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What happens to credit card debt when a person dies in Florida?
It becomes part of the probate procedure of the deceased's estate.
What happens if your dad dies without a will and only a portion of his property was put through probate?
Answer: The probate would need to be reopened.
If a person dies leaving no assets will the executor named in the will be released of all duties?
If a person dies owning no property whatsoever, the executor won't petition the court for appointment. An executor named in a will who is never appointed by a court has no power and no responsibilities. The will can be simply "filed" with the probate court for a nominal sum without actually opening a probate procedure. It will be indexed in the probate records for future/historical reference purposes only.
Does a wife of 20-years have the legal right to the house when the husband dies without a will and he had children from a previous marriage?
She should have the rights to the house. Normally when a person dies without a will, the state has a default will that they use to determine who gets the assets. Check with an attorney for your state. * In every state the current spouse of the deceased is entitled to the homestead or a portion thereof. Generally the largest portion of an estate is awarded to the surviving spouse by means of the state probate succession laws when the person dies intestate. Furthermore, the primary residence of the married couple is never entered into probate procedure in community property states or included in probate procedure in other states unless the property title bears the names of persons other than the surviving spouse.
If Father dies and name not on child's birth certificate can he be an heir?
Not without an extended, and expensive, probate challenge.
Is a child automatically entitled to fathers will?
Before the father dies, no. After the father's death, not automatically, but usually provided as part of the procedure obtaining their consent to probate of the will.
Can a will be filed with the probate court before you die?
Yes. Many probate departments allow testators to file a will for safekeeping for a minimal charge. That way, no one needs to search for it when the testator dies. They simply visit the court and file a petition to commence the probate procedure.Yes. Many probate departments allow testators to file a will for safekeeping for a minimal charge. That way, no one needs to search for it when the testator dies. They simply visit the court and file a petition to commence the probate procedure.Yes. Many probate departments allow testators to file a will for safekeeping for a minimal charge. That way, no one needs to search for it when the testator dies. They simply visit the court and file a petition to commence the probate procedure.Yes. Many probate departments allow testators to file a will for safekeeping for a minimal charge. That way, no one needs to search for it when the testator dies. They simply visit the court and file a petition to commence the probate procedure.
What happens when a person dies without a will and the deed is a survivorship deed?
Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.Sole ownership of the property passes automatically to the survivor without requiring a probate proceeding.
Can your brother who has power of attorney for your deceased mother transfer the deed to her house into his name so that it will not have to go to probate?
The POA becomes invalid when a person dies.
How do you sell land that is inherited?
When a person dies owning real estate, their estate must be probated in order for title to the real estate to pass to the heirs legally. The estate must be probated whether the decedent died with or without a will. The property can be sold by the estate during the probate procedure once the debts of the decedent have been satisfied. If the property is not sold by the estate, it becomes the property of the heirs once the probate procedure has been completed. The heir(s) can convey the property by deed, citing the probate case as their source of title.
If your husband dies and his car is titled in his name does the wife get it automatically or what happens?
It depends what his will says. If he dies without a will then it depends on the laws of intestacy where you live. In most states it will have to go through probate. It may be sold during probate to pay for outstanding debts or to satisfy taxes.
How do you transfer a deed when a parent dies without a will in Texas?
You open an estate with the probate court. The executor of the estate can issue the deed to those who inherit.
