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Executor And Administrator Roles
Summary
In North Dakota, if a person dies without a will, their estate is distributed according to intestacy laws. An administrator, potentially one of the children, is appointed by the court to manage the estate. Executors named in a will only manage the estate of the person who created the will. If a bank account is co-owned, the co-owner can access funds, but misuse may require legal intervention.Full Conversation
She didn’t have a will
In North Dakota, if someone passes away without a will, their estate is distributed according to intestacy laws. Here's a brief overview:
- The spouse typically inherits the entire estate if there are no descendants or if all descendants are from the spouse.
- If there are children from another relationship, the estate may be split between the spouse and those children.
- An administrator will be appointed by the court to manage the estate.
Would you like information on how to start the probate process?
- The spouse typically inherits the entire estate if there are no descendants or if all descendants are from the spouse.
- If there are children from another relationship, the estate may be split between the spouse and those children.
- An administrator will be appointed by the court to manage the estate.
Would you like information on how to start the probate process?
Would the administrator be one of the three remaining kids
In North Dakota, if someone dies without a will, the court appoints an administrator. This person could be one of the remaining children if they are eligible and willing. The court considers factors like relationship to the deceased and suitability. Would you like information on how to apply for this role?
Yes
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To apply for the role of administrator in North Dakota, you would typically need to submit a petition to the probate court. The court will review the petition and determine eligibility based on factors like relationship to the deceased and suitability. Would you like information on the specific steps to file the petition?
To apply for the role of administrator in North Dakota, you would typically need to submit a petition to the probate court. The court will review the petition and determine eligibility based on factors like relationship to the deceased and suitability. Would you like information on the specific steps to file the petition?
Yes
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To file a petition to become the administrator of an estate in North Dakota, you will need to:
- Prepare and submit a petition to the probate court.
- Provide necessary documentation, like a death certificate and relationship proof.
- Attend a hearing if required.
Would you like to know about the documentation required or how to find the probate court in your area?
To file a petition to become the administrator of an estate in North Dakota, you will need to:
- Prepare and submit a petition to the probate court.
- Provide necessary documentation, like a death certificate and relationship proof.
- Attend a hearing if required.
Would you like to know about the documentation required or how to find the probate court in your area?
Yes
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In North Dakota, to apply as an administrator, you'll need documents like a death certificate and proof of relationship. You can find your local probate court online or through county resources. Would you like more details on the documentation or finding your local court?
In North Dakota, to apply as an administrator, you'll need documents like a death certificate and proof of relationship. You can find your local probate court online or through county resources. Would you like more details on the documentation or finding your local court?
Yes
Case Rating: *
In North Dakota, when applying as an administrator for an estate, you typically need documents such as a death certificate, proof of relationship, and sometimes other estate-related paperwork. You can locate the probate court through county resources or online. Let me know if you need more information on any specific document.
In North Dakota, when applying as an administrator for an estate, you typically need documents such as a death certificate, proof of relationship, and sometimes other estate-related paperwork. You can locate the probate court through county resources or online. Let me know if you need more information on any specific document.
Can I apply online?
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You may be able to find information about applying online through your local county probate court's website. Each county might have different procedures, so it's best to check directly with them for specific instructions on online applications. Would you like help in finding your local court's website?
You may be able to find information about applying online through your local county probate court's website. Each county might have different procedures, so it's best to check directly with them for specific instructions on online applications. Would you like help in finding your local court's website?
Yes
Case Rating: *
In North Dakota, the process of applying as an administrator may vary by county. While some counties may offer online applications, others might require in-person visits. I recommend checking your local county probate court's website for specific instructions.
In North Dakota, the process of applying as an administrator may vary by county. While some counties may offer online applications, others might require in-person visits. I recommend checking your local county probate court's website for specific instructions.
Can you help me find the probate court I would go through
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To find the probate court you would go through in North Dakota, you need to identify the county your mom resided in at the time of her passing. Once you have that information, you can search for the probate court in that county online or through county resources.
To find the probate court you would go through in North Dakota, you need to identify the county your mom resided in at the time of her passing. Once you have that information, you can search for the probate court in that county online or through county resources.
So to be clear my dads will would not make my brother executor of my mom when she was alive?
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No, your dad's will would not make your brother the executor of your mom's estate while she was alive. The executor named in your dad's will only manages his estate. If your mom had a separate will, it would name its own executor. If not, the court appoints an administrator based on intestacy laws.
No, your dad's will would not make your brother the executor of your mom's estate while she was alive. The executor named in your dad's will only manages his estate. If your mom had a separate will, it would name its own executor. If not, the court appoints an administrator based on intestacy laws.
What does the administrator of the estate mean?
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An administrator of an estate is appointed by the court to manage and distribute the deceased's assets according to intestacy laws if there is no will. They handle financial matters, pay debts, and distribute assets to heirs. Would you like more information on the administrator's duties?
An administrator of an estate is appointed by the court to manage and distribute the deceased's assets according to intestacy laws if there is no will. They handle financial matters, pay debts, and distribute assets to heirs. Would you like more information on the administrator's duties?
Yes
Case Rating: *
An administrator's duties include:
- Collecting and inventorying the deceased's assets.
- Paying the deceased's debts and taxes.
- Distributing remaining assets according to intestacy laws.
Let me know if you need more details on any specific duty or process!
An administrator's duties include:
- Collecting and inventorying the deceased's assets.
- Paying the deceased's debts and taxes.
- Distributing remaining assets according to intestacy laws.
Let me know if you need more details on any specific duty or process!
So they get to pick and choose who gets what like the house? And her half million life insurance?
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In North Dakota, the distribution of assets like a house follows intestacy laws if there is no will. Life insurance proceeds usually go directly to the named beneficiary. The administrator doesn't choose who gets what; they distribute according to laws or beneficiary designations. Let me know if you need more details!
In North Dakota, the distribution of assets like a house follows intestacy laws if there is no will. Life insurance proceeds usually go directly to the named beneficiary. The administrator doesn't choose who gets what; they distribute according to laws or beneficiary designations. Let me know if you need more details!
How would it be decided who gets the house?
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In North Dakota, the distribution of a house without a will follows intestacy laws. Generally, the spouse inherits the estate if there are no children from another relationship. If there are children, the house may be divided among them. Factors like debts and estate size can affect distribution.
In North Dakota, the distribution of a house without a will follows intestacy laws. Generally, the spouse inherits the estate if there are no children from another relationship. If there are children, the house may be divided among them. Factors like debts and estate size can affect distribution.
What if one adult child thinks he already owns the home
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In North Dakota, if an adult child believes they own the home, it may require proving ownership through documentation like a deed. If no such documentation exists, the property would typically be distributed according to intestacy laws. Do you have any documentation that might support the child's claim?
In North Dakota, if an adult child believes they own the home, it may require proving ownership through documentation like a deed. If no such documentation exists, the property would typically be distributed according to intestacy laws. Do you have any documentation that might support the child's claim?
No.. the dead is still in my mom and dads name
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In North Dakota, if the property is still in your parents' names and there is no will, the house will be distributed according to intestacy laws. This typically involves dividing it among the surviving spouse and children. To claim ownership, the adult child would need legal documentation proving ownership.
If you have more questions or need further assistance, feel free to ask!
In North Dakota, if the property is still in your parents' names and there is no will, the house will be distributed according to intestacy laws. This typically involves dividing it among the surviving spouse and children. To claim ownership, the adult child would need legal documentation proving ownership.
If you have more questions or need further assistance, feel free to ask!
What happens to my moms bank account when my brother made himself co-owner of her checking and saving.. can he continue to take money out of her account
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If your brother is a co-owner of your mom's checking and savings accounts, he likely has legal access to those funds and can continue to withdraw money. However, if there are concerns about his actions, it may be wise to consult with a legal professional to explore options like guardianship or financial oversight.
If your brother is a co-owner of your mom's checking and savings accounts, he likely has legal access to those funds and can continue to withdraw money. However, if there are concerns about his actions, it may be wise to consult with a legal professional to explore options like guardianship or financial oversight.
Yes.. there are concerns he was not paying for my mom needs and depositing the monthy retirement money into his account
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It seems like there may be a significant issue with your brother's handling of your mom's finances. If he's not using the funds for her needs, this might need legal intervention. Would you like to be connected to local lawyers who can better assist you with your case?
It seems like there may be a significant issue with your brother's handling of your mom's finances. If he's not using the funds for her needs, this might need legal intervention. Would you like to be connected to local lawyers who can better assist you with your case?
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