subject: Laws on Inheriting Property When There Is a Dispute – Delhi, India, London, Singapore [print this page] Laws on Inheriting Property When There Is a Dispute Delhi, India, London, Singapore
Property is inherited either from a will or from a decedent who died without a will. If the decedent dies without a will, his property is subject to an administration proceeding. If the decedent dies with a will, the estate is subject to a probate proceeding. In either case, the purpose of the proceeding is to locate the heirs and distribute the assets. In both proceedings, an heir can challenge the petition or the proposed distribution of assets.
Probate
Inheritance cases are handled in surrogate or probate courts. In a probate proceeding, a will is filed for the decedent. The case must be filed in the county where the decedent resided at the time of death. A probate petition asks the court to accept the will. In most cases, the will names an executor who acts as the personal representative of the decedent. The executor is required to prepare an accounting of the assets of the estate and distribute them according to the terms of the will.
Administration
Surrogate and probate courts have jurisdiction to settle the assets of persons who die without a will. The individual is said to die intestate. Usually afamilymember or a spouse is nominated as administrator for the estate in a petition that opens the case. Once the petition is approved, the assets of the estate are distributed according to rules fixed by state statute. Spouses and children are given the highest priority. If the decedent has no spouse and children, his siblings will receive the assets and in the absence of siblings, his parents. Next in line are aunts, uncles and cousins and finally next of kin.
Challenging the Will
A successful challenge to a will must have have alegalbasis recognized by the state's statutes. Statelawsrequire the testator to be mentally competent. The testator cannot be unduly influenced in preparing his will. The will cannot be the result of a fraud, mistake or deception. The will must reflect the intent of the person making the will. The will must be executed in accordance with the formalities required by the state statute; e.g., there must be two witnesses in most cases. The will must be the most recent one. These are the most common grounds on which wills are challenged.
Distribution of Assets
The court-appointed representative has broad powers to value the assets of the estate and to distribute them to heirs either according to the will or according to the state intestacy statute. The valuation of individual assets or the value of the entire estate may be challenged by the heirs. The conduct of the personal representative may be challenged If the wishes of the decedent are not followed pursuant to the terms of the will. The personal representative may not engage in self-dealing, which prevents him from purchasing or selling an asset of the estate at an unreasonable price.
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