Huge Rise In UK Contested Probate Cases
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Full marks!
Dangerous, Invincible and Badabut at least the King of Pop made aWill though it hasn't stopped mother Katherine Jackson, allegedly egged on by father Joe (totally ignored in the Will ), from mounting a legal challenge and contesting a will that leaves everything to The Michael Jackson Family Trust.
She is seeking to wrest control of the USD500 million estate from the executors appointed by the Will, notwithstanding a 'no contest' clause in the Will that disinherits any beneficiary who challenges its validity or its terms.
It will no doubt be a thriller and there will be blood on the dance floor at the end of it all. Ho, Ho.
In the UK the number of people contesting a Will is rising steeply.
In the 2 years up to 2009, the number of cases coming before the UK Courts has apparently risen threefold.The 'grey figure' of unrecorded will contests in the UK is even greater.
So what is fuelling this undeniable trend?
One obvious cause is the number of people relying on cheap and inadequate 'DIY wills'. This is a growing problem. People are trying to save money by buying 'wills kits' from stationers and putting together a document themselves in the hope that it is a valid will.
The problem is that the whole subject to writing a valid will is fraught with legal technicalities. It is not just the format of the will that is important but also the manner in which it is signed and witnessed and who may witness the will. Failure to observe strictly any one of a whole number of these technicalities can mean that the will is legally unenforceable and not worth the paper it is written on.
Did you record the lien against the property in the county recorder’s office where the property resides?
Was there joint tenancy? If there was JT, the property can possibly pass to the surviving joint tenant(s) without having to go through probate court or triggering a ‘sale’ or ‘transfer’ provision that might have uncovered your lien.
Was the estate set aside/low value? Most states have a low estate value provision that allows for a probate ‘lite’ proceeding where the assets, debts and liens and heirs are listed an approved by the court.
Next, you have to look at the purpose of a lien. It is the right to take someone else’s property if an obligation is not discharged. It gives the lien holder (creditor) an interest in the property until the property owner’s debt to the creditor is satisfied or otherwise released. Consult your state’s property laws for specifics.
Generally, if you recorded a lien against the real property of the decendent, title to the real property is thus encumbered and cannot be transferred without notifying the lien holder, who is then given an opportunity to file a claim. Generally, a lien only preserves your legal right to make a claim in the future.
Now, let’s pile on your state’s probate laws. Probate laws vary significantly from state to state. Generally, there is atleast a requirement to publish a public notice calling for claims against the estate. Of the claims receieved, the administrator either approved or denies the claims. Approved claims can be paid from proceeds of the estate. If the claim is denied, the creditor must sue the estate to get paid.
These are all generalities of what happens, but may or may not be true for your state. Lien law and probate law are very complex areas and together they make a fine mess.
If it is a significant amount of money, you may want to consult an attorney.
How do you recover a money judgment from a Probate case that had a Special Administrator? Case is closed?
I got a judgment against decedent. I liened his property and later researched what has happened. The property was not sold. The relatives seem to be living in it. Their was a Special Administrator appointed to probate the case. I think she should have found my lien and paid it. Am I correct? There does not appear to have been a Will so none of the relatives are saying that they are responsible for the debt. The Spec. Admin. does not answer my letters and just ignores me. What CAN I do?
Are you asking whether a will must be probated immediately or whether it could be probated 20 years after a person’s death?
Are you asking how long a creditor of a decedent has to present a claim against an estate?
Are you asking what the average length of time it is for an estate to be in administration?
Are you asking whether it might be unusual to have an estate in administration for a period of 3 to 5 years?
F
I can’t see this as the way forward in an age where so many people are cremated. Your will may not be discovered until some time after your demise. You probably know that all children conceived within a marriage are deemed to be the children of the husband. It is possible to carry out DNA tests here and now rather than later on. Perhaps the thing to do is to conduct such tests before one dies, using the services of this or other entities. http://www.dna-bioscience.co.uk/