What would you like to do?
Can an adult child get deceased parent retirement?
No - the FDCPA mandates that collections can only be performed against the debt holder. If any collection agency contacts you and says you are liable, record the phone call (g…et permission if your state requires it), and contact a lawyer. If they're going after debt that is not yours, and telling you details of the debt, they are violating FDCPA all over the place and you can attempt to sue for $1000 per violation. An attorney can help you out in this situation.
Unlikely but the estate may have obligations. The question itself is very vague. Do you mean medical bills? Credit card bills? Utility bills? Exactly what type of debt? No on…e is responsible for a medical bill, credit card bill (unless they're in joint names), utility bills except for the person the bill is in their name. Paying a spouse's hospital bill after their death is unnecessary. It doesn't matter if it's AZ or any place in the U. S. The only bill you must pay is the mortgage itself otherwise you will lose the property if that's not paid. Also a car note if that's not paid the car will be repo-ed. Not paying the electric bill means no electric the same for the cable bill. Paying any bills out of the estate is up to the individual who inherits the estate but in my opinion the bill dies with the deceased. Think about it once a person is dead you tell the bill collector they're no longer alive you won't get another phone call or another bill since you can't collect from the dead.
Typically they shouldn't be. The debts of the deceased are the responsibility of the estate. Anyone that was also a co-signer on any of the agreements might also be responsibl…e. Consult a probate attorney in your jurisdiction for help.
Answer By law, it is supposed to be included in the estate and disbursed along with funds from the sale of property.
How does an adult child deposit a check made out to a deceased parent into a shared checking account?
In most countries you can not do this because it is not legal to cash a check made out to a deceased person. What needs to be done is that the executor of the deceased… estate must obtain from a court a grant of probate for the deceased estate and, with is legal document, write to the supplier of the check and ask them to re-issue the check in the name of the deceased heirs.
The taxes of a deceased person would be the responsibility of that person's estate. If the children are the administrators/executors of the the estate, then they would be resp…onsible for filing the taxes on behalf of the deceased; but the payment would come out of estate funds, not from the children personally.
Anyone living in such a home has only the rights granted by the heirs who acquire the home under the local statutes of intestacy. If they want you evicted immediately, they ca…n obtain a court order to do that. If they want to charge you rent, or long-term lease, they can do that. If they want to give you the right to stay there for "free" for the rest of your life, they can do that. Your only "rights" would be those provided in state law for any other "tenant at will", such as 30-day notice to get out. Another Perspective/ClarificationIf the last parent died intestate their property will pass to their heirs at law according to the state laws of intestacy. If there is more than one child, all will inherit an equal share of the property as tenants in common. In either case the estate must be probated in order for title to lass legally to the heirs. Any estate that contains real estate must be probated in order to establish title and the estate should be probated immediately. All the heirs at law have an undivided share in the property so each has the right to the use and possession of the whole property. However, once an administer for the estate is appointed they will have authority over the assets and responsibility to settle the estate. Arrangements could be made for the child who resided with the parent to continue living there, however, the family must come to an agreement and the child will need to pay their own expenses. You need to probate the estate and consult with an attorney who can review your situation and explain your options.
How can an adult child get a copy of their deceased parents' living trust when a brother who is the trustee refuses to supply one?
Answer Contact the Attorney or whomever Legally drew up the Trust. * The attorney will not give out such information. If the trustee refuses to s…upply the beneficiaries with a copy of the trust or the information that is sought, the interested party will need to petition the probate court for a copy of the document.
Is an adult child entitled to a share of property and money after one parent dies and other parent is still alive when the deceased parent did not have a will?
Possibly, depending on the laws of that particular state, the value of the estate and how the married couple's assets were held. A lot of "if"s, but there's no other way… around it. As to laws some states provide for an apportionment of assets of a person between the spouse and the children. In many cases a spouse may get the first certain percentage of the estate or dollar amount, then the rest is divided in some way. Some states also give the spouse a specific minimum percentage, in NJ it is called the elective share. In both cases the size of the estate will determine if the children get anything. If it exceeds the minimums, they will, if not, they won't. If the married couple's assets are all held jointly, then none of the above matters. The spouse just takes it all by virtue of joint ownership.
\n. \nShe would be a legal heir. The court would appoint a guardian to protect her interest. If the parent died intestate, you can check out state intestacy laws at the link …below.
Assuming there is no Will in place which excludes the child from the parents estate, and depending on the existence of other parties with interests in the estate [i.e..brother…s,sisters, others ] the distribution of the deceased's assets is dealt with by the intestacy law of the state in which the deceased dies and the estate is opened. The rules of "descent and distribution" (which is the terminology used to describe the process by which property passes when there is no Will), vary from state to state and are based upon state, not federal, law. These rules outline the rank order of persons (heirs) who have a claim to the estate, and the process by which creditors of the deceased can make claims against the assets. In that regard, the heirs are generally not personally liable liable for the payment of the deceased's debts (unless they contracted for that liability), but a valid claim of a creditor properly and timely made, can deplete the assets of the estate such that there is less to distribute to the heirs. The child will have to file his/her claim with the court/trustee/administrator/attorney handling the estate. States have separate courts that deal with probate-sometimes called "Probate Courts", and sometimes known by another name. The ultimate amount that a child will receive will depend upon factors such as the total amount of assets in the estate, the number of beneficiaries and the nature of their relationship to the deceased (for example, a surviving spouse often gets the bulk of the estate) attorney's fees, and court costs. In larger and more complex estates, accountant's fees may become an issue, as would taxes of various sorts.
By adult child I assume you mean 18 and over...so If an adult child(18+)(That is not mentally disabled) deliberately and knowingly hits a parent then the parent should call th…e police and have the adult child(18+) arrested for assault and/or battery and follow through with the charges and let them face criminal punishment for their crime....If the adult child is say 15-17 then police should be called and the child sent through the juvinle justice system and face punishment there...If a child will beat up on a parent then most likely that child will beat on their wife/husband and on any kids they may have in the future..
Can an adult child of a deceased parent reside in their house without notifying anyone and then just continue to live there?
You need to have your parent's estate probated in order for legal title to pass to the heirs at law. You cannot insure the premises until you have legal title. If the premises… are covered by an existing homeowner's policy and any damages occur, the proceeds will be paid over to your parent's estate, not you. If there are other heirs you are depriving them of their property and that can cause legal problems for you that may be costly to resolve. If your parent died owing any debts, they must be paid before any property can pass to you. You will be required to publish a notice of death in the local paper. If someone gets injured on the property you have no protection if they sue since you are not the legal owner of the property. A creditor could open a probate and make a claim against or sue the estate and you could lose the property. On the other hand, if you do things the right way and probate the estate so that you have legal title, you will be able to take advantage of a state homestead protection to protect your primary residence from creditors. You should consult with an attorney who specializes in probate in your area. You should note that by not doing things properly you are inviting legal trouble that could prove to be costly.
It is not the parents, but the estate that is responsible for any remaining debts. That will include medical bills. If there is not enough in the estate to cover them, someone… will not get paid.
ONLY if the Parent Co-Signed for the Debt. Otherwise NO.