what if your fathers will wasnt through a lawyer

What happens if my father does not have a will?

Jun 04, 2018 · This is called an intestate estate, which means mom or dad died without a will. The beneficiaries will then be determined by state law, which dictates who inherits the money. Of course, most of...

What do I do if my father had a will&has died?

If your father had a will that named you to inherit something, his executor (the person charged with rounding up his property and distributing it) should have contacted you when the will was probated -- generally a month or two after death. Anyone who has possession of a will is required, by law, to produce it after the will-writer has died.

What happens if you don’t file probate?

Among other duties, you will be responsible for distributing property according to your father's will, if he left one. In the absence of a valid will, his property will be distributed in accordance with state intestate law. The probate process can take years if the estate is complex or if …

What happens if the father does not sign the affidavit?

If your father did not execute a power of attorney naming you as his agent, you cannot transfer his assets into the trust during his lifetime. However, if your father executed a pour-over will when he created his trust, a lifetime transfer may not be necessary.

What to do if your father dies and leaves a will?

Checklist for the Executor of a Will. If your father died leaving property to heirs, you must initiate the probate process with the local probate court. This is true whether or not he left a valid will. If you have been appointed executor of his estate, you must also perform certain administrative duties throughout the probate process.

What to do if your father dies and you receive Social Security?

If your father was retired and receiving Social Security benefits when he died, notify the Social Security Administration of his death. Also notify any retirement plan from which he was receiving benefits.

What are the duties of executor of estate?

If you have been appointed executor of his estate, you must also perform certain administrative duties throughout the probate process. Among other duties, you will be responsible for distributing property according to your father's will, if he left one. In the absence of a valid will, his property will be distributed in accordance ...

How much is the estate tax exemption for 2012?

The estate tax exemption varies by year. As of 2012, it is $5.12 million (please see IRS Publication 950 for details). The federal estate tax return is due nine months after the date of your father's death. Some states also impose inheritance taxes.

How long does it take to probate a will?

In the absence of a valid will, his property will be distributed in accordance with state intestate law. The probate process can take years if the estate is complex or if the will is disputed.

What is the responsibility of an estate to pay all outstanding debts?

It is your responsibility to determine the validity of any claims against the estate and to refuse to pay a claim that is invalid.

Can you be held liable for misuse of estate property?

You can be held civilly or criminally liable if you misuse estate property. You may need to return payments to which the estate is not entitled -- a Social Security or pension check issued to your father after his death, for example.

How does a revocable trust work?

How it Works: Although many individuals have a revocable trust as part of their estate plan, these same individuals frequently own assets outright at the time of their death. While this may be intentional, more often than not it is because the grantor, like your father, simply never completed the necessary paperwork.

What does a pour over will do?

To achieve this result, the pour-over will essentially directs the executor to transfer all of the grantor’s assets into the trust before distributing them in accordance with the trust provisions. If your father has a pour-over will, upon his death his house and brokerage account will be transferred to his trust.

What happens if my father doesn't have a will?

If your father does not have a will, and he failed to transfer any of his assets into his trust, the terms of the trust will not control how his assets are distributed after his death. Rather, the New York intestacy statute will dictate who will inherit your father’s estate and what percentage of the estate will pass to each beneficiary.

Can you be the sole beneficiary of your father's estate?

Unfortunately for you and your father, the wishes he had memorialized in his trust will not be honored and you will not be the sole beneficiary of your father’s estate. This result underscores the importance of periodically reviewing your estate plan to insure that everything is in order.

Can you transfer your father's assets into a trust?

If your father did not execute a power of attorney naming you as his agent, you cannot transfer his assets into the trust during his lifetime. However, if your father executed a pour-over will when he created his trust, a lifetime transfer may not be necessary.

Who is responsible for transferring assets into a trust?

The Answer: Generally, the individual who creates the trust, often referred to as the grantor, is the one who is responsible for transferring assets into the trust. Even though you are a named trustee of the trust, if an asset is not already in the trust, you do not have any authority over that asset. In other words, as trustee, you cannot sign ...

What happens when an executor dies?

Once death occurs, the executor should file the will in court to begin the probate process. But it’s not always that simple. Sometimes an executor dies first. Or an executor can decide they no longer want the job.

How long does it take to file a claim in probate?

Opening probate cuts short the amount of time a creditor has to claim against the estate. A creditor must file their claim within four months from the date an executor or personal representative is officially appointed.

Why don't people file a will?

People frequently don’t bother to file a will if there is no apparent need to open probate because the person left nothing of the value or because all items of value were put into a trust, a joint account or some other form designed to avoid probate. Remember, there is a difference between filing a will and opening probate.

What is the probate process?

The probate process has numerous notice and filing requirements. And there are often harsh consequences for failing to follow court procedures. An experienced attorney can help you guide you through the legal process. Receive a free case review to learn how the probate rules in your state affect your claim.

What happens if you fail to file a will in Washington?

For example, in Washington the law says that anyone who “willfully failed to file a will with the court” is liable to any injured party for the damages resulting from the violation. Criminal liability could occur if the failure to file a will is coupled with an intent to conceal the existence of the will for financial gain.

What is probate in a small estate?

Remember, probate is processes that transfer legal title of property from the estate of the person who has died to their beneficiaries. Fortunately for you, most states have a streamline processes for transferring title in small estates.

What happens if you don't file a will?

Failing to file a will within the time required by the state can have serious consequences. Although failure to file by itself is not a criminal violation, in most states this subjects the person to a lawsuit by someone who was financially hurt by the failure to file. For example, in Washington the law says that anyone who “willfully failed to file a will with the court” is liable to any injured party for the damages resulting from the violation.

What happens if you don't file probate?

However, what happens if no probate is filed for the estate is you will not be able to legally transfer title of any assets that exist in the decedent’s name.

What happens if you fail to file a will?

If you knowingly fail to file an existing will, you could be liable in both criminal court and civil court for damages resulting to any party who would have benefited from the estate.

Do you have to file a will if someone dies?

Requirement to file a will. If you are aware that someone has died with a will, regardless of their financial situation, most states require that you file that will with the probate court. Filing a will isn’t the same as filing probate documents (which include a Petition for Probate). Filing a will is just that—filing the will.

Can you file probate documents before death?

But if previous actions haven’t been taken, failing to file probate documents could create a legal quagmire with unfortunate consequences.

Can a decedent have a claim against you?

2. Heirs could have legal claims against you. If the decedent died without a will but had assets, those assets cannot be lawfully distributed without the probate process determining the appropriate priority of inheritance through the state’s intestate succession laws.

Can a decedent's assets be clouded?

Legal title to assets could be clouded. If the decedent held assets — such as a home, a car, or a retirement account without a named beneficiary — those cannot be passed on without court approval through the probate process. 2. Heirs could have legal claims against you.

What are the rules of divorce?

Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules. These “unwritten rules,” are the rules that define how judges and lawyers conduct themselves with each other. These unwritten rules, the rules that define what goes on ...

What are the unwritten rules of family court?

3 Unwritten Family Court Rules: 1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side. Lawyers know they will go before that judge again ...

Why are judicial orders not enforced?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”

What to do if you can't come to an agreement with your spouse?

If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.

What to do if you have a court date scheduled?

If you have a court date scheduled and wish to go before a judge for a decision, stand your ground. There is no guarantee you will get a better settlement from the judge but, you will at least know you were in control of how your divorce played out. 3.

Do judges and lawyers know each other?

Most judges and lawyers are friends outside the courtroom, especially if you live in a small community. Your lawyer knows the judge, his lawyer knows the judge and it is difficult for a judge to remain impartial if he is better buddies with one or the other of the lawyers.

Do judges enforce awards?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”.

How to establish paternity?

Establishing paternity must be done through a court order, which will also determine custody and/or visitation rights, as well as additional parental responsibilities, based on what’s in the best interest of the child. If an unwed father is not listed on the birth certificate, he has no legal rights to the child.

What happens if a mother refuses to sign a paternity affidavit?

If she refuses to sign it, the father can request a DNA test to be completed by an order of the court. Once paternity is established, the father now has legal rights to the child. Custody, visitation and parental responsibility can be determined with or without the court;

What happens when a married couple has a child?

When a married couple has a child, the man is automatically presumed to be the father and has full legal and parental responsibility rights to the child. When an unwed couple has a child, however, the father does not have the same rights as he would if he were married to the mother. By signing the birth certificate a father is acknowledging his ...

What happens if a father is not listed on a birth certificate?

If no father is listed on the birth certificate, the mother has sole legal rights and responsibility of the child.

Why is my father's name on my birth certificate?

How Having the Father’s Name on the Birth Certificate Affects the Child. There are a number of reasons a father’s name may be left on the birth certificate: the mother is not sure who the father is, the father cannot be located, the parents are no longer in a relationship, they may have a strained relationship and the mother doesn’t want ...

How long does it take to get an amended birth certificate?

There is generally a fee to amend the original birth certificate and can take up to a month to receive the amended birth certificate.

Can a father sign a birth certificate if he is not listed?

If it’s handled by the court, the court will look at all circumstances regarding both parents and make its decision on what is in the best interest of the child. Birth certificates can also be amended. So, if a father is not listed on the birth certificate at the time of birth, his name can be added to and he may sign the birth certificate ...