. First, I think you are referring to the Commissioner of Accounts for your jurisdiction, but the executor or your father's estate would have been appointed by the Register of Wills, not the Commissioner of Accounts. If you did not petition to become the...Read more »
Now they want my husband to settle up with them because he was sole heir. We dont know what to do!
My brother inlaw denied to his dieing breath it was untrue what my nephew accused him of but the lawyer said we owe him money for the pending lawsuit he had on going when my brother inlaw... Read more »
The type of lawyer you need is a probate lawyer who also does litigation. If you are representing the estate and the estate is in Virginia, you may use the estate's assets to pay the litigator as needed. You can find an attentive and talented lawyer by searching the Find a Lawyer function at...Read more »
25 years ago. Brother inlaw denies all allegations and nephew has no witnesses or proof. He did not say anything about this issues until he found out my brother inlaw was dieing and thought he had a lot of money.
My husband took care of his brother with ALS for 2 yrs and left everything to... Read more »
I’m not sure what you are asking, but it sounds like you need a lawyer to review and file a demurrer. If the estate has no money and no claim can be made for fraudulent transfer, I think the case is likely over. Negotiating pro se is a waste of time.
Dad wanted me & my brother to be co-trustees. My mother redid the trust and named my brother & herself as co-trustees. They tried to keep Dad's will out of my hands. I finally got a copy from her lawyer. Seems fishy to me.
If the land was held by entireties with his wife, and if he predeceased her, it wasn’t his to give in his will. The land passed outside of probate to the survivor. Nevertheless, there are confusing references to trusts, and trusts imply inter vivos grants prior to demise or special titling of...Read more »
My sister was the holder of the will. I was told she lost the will which we all knew how he wanted the estate to be left to his children. Since she lost the will the court suggested we do a estate transfer. If we do the estate transfer it not only will go to his children but the now ex wife since... Read more »
The remarriage is irrelevant. The theft of the Will by the sister is a felony, but it must be proven. After all, storing the Will with one of the heirs or beneficiaries was just plain stupid. The widow is entitled to her intestate succession or her spousal share (often called dower) rights, which...Read more »
Mom had dementia. she had the original of her will but then lost it. My sister who is her executrix has a certified copy of the will but is told she can't use that to probate. Since the original is lost, can her certified copy be used?
The idea that she "lost it" is a problem. You need put the matter on before the court rather than the probate clerk and prove that your mother did not lose it for the purpose of destroying it. Even if she had dementia, she might have been lucid enough to lose it or destroy it...Read more »
ROANOKE, VA NOT MASON, OH...My brother is the executer of my aunt's will that died Nov 2019. He's lied to all of us, supposedly the only 3 expensive pieces of jewelry are "missing" & he told the insurance inventory there wasn't any. He's a jerk to everyone, partly... Read more »
This is the second time I've read this question, but I still don't have an answer you can DIY without a lot more interviewing and potential filing. You need a lawyer, and the lawyer may be able to petition for you to be executor because your brother declines to serve. If the estate is too...Read more »
He married her after he bought house but is trying to sell but cant because his children need to sign paperwork and I have no clue what this means I live in Fredericksburg va the house is in deptford nj
All assets were liquidated into a POD account years ago, all current income taxes, funeral costs, and debts have already been paid. Only final taxes on bank interest, a modest Social Security income, final IRA distribution costs and the POD account will remain when Mom passes. Does the estate have... Read more »
This was a murder suicide. I understand slayer deemed to have died first in these cases and victims family becomes heirs to everything. What happens to skaters debt, and who pays slayers funeral expenses?
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