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Probate Wills

what is the difference between wills, probate and power of attorney?

A Power of Attorney is a document which allows someone else to sign documents and deal with your affairs whilst you are alive.

A Will is a document which states what you wish to happen when you die - it comes into force on your death

A Grant of Probate is a document issued by the probate registry confirming that the Will has been "Proved" is valid and cab ne used by the executors to authorize the financial distribution of the deceased’s estate.

Can someone be made through the court to surrender a will if it is in their possession?

Any court having jurisdiction of the probate of wills, that is informed that a person has in his/her custody the will of a testator, may summon him/her by proper process compel them to produce the same. However if you know that someone has the will, you can demand in writing that they produce the will within 10 days or confirm that they do not have possession or knowledge of a will.

If someone is the personal representative of a will and estate in Idaho, what are the family allowances for debts mentioned in the Idaho statute 15-3-1203?

Under Idaho statute 15-3-1203, where as estate is valued at less than $100,000, an interested party may, thirty (30) days after the death of the decedent, issue a small estate affidavit to collect any debts owed to the decedent.

(a)Thirty (30) days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person or entity claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that

On what basis would a judge change the executorships’?

You will have to petition the court as if you are really challenging the will. In order to successfully do that, you will have show substantial proof as to why the will should be modified. The judge will only grant the change if substantial proof can be shown that there was negligence, theft, lack of best interest or foul play was or is involved.

How would someone probate a will in Texas?

The initial process in probating a will is to file the original will with the application for probate of will, along with the issuance of letter testamentary with the court.

1) Once the Application has been filed, Texas probate law requires that you must wait approximately 2 weeks before you can have a hearing on the Probate Application for the Court to determine the necessity to open the Administration of the Estate and/or to recognize the Decedent's Will as valid.

2) During the 2 week waiting period, the County Clerk posts a notice at the courthouse that an application has been filed for probate. This posting serves as notice to anyone who might want to contest the Will or administration that they have a certain number of days to do that. If they fail to file their contest within that period of time, the Court can move forward in opening the administration and/or recognizing the validity of the will.

3) Once the waiting period has passed, a hearing will be conducted before the probate Judge. At that time, he (Judge) will recognize that the Decedent has died, that the Court has jurisdiction of the case, that the person applying to be the executor is qualified to serve, and that either the Decedent died without a Will or that the Will the deceased left was valid.

Handling a will or probate law issue is often a tough role to play. Family law advice can be costly. However, Experts can help answer your questions pertaining to wills and probate without the hassle of leaving your home and hiring an attorney. The Experts do not replace the need for an attorney, although they can help you determine your need for one.
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