Unanswered | Answered

Estates

~2900 answered questions
Parent Category: Law & Legal Issues
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
You have options. You can hire someone to find and repo the car. You can do it yourself. Not enough facts to give a very dtailed answer. Email me if you wish.
Popularity: 52
The next of kin should notify the lender immediately for instructions. It holds the title to the vehicle. The lender may be willing to make arrangements for an heir to take over the payments or it may take possession if no heir comes forward. It depends on the details of the particular situation.
Popularity: 42
This is a good question. The answer depends on what your are making the beneficiary designation for. That is, an estate, trust, life insurance policy, IRA or retirement account, bank account. Also, what is the total amount of your assets, are you in a community property state? Finally, what do you w…
Popularity: 224
It goes to the heirs if both beneficiary's were "primary" You might also consider "contingent" beneficiary designation.
Popularity: 32
The proceeds are includable in insured's gross estate if the insured legally possessed and could legally exercise any incidents of ownership at the time of his death. It does not matter that decedent did not have possession of the policy and therefore was unable to exercise his ownership rights at t…
Popularity: 28
Yes. Most credit cards and other revolving accounts are unsecured. A consumer can be sued within the statute of limitations (as established by state law) and in accordance with the card holder agreement. If a judgment is granted, the creditor may place a lien against any real property, garnish wages…
Popularity: 81
Yes. Mental health laws and state statutes provide that any concerned party may give testimony at a competentcy hearing.
Popularity: 27
Yes. You may contact creditors and inform them of the situation. This will not keep them from intitiating collection action or reporting to credit agencies. Having a power of attorney does not make the person financially obligated. In some (not all) states a power of attorney grants legal authority …
Popularity: 33
A creditor cannot harrass anyone. It is a direct violation of the FDCPA. The problem is defining what creates a harrassment situation. Power of Attorney, (unless restricted by the court) gives the person the legal right to act on behalf of the incompetent person. Such as filing for bankruptcy, conte…
Popularity: 93
%DETAILS% Answer Any money you inherit prior to a bankruptcy being discharged would have to be revealed to the judge and trustee assigned. These newly acquired assets would be factored into your financial picture and may be captured in whole or part to pay your creditors. It is possible that …
Popularity: 63
Generally , no you cannot. An abuser by nature is not trustworthy. When someone abuses you, they tell you right there that you are less. They lie and blame to make you think that you are responsible for the abuse- you made them do it. They seem to be able to treat everyone else, including strangers,…
Popularity: 176
Executors and Heirs' Rights If you do not agree with the executor, you may wish to hire an attorney to act on your or your families behalf. Heirs do have rights, but, as with most issues, heirs need guidance from someone. Attorneys are educated in all aspects of the law. Most specialize in something…
Popularity: 188
Revocable Trusts A revocable trust is one where usually, grantor/trustee/beneficiary are the same person. It can be revoked or amended any time until the person's death. Upon death the trust property bypasses probate and assets are distributed to the heirs.    Clarification A trust is …
Popularity: 121
A creditor might be able to assert some sort of claim to the portion of the estate going to the heir if the Administrator is served with notice of a judgment. Remember, the Administrator is wholly responsible for every dime spent and is also accountable for their actions regarding paying debts.
Popularity: 92
POD's can only be revised or revoked by the person who initiated the action. In order to overide a POD it would have to be proven that it was fraudulent. For example, the person was legally incompetent at the time it was made. POD accounts are sometimes "frozen" if there is estate tax owed.
Popularity: 37
It sounds like what you received was your portion of an inheritance. If that is the situation, based on the facts given, there is no reportable tax occurrence. For inheritances, if what is inherited would have been taxable to the deceased, an IRA for example, then it's taxable to the heirs.Ans Mone…
Popularity: 85
in some instances.  yes trust can be rebuilt .because even if that some1 cheats on you or betray you or hurt you so much if that some1 really begging you to trust him or her you need to accept because putting trust to some1 is the best way you can do you need to forgive and to forget.... ANSWE…
Popularity: 136
A foreclosure will typically remain on your credit report for seven years.
Popularity: 101
A creditor can sue for a debt, whether or not someone's home can be seized and sold to repay that debt depends on several factors. In the majority of cases the state homestead exemption will protect a person's home from forced sale by creditors. Several states have laws forbidding forced sale of a p…
Popularity: 35
When property is titled to only one person and the person dies, the property becomes part of the deceased estate. It then comes under the jurisdiction of probate court. The probate court takes charge of all the deceased assets and debts and distributes them in accordance with state law. If the perso…
Popularity: 36
It depends on what was in your father's Will. He could have left something to all of you or left everything to his second wife and any children they had together. The first thing to do is contact a lawyer and get a copy of the Will. You will need this first before going onto the next step of "contes…
Popularity: 71
Wills are filed with the county that the estate is probated through.
Popularity: 55
If there is a will, then you are entitled to what it provides. With no will, the laws of your particular state will govern the dividing of the assets, with the surviving spouse being entitled to some percentage, but frequently not all.If not married and live for 5 years and my spouse writt…
Popularity: 78
was the father-in-law a member of the armed forces?[navy-army-marine-etc.] IF NO- Gather family members up and arrange for the least expensed burial which is cremation which is about $500 dollars depending on your living environment. If Yes contact the armed forces- arrangements will be made.
Popularity: 37
Life Insurance and Executors No, the beneficiary of a life insurance cannot be changed by the executor unless he's the owner of the policy. The proceeds of a life insurance policy, unless the benefciary of the policy is the estate, are not subject to any conditions of the will. It is outsid…
Popularity: 93
Answer In some jurisdictions a deed recorded after the death of the grantor may be considered a defect in title. You should seek the advice of an attorney who could examine the deed and discuss the tax consequences, if any, prior to recording the deed. The attorney would be able to advise you i…
Popularity: 111
Yes, you can go to a lawyer and have him "contest the Will" for you. The reason for this is, if you don't trust your relative who is Executrix (women) Executor (man), just this action alone will make that relative "stand up and fly right" because they could get into trouble. What is due you, you sho…
Popularity: 69
Reduce or eliminate estate taxes, Avoid probate, Make things easier for your beneficiaries, Pass your assets to the ones you love, Keep your estate private, Maintain complete control Provide for minor children or grandchildren Reduce the hassles for your spouse, Establish guardianship for minor chil…
Popularity: 32
The car is an asset in the estate. As such it needs to be appraised and the executor needs to determine what to do with the item to meet the needs of the estate. If the vehicle is the only real asset the individual owned, there are same states that have a 'express probate' form that can get the titl…
Popularity: 92
Considering the veteran's age, and the fact it was attempted murder (old age can cause many diseases that can make the elderly become violent towards usually a mate) and he has served his country with honor, then it's highly unlikely that they will nullify any entitlements due him re a military fune…
Popularity: 87
In Canada if someone does not leave a Will any properties or monies can be left to government. In some cases if you seek out the advice of a lawyer you may have grounds to stop this action. This is why it is so important that people have Wills. Unless your fiance' named you in his Will as Executri…
Popularity: 107
Finding a Deceased Relative's Attorney Advice from FAQ Farmers: Contact the property recorder's or assessors office in the city or county where the deceased owned property. Place an ad in the local newspaper where the person died and also place an add in the legal press. Contact the Law S…
Popularity: 86
Executor (male), Executrix (female) has the right to refuse this duty. It is best to seek legal counsel and one of you can take over the duty. It is best when making up your own Wills that you name more than one person as either Executor or Exectrix (or both.) In some cases, and depending on what St…
Popularity: 90
THE TENANT IS STILL ALIVE BUT HAS MOVED Answer we need to know more facts. Who granted the life estate? Are they still alive? Were there any terms to the life estate, such as "if unable to occupy for six consecutive months, the life estate terminates". The person granted the life estate can als…
Popularity: 94
Answer All Wills have to go to "Probate." This means forms have to be filled out and usually done by a lawyer. A Probate goes over what is in the Estate such as contents, properties, monies, investments. Then all creditors must be paid off and that includes personal income tax and any taxes on ho…
Popularity: 79
Texas intestate succession laws are quite complicated, especially when they pertain to married couples -- Texas being a community property state. Professor G. Beyer teaches at TTU school of law and has a very informative site concerning such issues. http://www.professorbeyer.com It depends on t…
Popularity: 106
Answer No. It's your Will, and those wishes must be followed. The only thing that will happen is that probate will come into effect after the death of the person, all creditors, house/property taxes and personal taxes are paid off. What is left in the estate after that goes to the person(s) …
Popularity: 98
Answer 7 years + 180 days from date of first delinquency.
Popularity: 3
Answer Usually the next of kin will be sought after by a company "In Trust". Children of the deceased will be sought out, or if there are no existing children it can go to a sister, brother, parent of the deceased. Answer The court will appoint a new executor. The residual amount then goes into t…
Popularity: 81
Unless there are instructions in the will they should be turned over to the heirs-at-law and next-of-kin. (Who would take them under the "estate" anyway.)
Popularity: 83
Some people feel because they are left as Executor of a Will they can do as they want. It's a serious position (that you can decline if you so choose) to be sure the Will is carried out by the decease's wishes. The Estate would go into Probate and this means that ALL MONEY, PROPERTY, STOCKS, BONDS, …
Popularity: 96
Answer The answer depends upon how your Dad and his siblings took title to the property: as tenants in common or as joint tenants with right of survivorship. As joint tenants with right of survivorship, his share would pass to the other siblings named in the deed. If they acquired as tenants i…
Popularity: 67
If you were to leave your husband than half of all he owns his yours including his Retirement Fund. However, if you remain married it should be a "given" that the money is both yours. My husbands father passed first, the Estate automatically went to my mother-in-law, but when she passed she divided …
Popularity: 74
First, the last surviving parent's estate must be probated in order for legal title to pass to the heirs. If there was no will the property would pass to the heirs at law under the laws of intestacy and they would hold title as tenants in common. If that parent left a will it depends on the languag…
Popularity: 56
In Massachusetts, creditors have 1 year from the date of death to notify the executor or administrator of the estate of the outstanding debt. This has just happened to me in North Carolina: My attorney ran it in the paper for 30 days and that was all. In Kentucky, an estate has to remain open …
Popularity: 104
Answer No they can't. However, if the beneficiary is being unreasonable, then the Executor has the right to ask the beneficiary to deal with him through their lawyer. Answer An executor can deny a beneficiary access to property in an estate. Once again though, you must check the laws of the jur…
Popularity: 67
I know for a fact you have to go down to court and protest that you want to adopt these children and then you and your wife have to go to juvenile court what you really need to do is call a lawyers office and find out how would you go about petition the adoption of these children that's just the bes…
Popularity: 118
An heir to an estate that is in probate can receive an "advance" against his or her beneficial interest in the estate. Because the "advance" only affects that heir's share, it can be done without the consent of the other heirs. Most of these transactions are structured as purchase agreements, not in…
Popularity: 70
Usually most people name an Executor (male) or Executrix (female) in charge of the Will. You do have a right to see that Will, so I'd ask your brother if you could see it. He may or may not let you read it if you are on the young side. If your father just left a Will and never mentioned an Execu…
Popularity: 109
You certainly do have rights and demand them! You have a right to see the Will. Read the Will carefully and see how the Estate is suppose to be distributated. Example: China/jewelry/pieces of furnishing/heirlooms, etc., are to go (see if the deceased has named a sibling or relative for each piece an…
Popularity: 34
With regard to property ownership you can contact a title company or residential attorney to have them conduct a title examination of the property address.
Popularity: 97
Answer if the majority owner agrees Yes, a new deed can be made and signed by the current owner and new owner. it must be witnessed and notorized. Monies need not be transfered, except to pay for the process to be complete and deed recorded with the county. There has to be consideration, even i…
Popularity: 34
Answer You will not legally be able to sell the property if the girlfriend has a life interest unless you have her consent. She will expect some compensation, that needs to be negotiated with the estate. For example, the sale proceeds could be used to provide another property for her to live in d…
Popularity: 64
If you are the executor of someone's estate, it is fairly simple to sell their car. You have to wait until the estate is settled and that you have proof that you have the authority to act on behalf of the estate and copies of the death certificate. In most states, you would then simply sign the back…
Popularity: 32
Answer The state or province would provide the burial or cremation and any property would escheat (pass) to the government.
Popularity: 65
There are different possibilities depending on the details. If your mother died while married to your father, the property belongs to him and it would pass according to his will. If he died without a will the interest in the house would pass according to the laws of intestacy of your state. Usually …
Popularity: 67
Answer This varies from state to state, but most divorce decrees will include making the will void as it applies to the spouse in question. Consult the divorce decree and a probate attorney to find out what happens in your state. Additional Comments Answer In Massachusetts any provisio…
Popularity: 94
The only Will that counts is your latest Will and hopefully you have put the date on each Will. If you are unsure of this, then do a fresh Will and be sure that you state this is your final Will and that the date is on it. This doesn't mean you still can't change the Will at a later date. Every 10 y…
Popularity: 34
The debts and assets of the estate will be handled in accordance with state probate laws.
Popularity: 69
You have to be sure there is a Will, and then you have to be sure it's the very last Will your niece's father wrote. Her father could have changed his Will and automatically everything can go to his wife. If you know the lawyer who is handling her father's Estate then I suggest you make an appointme…
Popularity: 36
You haven't explained the reason for the lien. If the beneficiary owes the siblings any money and refused to pay they can sue in court for the debt and obtain a judgment lien on the property.
Popularity: 48
Answer If no executor was named in the will, then a person may petition the court to be appointed as such. Contact the clerk of the probate court in the city or county where the deceased lived and/or owned property. Answer 2: If no executor was named in the will, then the will is technically no…
Popularity: 38
Answer In this specific case, yes, but it can vary. If it can be proven that the daughter had lived only seconds longer than the mother the estate would go to daughter's and thence to her heirs. In this case, two weeks, it would become part of the daughter's estate. However this can have…
Popularity: 37
Only if the lien was paid through the settlement of your mothers estate. If you don't know if the estate was probated, check with the probate office in the county she died in to see if anything was filed. Answer An IRS lien would not have anything to do with back child support. It would only have to…
Popularity: 21
Answer The minimum time in Illinois is six months. Generally the estate has to be open for six months to wait for claims to be filed. However, if the decedent has already been dead for 2 years then the statute of limitations to file has passed and if everything else is taken care of then the e…
Popularity: 6
Go to the probate court and ask to be appointed the executor. In most places there is a simple couple of forms to fill out, including a listing of all possible beneficiaries.Aggie80 Probate Attorney
Popularity: 50
United States: No. Your spouse is not legally entitled to your inheritance from your parents. It is considered your separate property in a separate property state or a community property state.
Popularity: 23
In one form yes. If you stated in your will that you wanted it carried out after the signing and witnessing of your will it would be done.You picked a rather bad date to try to answer your question. 1723 had lawsuits over estates like crazy. Even going as far as bringing the cases to England to have…
Popularity: 101
Many people think an estate only has something to do with the death of a person. But your estate is the sum and total of everything you own at any given point in your life, from the clothes on your back, to the money in your pocket, to a car, a house, your investments, etc. During your lifetime, yo…
Popularity: 28
I'm not a lawyer and I'm not giving you legal advice. You should check with an attorney for "real" legal advice, particularly as it pertains to the specific area in which you live, or in which the apartment is located.Generally, the answer is yes, BUT. For instance if the apartment is vacated and cl…
Popularity: 31
Only that property that is determined to be owned by the sibling. If property is owned jointly between the sibling and the remaining family, the remaining family may be forced to get a loan to pay the appraised value of the siblings share.As this Q is frequently referred to by those asking about a t…
Popularity: 17
The Executor has the right to sell the home, but, must contact all Heirs to see if they agree and give one of them a chance to buy the home if they so choose as long as it's at market value. (Be sure the house taxes are up to date first.) The money from the sale of the house will be put into the Est…
Popularity: 24
1 Check with an attyHopefully the decedent had a valid will2 I was told by an atty for my fathers estate that the surviving spouse cannot be excluded from an estate however children can .Some parts of a persons estate will automatically go to the surviving spouse. It all depends on what in in their …
Popularity: 36
Answer In the states I'm familiar with, as long as the executor is providing the proper reports and managing the assets, there is no limit on how long an estate can be open. If beneficiaries complain, or the state is the beneficiary, the probate court can appoint a new executor to resolve the iss…
Popularity: 37
Answer Yes. The mortgage note is still a legally binding contract enforceable on the estate.
Popularity: 41
That's the decision of the executor of the estate.
Popularity: 18
Answer When a person dies intestate(without a will) the court will appoint an executor or executrix to handle the deceased's estate. Generally a judge will appoint the closets family member who is willing to accept the responsibility. After the deceased's debts and taxes have been satisfied accor…
Popularity: 10
Generally the property owner is responsible for repairs or improvements done even if they were not the one to enter into the contract. In this case the person owning the property seems to have been aware that maintenance or improvements were being done, therefore they are responsible for the cost in…
Popularity: 65
You should have a copy of the Will. I would retain a lawyer so they can get the Will and be sure you both are being treated fair and square. Once a Will has been Probated (paying off personal/property taxes and creditors) then what is left in the Estate (including properties, stocks, bonds, savings …
Popularity: 16
No, before real property can be sold or transferred the title must be clear of liens. Liens can be voided or waived if they were placed on property that is found to be exempt under state law. It is not unusual in TBE states for a lien to be placed against real property but such a lien is not enforc…
Popularity: 24
It is likely the only option is to file a lawsuit and present evidence that the property was fraudulently conveyed to the person who now holds title.
Popularity: 17
The house must be included at fair market value as of the date of death regardless of the amount actually paid for the house. the only exception to this rule, would be if the executor elects the alternate valuation date, which would be the fair market value at the earlier of 6 months after date of d…
Popularity: 19
The deceased passed away 2 years ago in Missouri. The grandson that had the power of attorney has not filed the will as of yet that we know of. The other two grandchildren are wanting to get it settled as their grandparents house was supposed to go to the youngest grandchild. This has not happened y…
Popularity: 19
Yes, surviving family members are not responsible for the contract nor any outstanding debt associated with such. An exception MIGHT be a surviving spouse where the married couple resided in a community property state.
Popularity: 43
First of all if you are an heir get yourself an attySecond , if there is an administrator of the decedents estate someone has to petition the court or be appointed by the court to be an administratorThe money in an estate account when there is no will must be used to pay any outstanding debts and ex…
Popularity: 21
Don't surrender your policy Too late. It was too late when the written request was sent in to and received by the insurance co. If it was a verbal request, I suppose you could be dishonest and lie. Whole life or Cash Value life insurance is for a persons "Whole Life" and therefor generally should…
Popularity: 30
Yes it is. If one spouse dies the house/property will automatically go to the living spouse according to the Will. If you don't have a Will please have one drawn up. If you aren't leaving money to children, then keep it simple and just leave everything to the surviving spouse. Here is another thoug…
Popularity: 55
I am not an attorney, but I recently visited one and was told that if they are responsible for handling all my business after I passed, they would charge a percent of what I'm leaving for their fees and then they will distribute the rest to the beneficiaries that I have listed.The person who has bee…
Popularity: 40
Answer Why bother? No one can legally inheret debt. Actually debt can be "inherited" if the deceased left a spouse and the married couple resided in a community property state, the debts then revert to the spouse whether he or she incurred them. In non-community property states the deceased's d…
Popularity: 20
Answer It's very difficult to tell if the person had a history of drug use. The coroner usually checks the liver, kidneys, spleen, lungs and heart upon autopsy (the filtering organs can tell a lot). Depending how soon after death the autopsy is done is very important. If the person had a long histor…
Popularity: 22
Answer No, if they are not included in the last will and testament of the deceased they have no legal right to any property as they are not considered in the "blood line" of the deceased. They are entitled to property that the biological mother held in her name only unless the property was acquir…
Popularity: 9
Only if you want clear title to the property. If you fail to clear the lien, the property can be sold from under you. If the lien holder does not forclose you will still not be able to sell the property until the lien is satisfied. Just pay the debt, especially if it is valid. When you inherited the…
Popularity: 31
Any family member or "person of interest" has the legal right to contest a will. However, the plaintiff has little chance of being successful unless the will can be proved invalid.There are several things to look for in contesting a will. Was the will written before your birth? Some states specify t…
Popularity: 12
I believe so. The life estate simply governs the ownership of the property. In other words, you can't sell it and the previous owner can't sell it until he or she dies. I believe it is intended to be passed down. It's been a while since I took the course. What you do with the property is up to you …
Popularity: 10
No. All the owners by deed must sign the mortgage. A lender will require all owners to sign the mortgage in case there is a default and the lender takes possession of the property. If all owners didn't transfer their interest to the lender the lender cannot foreclose of the property. If the deed and…
Popularity: 15
I am assuming this question relates to a situation where the executor has already been appointed and the beneficiaries are unhappy with the administration. You can file a lawsuit in the probate court demanding the removal of an executor, however you will have to prove that the executor is acting unl…
Popularity: 31
Answer Absolutely! Many people have either 2 Executrixs (female) or perhaps an Exector (male) and Executrix. Executrix's aren't taken lightly and they are to follow the wishes of the deceased to the letter. This means paying off all bills and other debts, and then the Estate goes into Probate…
Popularity: 17
No, surviving family members are not responsible for the debts of deceased persons if they were not listed as a joint account holder or borrower.The exception being a surviving spouse when the couple resided in a community property state.
Popularity: 10