my aunt passed away what do i need the lawyer to do

My condolences on the passing of your aunt. You might want to consult a local attorney to assist with the property in Alabama. It could be easier to open an estate in Alabama and then file an ancillary proceeding in your late aunt's home state.

Full Answer

Do I have to be notified if my aunt or uncle dies?

Do I have to be notified if my aunt or uncle died? If your aunt or uncle had a will, then nieces and nephew inheritance laws state that you will have the right to be notified of the will and the hearing date when the will is presented before the court.

Can I inherit from my aunt or uncle if their spouse abandoned them?

A legal marriage is assumed to be valid unless you can prove otherwise, even your aunt or uncle was separate from their spouse or was in the process of divorce. But if you can prove to the court that your aunt or uncle’s spouse abandoned them, then you will be able to set aside the spouse’s share and will be able to inherit from your aunt or uncle.

What if I am not named in my aunt or uncle’s will?

What can I do if I am not named in my aunt or uncle’s will? If you were not named in your aunt or uncle’s will, then you have the right to contest the will.

Can I contest my aunt or uncle’s will?

If you were not named in your aunt or uncle’s will, then you have the right to contest the will. You can win a will contest if you can prove that your aunt or uncle either did not have the mental capacity to make a will, was unduly influenced into making the will or the will was not made correctly.

What do you do after a death checklist?

To Do Immediately After Someone DiesGet a legal pronouncement of death. ... Tell friends and family. ... Find out about existing funeral and burial plans. ... Make funeral, burial or cremation arrangements. ... Secure the property. ... Provide care for pets. ... Forward mail. ... Notify your family member's employer.More items...•

What happens after a person dies?

Normally, the body is transported to a morgue or mortuary. Depending on the circumstances of the death, an autopsy may be performed. The body is then usually taken to a funeral home. The funeral home prepares it to be viewed by friends and family or makes it ready for burial or cremation.

What happens to bank account when someone dies without a will in Canada?

When a person dies without a will, the provincial government gets to decide who gets the money in your bank account. Provincial governments will often prioritize immediate family members or blood relatives of the deceased person, which can leave common-law partners with nothing.

Who is called an executor?

Executor means a person to whom the execution of the last Will of a deceased person is, by the testator's appointment confided. An executor is named in the Will and derives his authority from the Will.

What if there is no power of attorney when someone dies?

However, if there is no will, then the attorney can apply to become an administrator of the estate, if they are the next of kin such as a spouse, child or relative of the deceased (but not usually an unmarried partner).

Who notifies the bank when someone dies?

Family members or next of kin generally notify the bank when a client passes. It can also be someone who was appointed by a court to handle the deceased's financial affairs. There are also times when the bank leans of a client's passing through probate.

How do you withdraw money after someone dies?

Now, to remove the name of the deceased person from the joint account and nomination, a copy of the application and a photocopy of the death certificate should be presented to the bank branch. This will allow the bank to remove the deceased name from the bank account.

What happens to money in bank account when someone dies?

Most joint bank accounts include automatic rights of survivorship, which means that after one account signer dies, the remaining signer (or signers) retain ownership of the money in the account. The surviving primary account owner can continue using the account, and the money in it, without any interruptions.

What happens to bank accounts with no beneficiary?

If a bank account has no joint owner or designated beneficiary, it will likely have to go through probate. The account funds will then be distributed—after all creditors of the estate are paid off—according to the terms of the will.

Can executor Use deceased bank account?

Only an Executor appointed by the Master in terms of Letters of Executorship can deal with the bank account of the deceased. In most cases the appointed executor is a relative of the deceased, who acts with the assistance of a qualified professional to help with the process.

Who can be appointed as executor of a will?

Who can be an Executor? Anyone can be an executor. It is usually one of the nominees or the person benefitting from the assets, or a third person (particularly if a dispute is otherwise likely), whom the testator trusts and would like to get involved in distributing the property over to his nominees.

How do you get a letter of administration?

How To Apply For The Grant Of Letters Of AdministrationConsult a probate specialist to discuss the details and value of the estate.Apply for the application.Prepare the necessary tax forms to attach to the probate form for signature.Send the application to the probate registry for approval.More items...

What is the best way to protect assets after a loved one dies?

The best way to protect the assets is to open the estate right away.

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

How to contact an estate attorney in Arizona?

Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.

What to do if you are unsure about your taxes?

If you are unsure about the tax situation, you should contact the person who handled returns for the deceased. They should have copies of past tax returns, and they should be up to speed on any outstanding audits, tax debts or other issues. The days and weeks following the death of a loved one can seem like a blur.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

Is it hard to handle an estate?

The death of a loved one is always hard, but the difficulty of handling the estate can make an already difficult situation that much worse. Dealing with the complexities of the estate, closing the financial affairs of a deceased loved one and handling the taxes due can really put a strain on your emotions.

What happens if your aunt or uncle dies?

If your aunt or uncle did not have a will, then you will inherit only if you are “the closest living relative” – only if your aunt or uncle died with no living spouse, descendants (children, grandchildren, great-grandchildren etc.) and parents.

What happens if your aunt has a will?

If your aunt or uncle had a will, then nieces and nephew inheritance laws state that you will have the right to be notified of the will and the hearing date when the will is presented before the court.

What is the law on inheritance of aunt and uncle?

Nieces and Nephews Inheritance Law in Estate of Aunt or Uncle. Nieces and nephews inheritance laws endow you with certain rights to your aunt or uncle’s inheritance. However, your rights are lower priority than those of your aunt or uncle’s more immediate family members.

Can you win a will contest?

You can win a will contest if you can prove that your aunt or uncle either did not have the mental capacity to make a will, was unduly influenced into making the will or the will was not made correctly.

Who is the executor of an aunt's will?

If you are the closest living relative (your aunt or uncle does not have a living spouse, descendants or parents) or you are named as the executor in your aunt or uncle’s will, then you can be named the executor or administrator of their estate.

Can you inherit from your aunt in New York?

As set forth in the laws of the state of New York, you have no rights to your aunt or uncle’s inheritance if they had a living spouse, descendants or parents at the time of their death. Even if you are the closest living relative, you may also have very limited rights if your aunt or uncle left you out of their will.

What to do after losing a loved one?

After losing a loved one, your focus is on your family and on grieving the loss —not administering the estate. But there are many concerns that must be resolved to ensure your loved one’s final wishes are respected while protecting the bonds of your family. Knowing what to do before grief strikes can help you navigate the difficult time ...

Who should check if a decedent has a copy of his or her name?

The family should check with the decedent’s attorney or accountant to see if they have the original or a copy. The family should also check with the bank where the decedent maintained an account to see if one may be located in a safe deposit box.

Why do creditors have to hold the assets of the decedent?

Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.

Why don't people open estates?

Many people believe they don’t need to open an estate because their loved one did not have a lot of money. The mistake with this belief is that the debts and taxes of the decedent often go unpaid while assets are distributed. The family is then surprised when a creditor or the IRS shows up looking to recover their claim.

What happens if there are insufficient assets in an estate?

If there are insufficient assets in the estate to satisfy all the debts or tax obligations of the decedent, those debts and obligations do not become the responsibility of family and friends. Many will assume responsibility, believing it is the right thing to do, but they are not legally required to do so.

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

What to know after death of loved one?

10 Things to Know After the Death of a Loved One. A power of attorney is no longer valid. Many people believe that, as the power of attorney , they continue to have the power to administer an estate following the death of a loved one. This simply is not the case. A power of attorney is no longer valid after death.

What to Do Upon Learning of The Death

Manage and Settle The Estate

Pay For Estate Expenses

Types of Probate

• Probate is a legal process that applies after someone dies or becomes incapacitated. All states have specific laws that cover probate cases, and though many of these laws are similar, differences between individual states can be significant. In general, you can divide probate cases into two main types: small estate (or summary) probate, and traditi...

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The Probate Process

Other Issues to Consider

Final Word