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Is it Legal...to have a WILL read (probate) will all the persons NOT present? |
Is it Legal...to have a WILL read (probate) will all the persons NOT present? Technically nobody has to be present. Probating a will is just a transfer of ownership of property. As long as the right people wind up with the right stuff and you dont withhold that information or property from them, its fine. And there are other catches too. My mom died and left everything to me, my sister and my dad to be split 3 ways. With big things like cars and houses, the titles dont actually change names. In order for us to dispose of or sell the property we all have to sign the papers. Probating, for us, meant that in the eyes of the law our three signatures now make her signature. I hope that makes sense! Probate is a legal action, done in court, to transfer the assets of the estate. The "reading of the will" is a Hollywood fiction from the movies. There is really no "reading of the will" per se. If a person can't be at the court hearing, that doesn't stop the hearing. Hearings are done at the convenience of the Court, not the beneficiaries or family members. That is what they (the beneficiaries) have lawyers for. Yes, once a reasonable attempt has been made to contact all persons involved, the will can be read without all persons attending. Yes, as some may be dead, or indisposed. yes. In your time of death you should be granted a simple request as that. =D Yes. If they are not able to attend, it is their problem. |
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It's in "probate" because a former owner died, so it would be owned by the "estate" of the deceased, and the estate (i.e., the executor) could petition the probate court fo... I'd do exactly that. I doubt you have grounds to "nullify" the will. IF the beneficiary wants to make you a gift of some of the personal property, it doesn't have to have anythi... That's what happened to me. If the executors are alive they execute the will in accordance with your fathers wishes. If one or more executor is a solicitor, you would have to pay their fee to ... No it is not necessary to use the bible. There are various different oaths depending on ones faith or religious beliefs, including the affirmation for atheists or those with no religious belief.... Call one or more of the law schools in Texas and find out who the Professors are that teach the Probate Law classes. One of them should be able to point you to one of their former students who mig... If you want the probate to go smoothly the first time, talk to a lawyer. Asking for legal advice here on something so important is not a smart idea. ...No. She committed fraud by forging his signature on the check. Even if she had POA,the check should have been returned to SS since your grandfather had already passed. It says on the outside of th... your best bet maybe to contact a probate lawyer...they may give you the info for free...good luck ... |
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