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A surrogate court handles legal proceedings that involve settling an estate. In some situations, these courts may also handle other matters like guardianship, adoptions and conservatorships. Most of the times, what the court handles will depend on its policies. Answered below are some of the important questions about surrogate courts: Within what time period can a beneficiary object to a will in NJ? The beneficiary lives in NJ. Will the rules change if the beneficiary lives in Vermont?
One may file a caveat with the surrogate court in the county where the creator of the will lived if he/she passes away. There may be no waiting period if the person wants to object to a will. The rules will depend on the place where the will may enter probate. One can object it between the time when the surrogate court has the will and the probate is started. In most cases, one may be successful if the objection is filed within 10 days. Once the probate process is started, one may not be able to appeal to the surrogate court to set the will aside. If the will has to be objected at this time, the person will have to appeal to the Superior Court. One may have up to 4 months to file the appeal if one lives in NJ and up to 6 months if one lives somewhere else. Where can a person find the contents of a will if it was created in New York?
Wills become accessible to the public only after they enter probate. In order to get information about it, the person may contact the clerk of the court where the will is in probate. Probate courts are also called surrogate courts in New York. The person may contact the clerk of the surrogate court in the county where the will is in probate. One may find a list of surrogate courts in New York on the following link: http://www.courts.state.ny.us/courts/nyc/surrogates/index.shtml. How can a person get a copy of his/her grandfather’s will that was made in 1943? The grandfather died in Westchester County of New York.
A will may become a public record once it has been filed. The person may get a copy of his/her grandfather’s will by contacting the clerk of the court. However, if the will has not been filed, then the person may appeal to the surrogate court to order the person who possesses the will to bring it to court for probate. A person was a beneficiary to some money when a grandparent passed away. However, the money is stuck in the surrogate court because some other beneficiaries are minors? What can the person do in this kind of a situation?
In most cases, it may not take too long to distribute the money that was willed to a person. If there are minors who are also beneficiaries to the will, a guardian ad litem may be appointed by the court to look after the interest of the minors. This is to ensure that the minors receive their share. The guardian in most cases is an attorney who may help out for a small fee that is usually taken from the estate itself. The guardian who is elected can take a look at the amount. If the guardian approves the amount, the court may authorize the distribution. Once the distribution of the money is authorized, the adults may receive the money as a check. The minor’s share will be sent back to the bank and will be given to them once they turn 18. Surrogate courts handle various issues that you may be unaware of. Sometimes, you may have to deal with these courts. At such times, it is important that you understand the different functions and rules of the court. You may ask a lawyer if you have any questions or need further information about the surrogate courts.
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