No. All estate debts should be considered after the creditors file their claims. If there isn’t enough money in the estate to pay claims in full they will need to be pro-rated. Although you may legally continue to operate an account as a joint owner, those funds typically are not probate assets. So, you may … Read moreIf my name is on the decedent’s account, should I pay the bills?
No. When the principal dies, the agency ends immediately and so the power-of-attorney no longer exists. Contact us now to inquire about our probate related law services.
Whether the decedent made a Will or not is irrelevant to whether an estate needs to be opened. Depending on the size of the estate or the purpose for which the estate is being opened, one may open a Small Estate, a Estate, a Regular Estate, or an Estate for Administrative Purposes. Contact us now … Read moreIs Probate necessary if a person dies without a will?
When someone appoints you as their power-of-attorney, also known as an “attorney-in-fact,” you are the person’s (the principal’s) agent with authority to act on that person’s behalf. When the principal dies, the agency ends immediately and so the power-of-attorney no longer exists. The person appointed to probate or administer the deceased person’s estate is known … Read moreWhat’s the difference in being Power of Attorney, Executor or Personal Representative?
There is no legal requirement that an attorney be used to probate an estate. If the estate is simple and one is detail-oriented and willing to do some research and make an effort to understand what is required, the average person should be able to get through the process without a major problem. However, there … Read moreDo I need a lawyer to probate an estate?
Even if named Personal Representative in the Will, one does not become the Personal Representative until the Court issues Letters of Administration which officially appoints the person Personal Representative. If there is no Will, the estate will be administered as “intestate” and the statutory order of priority of appointment will apply unless the interested persons … Read moreHow does someone become Personal Representative in the will?
The first step, after someone dies, is to determine whether there is a Will. If the Will cannot be found at home or in the decedent’s safe deposit box, check with the Register of Wills for that County since many people register their Wills. If you don’t know whether the person has a safe deposit … Read moreHow do I find out if the Decedent made a will?
An Ancillary Estate is a kind of piggy-back probate procedure that has to be performed in another State, for example, if the decedent owns real estate located in another state, an Ancillary Estate will need to be opened in that other state. Contact us now to inquire about our probate related law services.
An estate is probated in the County in which the decedent resided as at date of death. However, there are nuances. For instance, if the person had more than one home, the place of domicile will govern. If the decedent owns real estate located in another state, an Ancillary Estate will need to be opened … Read moreIn which county or state should the estate be probated?
The first step, after someone dies, is to determine whether there is a Will. If there is a Will, it must be handed in to the Register of Wills for the County in which the decedent resided when he or she died. That is usually done when the estate is opened. A Petition for Probate … Read moreHow do I create an Estate?