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If no such clause is present, however, the residuary estate will pass to the testator's heirs by intestacy. At common law , if the residuary estate was divided between two or more beneficiaries, and one of those beneficiaries was unable to take, the share that would have gone to that beneficiary would instead pass by intestacy, under the ...
Administration durante absentia, when the executor or administrator is out of the jurisdiction for more than a year. Administration pendente lite, where there is a dispute as to the person entitled to probate or a general grant of letters the court appoints an administrator till the question has been decided. [3]
Such would happen, for example, when the executor of a will has obtained probate, but then dies intestate. (Normally, if the executor dies testate, the representation passes to the executor of the first executor's estate upon probate of the latter's own will. This is governed by Section 7 of the Administration of Estates Act 1925 (15 & 16 Geo ...
Probate is also the process of settling the estate of someone who dies without a will (intestate). Probate may be long and complicated if the estate is large and there are many beneficiaries. It ...
Iowa District Courts are the state trial courts of general jurisdiction in the U.S. state of Iowa.. They have original jurisdiction in civil cases with any amount in controversy; felony criminal cases, domestic relations, family law, and cases involving minors cases (including adoption, dependency, juvenile delinquency, and probate cases).
If you will, allow us to present the hypothetical case of Pete Moneywise, a married, 78-year-old father of three who wants to get his financial affairs in order before his passing.
The administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will. [1] Where a person dies intestate, i.e., without a will, the court may appoint a person to settle their debts, pay any necessary taxes and funeral expenses, and distribute the remainder according to the procedure set down by law.
As a simple example, under Iowa law (see Code of Iowa Section 633.238 (2005) Archived 2018-06-27 at the Wayback Machine), the deceased spouse leaves a will which expressly devises the marital home to someone other than the surviving spouse. The surviving spouse may elect, contrary to the intent of the will, to live in the home for the remainder ...
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