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 is impossible to answer a bare question such as you posted without any context - is the firm the executor of the estate or do they represent the executor? If so, then yes they can.

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... View 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... View More

You will have to pay taxes on the land that you sell if the value that you get for selling the property is larger than the value that you inherited the property at. When you inherit property, the estate tax takes care of the taxes due on the difference in value that the deceased individual holds... View 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... View More

This definitely is going to be something to discuss with an attorney who regularly works with probate.

The executor has control over personal property for the payment of debts, taxes, etc., but there is generally a fiduciary duty that the executor refrain from self-dealing. The executor... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 15, 2020

Not sure of your question. But it sounds like NJ Intestate Secession probably makes the Decedents' issue Heirs-At-Law along with the surviving spouse. And all Heirs are needed to convey.

The challenge that you may make will depend on the status of your father's Estate, whether it is still in the probate court or was already closed by the probate court.

I'm sorry for your loss. You may not have to do very much as everything was POD. And that included 'probate'.

I suggest you consult an attorney - in Virginia - to advise you and reassure you of where you are. Elder Law attorneys are familiar with estate law and procedure -... View More

I'm not sure that you have any duties until the Court appoints you as Executor or Administrator, but it would seem to be in your interest to pay the bills to keep the utilities turned on. In many places, utility companies have either voluntarily or by state orders indicated that they will not... View More

A will typically might contain specific bequests of personal property, or reference to a list that may or may not be binding on the executor, specific devises of real property, and a residuary clause, which transfers all the rest of the estate to particular beneficiaries. Your question does not... View More

There is no clear answer to your question without knowing additional facts.

Under Virginia Code Section 64.2-620, certain transfers upon death accounts are nontestamentary, meaning they are not part of the probate estate and pass outside the will. This includes payable on death (POD) bank... View More

Virginia would not consider you divorced unless you filed for divorce. From there, intestacy procedures and the terms of the contract for the credit cards would apply. In theory, you should be able to contact the credit card companies and close out the accounts if they are solely in your... View More

Of all the categories you chose, maybe the best one to start with could be to contact an estate planning/probate attorney. They could probably assess what kind of investigative/legal resources are needed. You could look up such attorneys here (Find-a-Lawyer, above), or through your own independent... View More

There is no way to tell from your question. You don't specify whether the land is located in Virginia or some other state - 233,000 acres is huge for Virginia; more likely in a western state. The laws of each state are different.

That said, you would need a title search to determine... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2020

If everyone agrees yes. But you do need to check building and zoning codes. You might be prevented from building a house without a legal subdivision. Or not. It is something to be verified.

A person may die testate, with a will, or intestate, without a will. Whether to probate an estate is an important threshold issue. In some instances, it is advantageous to probate an estate or will. In some other instances, it is not necessary, or the costs, inconvenience and liability outweigh... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2020

The stocks obtained a step up in basis when your father in law died. This is a good thing. Now if an heir chooses to sell a stock when it's down, the heir will be able to deduct the loss on his or her tax return.

Many banks have trust departments. Some folks pick banks as their trustee, guardian or attorney-in-fact because the trust departments have skilled, knowledgeable, full-time, professionals who understand their fiduciary duties and all the reporting requirements. Money, and money management, can... View More