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Estates

~4200 answered questions
Parent Category: Law & Legal Issues
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
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…
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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…
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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…
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%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 …
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My bad...I failed to mention that i am seeking help outside of just trying to do it myself. I am already seeing our chaplain and seeking a psychologist as well. As for embarrassment, I do not feel that because i need to seek help, what i am embarrassed/ashamed about is the way i treated her. Thanks …
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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…
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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 …
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Administrators and Heir's Debts Depending on the size of the estate, the decedent's debts have to be paid...was there a will? The Administrator has nothing to do with the heir's debts, though a creditor might be able to assert some sort of claim to the portion of the estate going to the heir. In …
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Answer The person who was "cosigned for" is still liable and the collateral is still collateral, it's just owned by the estate now. Same laws still apply
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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…
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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…
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Answer In most cases the executor of a will by law has to liquidate all nonexempt assets to pay creditors. State probate laws determine which property can be sold to pay the deceased's debts. If it is thought an executor is mishandling an estate, the concerned party should seek legal counsel.
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Answer If your mother is of sound mind (does not have dementia or Alzheimers) then she can sign Administration rights over to you. This means that although you can't loan money you can delegate where your mother's money goes such as investments, repairs on her property, food, insurances, health…
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Answer The surviving spouse will receive all jointly owned property, including bank accounts, real estate and some vehicles. Any property in which they are named beneficiary, such as life insurance, IRA's and some annuities. All other assets proceed accordance with state laws governing decendan…
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Answer You are going to need an attorney for this. It's best to spend the money to protect your rights in the Will. Just because someone is executor (male) executrix (female) doesn't give them the right to sell any properties, spend any monies (other than pay the deceased creditors or back …
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Answer It depends on what the deceased parent has put in their Will. If they said that the surviving parent takes care of any monies or property until you are the age of 18 or 21 then the surviving parent has the right to do so. Your surviving parent is probably keeping the money for you so y…
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A foreclosure will typically remain on your credit report for seven years.
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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…
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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…
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Answer If the father paid Social Security taxes, minor children are entitled to survivor benefits. (www.ssa.gov). For private benefits through a pension or anuity or insurance program you would need to have some idea of the holder of the policy or fund. This information might be available fr…
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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…
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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…
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Answer I believe if you are the personal representative or executor of the will you would need to contact the life company providing them with original death certificate and probate papers and you ought to be able to find the worth out
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Answer If there is no signed Will (do a search on it) then there is no probate unless this person owns property or has accounts. A search will be done anyway. If there is no note with a date, signature by the deceased as to his wishes re personal effects, truck and motorcycle then this …
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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…
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Answer If your husband passed on leaving a Will and everything goes to you, then car is yours. The best thing to do is give a copy of the Will to your police department and they will escort you to be sure you get the keys to the car from your father-in-law. Good luck Marcy
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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…
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Answer If your mother is keeping receipts for the doctor's visits your cousin is going too, and your mother is in the Will as well as being Executrix, then she has to deduct this portion off her share of any monies left to her after the Will is probated. Example: Your mom has to divide …
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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…
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Answer If the couple were legally married at the time of death, and no stipulations made on the part of the deceased, the surviving spouse's wishes supersede those of other family members. The husband should notify those who have possession of the body of his legal rights as the surviving spo…
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Answer It's one year in Canada. If heir cannot be accounted for, then the Executor (male) Executix (female) has to put an ad in the town paper twice in that one year to advise that heir of their rights to any monies or properties left to them in the Will. I don't quite know what you mean …
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Answer Property cannot be sold, partitioned, refinanced, etc. without having a clear title. The party involved must contact the attorney in question, to have the matter resolved. There are not grounds nor procedure for an "emergency transfer".
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If a person (of legal age?) is named on a bank account they have the right of survivorship to the account and are not included in probate regardless of their status of POA/Excecutor. When you are Power Of Attorney you are responsible for showing every transaction you made. In most cases, if the f…
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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…
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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…
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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…
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Answer Not knowing the state of residency the question can only be answered in a general sense. If the father is capable of understanding the process he can give the daughter Power of Attorney. A POA in most cases will allow the person to oversee all the financial and personal needs of a pers…
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Answer You receive title through the will. There is no conveyance, as title vests in the receiving heir(s) immediately upon decedent's death, subject to legal contingencies or conditions that may require disposal of the property to someone else during probate. Once the estate is settled, th…
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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…
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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…
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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…
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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) …
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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…
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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.)
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Answer As long as your mother is considered of sound mind, there isn't much you can do about this. Your mother has signed a contract with your sister and thus, it's between them. A hard pill to swallow I know. Sorry Marcy Answer wrthryjergjumk etjetwmmkk whjetn
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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, …
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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…
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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 …
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Answer Wills say it all, and that's why people should have one (even people in their 20s if they have personal posessions or property.) If this person in Virginia has left a Will, then the only way step-children would get any portion of the Estate is if that deceased has provided this in…
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Answer Debt(s) are not the responsibility of a surviving child or family member other than a spouse which in this case is not applicable. Whatever amount is in the estate that is not exempt under the state law will be used to pay any outstanding debts according to their priority. Secured cred…
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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 …
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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…
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New Wife vs. Children This is the reason a will is so important for anyone who not a minor. It should be redone as soon you get married, have children and perhaps change it every 5 years after that. It varies from state to state. If there was not a will that listed the new wife, most s…
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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…
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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…
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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…
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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.
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Answer I'm going through this now. Send a registered letter requesting a financial statement of the account of the estate and put a time period for them to answer even better to send it to the estate lawyer. If that fails hire a lawyer to request it for you. You must be named in the will as a b…
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Answer if each child was given 33.3333% of the home its up to the other two to agree that she can have it.
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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…
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Answer The state or province would provide the burial or cremation and any property would escheat (pass) to the government.
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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 …
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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…
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The debts and assets of the estate will be handled in accordance with state probate laws.
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Answer Yes, no assets or property can be taken until probate procedures have been completed. In some instances certain personal items, such as photographs can be released to family members with the permission of the executor. The executor is bound by law to protect the deceased's property unt…
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Answer Yes there is. An Executor (male) Executrix (female) who is doing a poor job or cheating or stealing from the said property of the deceased can indeed be taken off the Will, but you will have to see a lawyer about this and prove it. Be very careful with this accusation and learn a…
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Answer No, the executor does not have an interest in the real property. He is not selling it, the estate is. If he inherits the property, then he has an interest in it and there could be dower rights involved. That is an issue that varies from state to state. It would be best to contact …
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Answer Not federal, states however establish laws concerning such taxes. The interested person(s) might wish to contact the clerk of the probate court in the city or county where the deceased lived for specific information.
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Answer one advantage i that you won't have to pay federal estate tax or inheritance tax on the property because it has not been willed to you but it is your b4 she dies. next is that her "estate" won't have to go through probate court cuz there is no realestate to change hands. Answer …
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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…
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Answer It depends upon the reasons the POA is in force. If the POA is due to a person not being able to handle their financial affairs such a transaction cannot legallt be done without permission from the court. In cases where credit is obtained using power of attorney w/o court approval, th…
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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…
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Answer Wills signed by the deceased and witnessed are always valid. Often the elderly may change their minds, but never change their Wills, so the last Will and Testament is the final word. Whatever is in that Will is the way it will be played out. Marcy Clarification If a W…
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Answer yes Answer: Not if the estate was filed in the probate court and she was the duly appointed executor. An executor can't operate in secret if the other interested parties are on their toes. That would be grounds for removal and besides that, everything an executor does is publi…
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Answer Hi Mackey Nice to see you around and thanks for adding on the extra info. Have a great weekend! Marcy No, only the surviving mate would be responsible. Parents debts are not their children's debts and vice-versa. If your parent owned a car and owed some debts the car wo…
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Answer Property that is titled JTWRS passes directly to the surviving owner(s) and is not subject to probate procedure nor creditor action upon the death of one of the owners.
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Number of Lawyers in the US According to the American Bar Association, there were 1,128,729 resident and active attorneys in the United States in 2006 and 1,143,358 in 2007. A small percentage of the increase (actual number 352) is due to American Somoa and Guam being added to the survey in 2007. Th…
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Answer While I am not exactly certain what you mean by "bartenders fees", presumably either - 1) Wage paid to a bartender where tips are expected on top - (hence sometimes allowed to be below minimum wage - like waitresses) - 2) Tips/gratuities 3) A flat fee paid to a bartender for serv…
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Answer Common form is when a will is admitted to probate based on the will itself, which the Surrogate Court acccepts on its face, because it lives up to all the formal requirements and is not challenged. Solemn form is when a will is admitted to probate after some scrutiny by the Surrogate,…
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For 2011, the federal estate tax exemption will be $5 million and the estate tax rate for estates valued over this amount will be 35%. The estate tax has also become unified with federal gift and generation-skipping transfer taxes such that in 2011 the lifetime gift tax exemption and generation-skip…
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There may be a reason you haven't disclosed why lawyers refused to help you. If you have a legitimate claim you should be able to go to your lawyer and sign a consent form so they can search for the money with the banks in the area. You could also check the probate records for your father, review th…
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In an intestate (without a will) estate the property passes to the decedent's heirs at law according to the laws of intestacy in any particular jurisdiction. See the website below for access to State Intestacy Laws in the US. Click on your state. Then you can read the text of your state law that go…
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Yes. That is typically accomplished by disinheriting that child in your Will.
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No. They are 2 entirely independent entities.
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By assignment. If it is a publicly traded company, you contact the company's transfer agent for the appropriate forms. If it is not publicly traded, a simple assignment will do. You should also notify the company secretary.
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When a person is arrested, the arresting police officer may conduct a legal search of the area immediately under the control or reach of that person for evidence in connection with the purposes of the warrant, to protect the police or other citizens from injury or attack, or to prevent the person fr…
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Yes. If the trust is not a true trust (i.e., the settlor, trustee and beneficiary are all the same person) or if the trust is revocable, the trustee can pursue the trust assets. If the debtor is the beneficiary of a living trust and can or has gotten a distribution of some of the trust assets, the…
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Most states require that all beneficiaries receive a copy of the will when the probate process is started. If not, the will is public record once it is probated. Contact the court where the estate is being administered and ask for a copy.
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yes you can
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Mary Ambrose did receive a small inheritance from The Estate of Robert Palmer. It was under $20,000.00. She did try to contest the will in French Courts on the grounds that the will was tampered with. The court did not have enough evidence to to proceed with the case and dismissed the case as "witho…
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You would have to check with the law enforcement agency of your local jurisdiction (which is not given in the question) to determine if its possession is legal in your state.
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NO, anything that is unsigned is not legally enforceable.
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Yes, at least in Florida. Even in the recorder's office, the recorder, who is also a notary public will witness the document and proceeds to notarize it himself. A power of attorney is a totally different case. Also, if the notary is notarizing the signatures of the winesses in any ddocument, he can…
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The attorney-in-fact should be given written notice that the POA has been revoked.
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Yes, except when selling real property. In selling real property all co- independent executors must execute the document.
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If you have a trust fund, you should be able to hire a lawyer, and I suggest you do. Even if the trust is not paying out at present, she may be able to collect on future payments. Especially if you have children in common. Answer/ClarificationAny financial obligations you owe your ex-wife, such as…
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It's both reasonable and customary for executors to receive some compensation for their services, particularly if they're not close family or friends of the deceased. Normally they wouldn't bill the beneficiary, they'd simply deduct their fees and expenses from the proceeds of the estate. Executor's…
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