Probate Probate Court
Probate is the legal process of administering decedents? estates. In many states, family court is part of, or under the jurisdiction of, the probate court.
Question: Why did the russian revolution social structure promote privilege? is it because the social structure of russia was based on privilege by birth instead of utility and merit?
Answer: Initially the October Revolution fought against the inherited privilege of birth that Russia had been based on under the Tsars. The Aristocracy were arrested, exiled and many were executed, their estates and possessions confiscated.
Trotsky, amongst others, were concerned that the October Revolution would settle down, and would create a stable, elite, class of politicians and bureaucrats. Trotsky called for "Permanent Revolution" - in order to both export the revolution to Western Europe and to periodically remove these elites (not by executing them) and replacing them with a new cadre of politicians and bureaucrats drawn from the working class.
Stalin, in the 1930s, also was concerned that the political class was becoming an elite, and was concerned that the millions who joined the party after 1917 had done so in order to further their careers, not because of enthusiasm for communism. In order to remove these "careerists" Stalin launched the Great Purge (That's not the whole story, but it did play a large part in the thinking behind the Great Purge).
Khrushchev also had this concern, and tinkered with the structure of the party - splitting the party into industrial and agricultural wings.
But, under Brezhnev, who replaced Khrushchev - largely because the party was fed up with the constant changes he brought - the slogan called for "Stability of Cadres". There were to be no radical shakeups, people had a job for life, and their children could benefit from better schools, better contacts and a better chance of party membership and promotion than the children of ordinary Soviet citizens.
Question: Did Obama wins his presidency as academically victory or a privilege? Its academically victory or it is a privilege that make son of Africa to be in the White House.
Answer: Obama won his Presidency because the Republicans did not put up a viable candidate; plus the fact that good old Hussein kept using the word "change" over and over again without ever explaining change from to what. Had he explained his vision of replacing Democracy with Socialism, he would not be ****ing up America.
Question: Is it wrong for parents to treat exercise like a privilege? It it wrong for parents to treat exercise like a privilege?
I for one, strongly say it is. It's no wonder there's so many obese children in North America when THIS is going on:
"If you don't do the dishes you can't play hockey this week!"
What's your opinion on this?
Answer: Story of my life! My parents won't let me use my work out dvds if I'm failing in school, or if I disagree with them.
Question: What do you do if your rights are violated by a Probate Court employee? How do you report a Probate Court employee who violated your rights (If you can prove undeniably that they were violated)?
Answer: a you need to talk to a prosecuter
Question: Someone died and left you their car, how do you get a clear title without going to probate court? My grandmother died and left me her car (no lien), but I dont know how to transfer the title without going though a probate court. She really didn't have any money and there is no "estate". Can I just get a salvage title or give the DMV her death certificate?
Answer: We had a problem with no will so I called our dmv / tag office. The nice lady there hinted at , but did not suggest, that I forge my dad's name on the title as seller. Did that and everything was OK, transfered the title to me.
Question: Why would a man have to go to probate court to be appointed guardian of his own two sons? I have a case from 1842 in Worcester, Mass. where a man went to probate court to appeal to a judge so he could be appointed guardian of his sons, ages 5 and 3. He and his wife had married before the oldest was born and had several children after these, so it's not in dispute that he was their father. The oldest was even a junior. He had two sureties with him to guarantee the $1,000 bond. I have a copy of the record and it still doesn't make sense.
Answer: For instance, Texas is a community property state. If a married person with children dies intestate, the spouse inherits 1/2 of the deceased spouse's part of the property and the children inherit 1/2 of the deceased spouse's part of the property.
If the children are minors the only way the surviving spouse can sell any of the community property is to have the court name him/her as guardian of the children's property. The surviving spouse is usually already guardian of the children's person but not the property.
This is a good argument for people to have a will.
Even if they are no longer minors it could add to the hassle. My father said after my mother died he didn't think he wanted to probate her will. I told him if didn't he couldn't sell any of her property without the will being probated unless his 3 daughters signed. Since one lived out of state, it would just have been unnecessary hassle.
In some families this could really be complicated.
Question: What does it meen when you are told the Property you are buing has to go through Probate Court? I was left some Property that was in a Living Trust. I have been tring to sell the Property but have been told it has to go through Probate Court,I thought that was what the Trust was for. What can I do to speed up the process?
Answer: Consult with a lawyer. Have them examine the trust. If the trust was drawn up properly you should not have to go through probate.
Question: A I able to view a Texas will that has been submitted to probate court? The will was submitted to probate court in 1999.
Answer: They're probably not online.
Go to www.usa.gov
click "local government"
follow the links to your county, and find the appropriate department - Register of Wills, Probate, etc.
Question: Filing will with probate court, but with certain circumstances? My Father-in-law just died the other day. But now we are unsure of filing the will with probate court. I understand it is needed to inform all of his creditors of his death and then to make claims against his estate. However, there is no estate. There is nothing but a small collection of personal property, most of which, I believe, can and will be claimed by the minor child that lived with him. I'm sure my wife, who is the executrix, (and former POA) can inform his creditors of his death and inability of the estate to pay his debts.
Answer: under the federal fair debt collections practice act, all your wife needs to do is inform them of his death, at which time they will request a copy of the death certificate, after that has been faxed to them you should have no problems
Question: Probate court : property in two states . How do I change name on deeds? My dad died over a year ago. I am his Exo. He lived in Mass. and has a house there. He also ownes land in Maine . Currently we are in the Mass. Probate court with his house in Mass. How do I change the name on the property in Maine to minr? Should I go to Probate Court in Maine also?
Answer: I assume exo means executor, or exe. Once you have probated the will you just need to provide the Clerk of the Court in Maine with the proof that the property now belongs to you. They will put it in your name. You might have to pay document fees.
Question: Probate court? How long does it take for? For the money to be distributed.
The child that passed away was a minor and papers were signed to go to probate court with figures of who gets what.. etc.. How long does it usually take for everything to be distributed? I am in Illinois. Thanks.
I am the parent and there is a lawsuit worth millions. His father and I have signed papers after the hospital settled. We just signed more papers so it it going to probate court..
Answer: If the child was a minor he probably did not own anything to be distributed.
If there is an insurance policy the proceeds do not depend on the probate court, they are distributed to the named beneficiary without court order.
All the possessions of a child are presumed to belong to their parent. If there is a trust or if the child had property that was given to them by someone else's will there is probably a provision for that to be distributed that was set up by the original benefactor.
Good Luck
Question: Am I married if I did not send the papers to probate court? My husband and i married 5yrs ago but I never sent the paperwork to the probate court. Are we married legally?
I would like someone with legal knowledge or experience to answer this not just someone's input or advise.
I want to get a dissolusion if we are married
Answer: It is time to speak with your lawyer. This is not something to guess about, even with the assistance of well intentioned strangers online.
If you do not have an attorney, use the lawyer referral service of your state bar association.
Question: When a will goes to Probate court was does this mean and why? Recently a relative died and my siblings and I have been named in the will. My sister called the lawyer to see If she could get a copy of the will. He said after Probate. We hear the term all of the time, but really don't know what it means.
Answer: The act of Probating the will essentially means sumbitting the will to Probate Court, a division of provincial/state court that handles estate matters. Accompanying the will would be an affidavit of sorts that the executor must give evidence on, like they are the person named as executor, the person named in the will is the one and the same person named on the death certificate and that to their knowledge no other will or testamentary document exists that would cancel out this will. The Courts will check to ensure that no other person has applied to deal with this persons estate and read the evidence submitted by the proposed executor. If it is satisfactory they will then issue a Grant of Probate which gives the executor the legal right and capacity to deal with all of the estate matters.
If you are named in the will you should receive a copy of same shortly after it is probabated. The reason lawyers don't bother sending out the will before hand is that the application for probate may not be accepted for one reason or another and it would therefore be preemptive to send it out beforehand and a waste of copying charges and postage. Where I live lawyers are required to provide a copy of the will and a tariiff form setting out the fees they are allowed to charge within 30 days of probate being issued.
Court documents (probate or otherwise) are public record so same can be obtained, for a copying fee, at the courthouse where same was filed. The probate clerk will have the file, but you can obtain it from the resgistry clerk.
Question: how do i file a motion in probate court for grandparents visition rights to be granted?
Answer: ask the court for a copy of the paperwork to be filled out. Make sure that GP HAVE a right to visitation in the state in question; in mopst states, if the parents refuse, there isn't much right you can exercize.
The court where you file has many names in many states. In some the Probate court would be the correct one as in addition to wills, it may oversee custody and visitation rights, believe it or not.
Question: see a copy of the will & probate court records? Grandma passed away and I never heard anything from our uncle about what was left to me. How can I find out? If I was in the will, wouldn't I have to be contacted by the lawyer handling the case?
Answer: When a will is before the probate court, it is public information. Some counties have websites which publish the documents filed in probate court.
If you are an heir, you will be contacted (assuming the executor can find you). But it may not be immediately after the death.
Some states allow an executor up to four years after the death to file for probate. After the will is filed for probate, the executor must find and report all assets of the estate. That could be weeks later. Then the executor may liquidate some assets in order to divide them among heirs. Depending on the complexity of the estate, that could be months or years longer.
If you have questions, contact the clerk of the probate court in the county in which you believe the estate might have been filed. Or call your uncle. (Note: An executor does not have to detail his actions to heirs unless instructed to do so by the court.)
If it appears that you are not being treated fairly in this matter, consult your attorney.
Question: Probate Court and Creditors of estate ? My Grandfather died without a will. My father has passed also; I want to go before the probate court and claim my father's inheritance from my grandfather. Of course, we have to publish noticed to allow any known creditors to come forward. Since, I am claiming my fathers inheritance in MS, are we given notice to my grandfathers creditors or my fathers creditors. My father did not have anything in his name
Please advise
Answer: You need to consult an estate lawyer in the state where the majority of assets of your grandfather are located, for its going to fall upon that state intestate laws what your options are
For example: if your father passed away before your grandfather, at the same time or within a small amount of time after the grandfather passed away , his rights to inherit the grandfathers monies may be nil leaving any other surviving relatives like your father sisters or brothers as the sole right to inherit and not the children from your father
Question: what issues does the probate court handles? Do they handle housing problems such as braking a lease
Answer: No; that will be small claims or district depending on the state you live in; call the clerks office and ask.
Probate is mostly estate/wills/heirs
Question: Is there a time frame someone has to hand in a Will to the probate court when some one passes?
Answer: Joey,
It is generally best to turn over the will to the probate court as soon as possible. In fact, in most states, it is illegal to withhold a valid will from the probate court more than about a month after obtaining it. Refusing to hand over the will can result in civil and even criminal penalties.
Having said that, I am assuming the probate is in Ohio since your reference to Cleveland. The Ohio code on probate matters states this in chapter 2107.10 of Title 21:
"(A) No property or right, testate or intestate, shall pass to a beneficiary named in a will who knows of the existence of the will for three years and has the power to control it, and, without reasonable cause, intentionally conceals or withholds it or neglects or refuses within the three years to cause it to be offered for or admitted to probate. The estate devised to such devisee shall descend to the heirs of the testator, not including any heir who has concealed or withheld the will."
I hope this was helpful!
Question: I wish to find the results from the probate court regarding a person that died in March 2008? probate decree cook county
Answer: It should be on file down at the court house, and something like that should be public record.
Question: Where can I find the telephone number of the Royal High court Probate Strand, London WCI? Is it issuing legal documents and imposing fees of 1200 pounds for Letter of Administration approval?
Answer: It is a scam - do not pay!
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