Probate

Questions and Answers

1. How do I begin working through Mom's estate?

   - My mother died recently. She was a widow. My sister and I are co-executors. We have started the probate process but I am overwhelmed and confused by all the financial matters that need to be tended to. The situation is this: My mother had to refinance a couple of times, so her house is not paid for...
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2. How much is the lawyers fee to settle an estate?

   - Probate lawyers charge fees according to different methods. A word to the wise consumer is to avoid surprises by getting all fee agreements in writing.
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3. Who has legal rights to cremains?

   - The law does not require that cremated remains be split among family members. But it may help sooth their psyches to give them some other tangible memento.
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4. Can checking accounts be set up to avoid probate?

   - Ownership of bank accounts can be engineered to pass free of probate.
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5. How can property be deeded after a death? Do you need probate?

   - How do you change the names on a property deed after an ex-spouse's death? Our children's names should be on the property deed to our house.
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6. Will money Dad left behind automatically go to my mother?

   - Hello, My father passed away in 2005 and I have just found a bank account in my name that I had no idea that he had. I believe my father has more of these accounts somewhere and I am in the process of trying to find them. My mother is mentally disabled but I have not applied yet for probate, if I find...
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7. How can I get a copy of my father's will?

   - How can I get a copy of my father's will?
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8. Do my sisters have to involve me in settling our dad's estate if I'm also a co-executor?

   - My sisters are not keeping me involved in settling our dad's estate. If I'm a co-executor, don't they have too? Find out at Caring.com.
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9. Does a child have any rights to a life insurance policy if they are not named in it?

   - My husband and I have been married for 10 years. We have two children together. My husband had a third child as a result of an affair. We are still married and he is currently paying child support for this other child. We have a life insurance policy and have named each other as beneficiaries...
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10. What are the amounts of trustee's fees that must be paid?

    - What are reasonable trustee fees for administering a testamentary trust? Learn how reasonable trustee fees are determined.
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