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Probate Law Questions

What is probate?

When a person dies, the first step that the family will take is probate. Probate is used to administer a deceased person’s assets and dissolving all claims to make sure that the will is followed. A probate court is the type of court that administers the probate and decides the legality of the will. Once a will has been through probate, the will becomes legal and binding and if a person needs to involve legal courts to get the probate enforced, they can.

How can a person collect on a probate judgment when the old executor will not pay?

The person can force the assets be returned to the estate since the old executor fraudulently took the assets. If the old executor knew that there were debts that still needed to be paid, then the person practiced a breach of their fiduciary duties. The new executor will need to hire a local attorney and take the case back to probate court and get a contempt judgment.

What can a person do if they have a will in probate and the other beneficiaries are up on charges of murder by the District Attorney?

If the District Attorney files charges against the beneficiaries for murder, then the other person can file a charge with the probate court to have the probate stayed. The person would need to use the findings of the District Attorney in the criminal matter to strengthen their case for the will to be contested. The person would need to make sure they had all their evidence that the codicil was not a proper person to receive the proceeds of the will through the charges of murder from the District Attorney.

What kind of form would a person have to fill out to be able to get rid of the deceased person’s assets if the beneficiary was an only child?

The person would need to go to the court house and fill out documentation that shows that the person is the executor. A letter of testamentary will be given to the person by either the judge or the clerk. Without there being a will, the person would have to establish that they are the only heir and that they are indeed the deceased person’s child. The person would need to bring with them to the court house, a death certificate and the will once the will is obtained.

In the state of Arizona, are heirs required to probate an estate if the heirs are in agreement on distribution of the assets?

If there are any titles involved, then in Arizona the estate will have to go through probate. If there was a representative named, then that person would be filing for probate and would have the legal right to distribute the estate, if there was no will, then the probate court will designate a person to be the representative. Once the representative is named, the estate will be inventoried, all debts paid, taxes paid and filed if required, and sell the assets of the court agrees and then distribute the remainder to the heirs.

Probate is a way for families of people who pass on to distribute the property in the estate of the deceased person. When there are several members of a family involved or probate court gets involved, then there may be several questions that may need answered. When these questions arise, then the person/persons would need to contact an Expert to gain the insight that will help them understand probate.

Ask an Estate Lawyer

Thomas McJD
Thomas McJD, Attorney
Category: General
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
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9 Estate Lawyers are Online Now

How JustAnswer Works:

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Estate Lawyers are online & ready to help you now

Thomas McJD
Attorney
Satisfied Customers: 3170
Wills, Trusts, Probate & other Estate Matters
Infolawyer
Attorney
Satisfied Customers: 4465
Licensed attorney helping individuals and businesses.
Barrister
Attorney
Satisfied Customers: 3251
14 yrs estate law, real estate. Wills/Trusts/Probate

Recent Probate Questions

  • A former daughter-in-law ( divorced from my son in 2011) wants

    A former daughter-in-law ( divorced from my son in 2011) wants us to present all our financial records to the court so as we do not and can not make any Beneficiary changes.
    She received a court order to have everything he had in his possession at time of their divorce. It amounts to $ 50,000 consisting of tools, machinery and household goods.
    He has been ordered to pay $400. a month next ten years. He has no money, no
    real estate and stocks or bonds. My wife and I are not a part of this battle that exists between the two of them. She sent the judge a request to put a freeze on of the all accounts of ours. We are both 75 years of age and count on our finances to survive.
    Is this possible that this could happen?
  • What does one have to do to get an trust inheritance paid

    What does one have to do to get an trust inheritance paid out?
  • ! I have a personal advisee who has a recent hand-written

    ! I have a personal advisee who has a recent hand-written will from her mother but her sister from whom she's estranged, had had a formal will written up with a lawyer in 2004.
    This si inthe state of Illinois. Is the hand-written will admissable in court? As I've seen before, my client took care of the mother and all her properties but the distant siblings sold the mother's house when she died and pushed my client out. Can the poor 70 yo woman who is left homeless and living alone in a motel get a lwayer pro bono or would the court appoint one Yes, those is basically a sibling estate war. Thank you help you can oprovide me in advising her! I speak to her Monday at 8pm. Cheers, Alexandra
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