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Estates

Parent Category: Law & Legal Issues
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
No unless you specifically guarantee payment.
Really as long AS it take you it get it out their Could be fast OR SLOW If this is far from the Answer at Least l took a guess!
To gain legal authority or the guardian of estate which allows a fully competent individual the of the use of monetary assets of an individual that has been deemed unable to care for themselves. For example, it is not for the Guardians use it is to pay the incompetent individual(s) utilities, living...
The estate must repay the loan before assets are inherited.  Otherwise, only if they cosigned.
Yes if they go through probate. There is an intestacy law that specifies distribution. Without going through probate, the state could claim the property. Consult an attorney in Florida.
An attorney in fact is someone who acts for another person. To do  this, he or she should hold a power of attorney from the person for  whom they are acting.
If you mean "what is an interest change date" it means the date when the interest rate on a loan changes when the loan is an "adjustable" or "floating rate" rate loan. A lot of home loans, for example, are "ARMs" or adjustable rate mortgages, and change usually on an annual date. Some debts are so...
Yes. The owner of the item may leave a will where the "item" is  bequeathed. However, if the item is a large financial or  property/business then other parties may take exception to this and  challenge the will. It is always appropriate to seek out a legal  professional to ensure the the wishes...
If the will has been filed in probate then you can contact the court to obtain a copy. If your brother refuses to file the will for probate then some other family member should petition the court to be appointed the administrator of the estate as though your mother died without a will. It is likely...
The coat of arms of the Russian Federation derives from the earlier coat of arms of the Russian Empire which wasabolished with the Russian Revolution in1917 and restored in 1993 after the constitutional crisis .Though modified more than once since the reign of Ivan III (1462-1505),the current...
Belongings are to be divided equally between Beneficaries or goes  to cherities   *********   It also depends, initially, whether there is a will and appointed  Executors.
A "Petitioner" is a person who brings a petition. They are kind of  like a plaintiff in a civil suit. They are asking the court to do  something, that is make an order effecting their, and potentially  other persons, rights and property.    A "Respondent" is the person who (yup, you guessed...
While I am not sure what you mean by "cost to become an executor of  the estate," you might find this information useful on the cost to  open an estate.    To be appointed as executor or administrator of the estate  (executors serve is there is a will, administrators serve if there  is no...
The trustee must sign a deed with the trustee listed as Grantor and  the person to get the house listed as Grantee
Depends on your state.    The amount of the administrator's fee, and when it gets paid,  depends on the law of your state.    Here in California, the administrators fee is set as a graduated  percentage of the value of the estate plus an additional amount if  the administrator performs...
Upon the death of the parent with a Will, the estate goes through some form of probate, depending on the state where the parent died. The probate process will follow whatever rules are established for this asset in this state.
  in the probate office of the county the deceased resided in.
An executor is obligated to keep heirs informed of court  proceedings of an estate. Information should be sent by first class  mail or certified return receipt for proof of notification.
As a general rule, none. California does not recognize common law  marriages. But, exception do exist.    One, you are named as a co-owner. Here you have a right to a  portion of the property. If you are named as a joint tenant, you  may receive all of the property (along with any other...
No. The point to a will is to deem who you want to receive anything is named. Unless the will was made before you where born I don't think that you can challage that either. If your father did not know you would exist the date the will was made, then I think you might have a case. but in all...
All states have laws of intestacy that direct the distribution of an estate when the decedent dies without a will. As an old Professor of mine would point out: NO ONE DIES WITHOUT A WILL. Everyone actually has one. Because, if you don't write one for yourself, the State you die in already has ......
Yes.   It is even better than a typed or printed Will. Called a holograph Will. Much easier to prove in a court of law by the propounder if there is necessity for probate in that legal system.   There are two types of Wills: Privileged and unprivileged.   Priviliged Wills are of Soldiers,...
Answer A life estate is the right to the possession, use and income from a property for the duration of one's natural life. That person cannot leave the property to anyone else in their will. After the life estate holder's death the life estate is extinguished and the property is owned by the fee...
No. If a trustee of a living trust dies, then the successor trustee  takes over. If there is no named successor trustee, then someone  should file a petition with the court to name one.
  Get ahold of the executor/executrix. File a claim with the Surrogate court where the will was probated.
You should petition the probate court to be appointed the administrator of your mother's estate if you're over eighteen years of age. Once appointed you will have the legal authority to take possession of your mother's estate. No one can appoint himself to be in charge of an estate. You should...
The duties of the Executor are too broad to write them all in this forum and they vary from state to state. Briefly, the general duties are the following: Safeguard the assets, changing locks if necessary until the will is presented for probateSelect the attorney who will handle the estateSubmit the...
A sibling cannot appoint himself the administrator of an estate. Only the probate court can make that appointment. He needs to petition the court to be appointed and if you have objections you can submit them to the court. There will be a hearing and the court will review your objections. Another...
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  In New Jersey at least, and I assume it is the same all over, a will can be challenged after a person dies. In fact, no will can be challenged UNTIL the person dies. I have seen several will contests and in some of those cases it was absolutely right to challenge them.
In California, a community property state, all income and property of the family unit is subject to consideration for repayment of student loan debts. If student loans are in default status and the borrowing spouse passes away the debt does NOT necessarily die with the borrower. Depending upon the...
Generally speaking, no; only if the person holding power of  attorney also signed individually or fraudulently authorized the  estate to become indebted.
No one can accomplish anything by one visit to the courthouse. If the renegade sibling filed a petition in probate court to be appointed the administrator of the estate the other siblings will be given notice of the date of the hearing and can follow the instructions in the notice to object to the...
Not necessarily. Estate real estate is like any other - based on location, location, location, condition, etc. Unless the sale is a distress for some reason. If there is an executor or administrator, or trustee, all of them have fiduciary obligations to the estate to get the best price possible.
When a plaintiff (deceased) is suing out of their estate; The estate of a deceased plaintiff; Intestacy - leaving behind no will.
When a will has been filed for probate, there is a short period at the commencement of a probate proceeding when it may be contested. Any objection must be filed with the court during that period or the right to object is lost.
Typically the trustee is the successor bank, but it does depend on  wording in the trust as well as potentially state and/or federal  banking laws.
  A cousin can contest a will but only if by winning the contest, the cousins will inherit a part of the estate that they would not inherit under the will. In short, the cousins have to have "standing" to contest a will. "Standing" generally means having some kind of stake in the outcome of the...
The Atlantic Ocean lies to the west of Africa. The Indian Ocean  lies to the east of Africa.
In addition to all out-of-pocket expenses in managing and settling the estate, Personal Representatives (executors) generally earn a fee of about 2% of the probate estate for their work. (This varies moderately in jurisdictions and generally decreases as a percentage as the size of the estate...
The Cuban Coat of Arms is the official heraldic symbol of Cuba. It  consists of a shield, in front of a Fasces crowned by the Phrygian  Cap and is supported by an oak branch and a laurel wreath.
The coat of arms is a shield that is red that has a white cross on it
A beneficiary has no responsibilities. They receive the benefit of the bequest or trust. They would be responsible for any tax consequences.
People support it because they believe in second chances and/or to save their taxpayer dollars. Authorities support it because they don't have to house people if they make parole. It can be a revolving door, especially since parole violators are not sent back to prison unless the parolee does...
The only debt you're liable for - is anything in joint names. Any debt solely in his name died with him.
Yes - if the account is in joint names, and one of the named people dies, the surviving person assumes all liability for the outstanding balance.
If you are excluded from the WILL and you want to get points across and cant afford a lawyer can it be done ?!
The answer depends on whether your father's estate was probated and who owns the property now.
No - the surviving spouse is not liable for the deceased person's bills !
  If there is a will then the person to be executor is appointed by the will. If there is no will or the executor is dead then you need to go and see a solicitor about how to proceed. If the estate is very small there may be government advice on how to proceed (solicitors will charge) - there...
Yes, and frequently this is the case. (By "inherited home" I assume  you mean property the decedent owned prior to death and that is not  subject to a specific devise, "I have 123 Smith Street to Jen Doe."    In a normal probate, all of the decedent's assets are liquidated,  their debts paid...
  Unfortunately, yes. The ambulance charge has nothing to do with your husband passing away in the hospital. Sorry for your loss.
While that would help speed up the process after she dies, it isn't necessary because she has a will.
A will is usually filed in the probate office where the records are kept. You can get a copy of the will for printing cost. Someone in the probate office can usually help you find the will. . A will that has been entered in to probate will be available at the Probate Court where it was put into...
Sorry, but the property belongs to the estate. They can charge rent. Hopefully you will inherit the property, or most of the value of it when the estate is settled.
  No. If an Executor takes out a loan it has nothing to do with the estate he is executing.
The probate of an intestate estate is commenced when someone files a Petition for Administration.
If the decedent died owning any property in their own name the estate is responsible for paying their debts. The creditors and any unknown heirs must be provided with the opportunity to make a claim against the estate. If there is real property, title will not pass legally unless the estate is...
You need to consult an attorney who specializes in probate in your area who can review the situation, the first probate proceeding and the will, and explain your options, if any.
No. Not unless that right was reserved somehow in the grant that created the life estate.
If your grandmother died intestate (without a will) then her assets will be distributed according to the state laws of intestacy unless she arranged in writing with her fund manager or investment firm to make those shares payable on death to her named grandchildren. You need to contact the fund...
You must be a qualified person under state laws (usually a family member or creditor) and you must file a petition with the probate court asking to be appointed the administrator. If eligible you should inquire at your local probate court to obtain blank forms and to determine what must be filed...
  You need a lawyer. As far as I can remember, as long as the loan payments are kept up to date that bank has no foreclosure recourse. What should happen is that the bank should transfer responsibility for the loan payments to the daughters after probate/reading of the will. If the daughters...
Probate laws vary in different jurisdictions. Generally, if there is real property in the estate the will must be probated in order to vest legal title in the heirs. If there is personal property such as bank accounts, investment accounts, a car, home furnishings, etc., the estate must be probated...
The best way is to find a property agent and it is also important to prepare your house for a sale, make it more appealing.
\nIn your will you would devise your real property to your son in fee simple to be his absolutely and forever, however, subject to the right of your second husband to occupy the property during his natural life.
It is possible. You need to contact an attorney to file a motion  with the court.
You may be entitled to a share of the proceeds from the sale of your deceased mother's house. You will, however, have to file a claim.   Remember that if your mother left any debts, like a balance on the mortgage, the court or arbiter is obligated to weigh heavily in favor of the lender. Any...
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  == Answer ==   You would have to get the deed and have an attorney put all of the children's names on a new deed.  This would give each of you title to your father's estate.
HE asked the king to identify the tattoo on the chest of his  deceased brother.