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Estates

Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.

6,325 Questions

What is a substitution of trustee and full reconveyance mean?

A substitution of trustee is a legal document that replaces an existing trustee with a new one, typically in the context of a trust or a deed of trust regarding real estate. A full reconveyance is the process by which a lender formally releases their interest in a property after the borrower has paid off their mortgage, effectively transferring full ownership back to the borrower. Together, these documents are important in real estate transactions as they clarify ownership and the responsibilities of trustees.

What are terms used in a trust?

Terms commonly used in a trust include "grantor" (the person who creates the trust), "trustee" (the individual or entity responsible for managing the trust), and "beneficiary" (the person or entity that receives the benefits from the trust). Other important terms include "trust corpus" (the assets held within the trust) and "trust agreement" (the legal document outlining the terms of the trust). Additionally, "revocable" and "irrevocable" refer to whether the trust can be altered or terminated by the grantor.

What rights does one have to personal possession of a deceased partner's possessions when there is no will?

When a person dies without a will, their possessions typically fall under the laws of intestate succession, which vary by jurisdiction. Generally, the deceased's assets are distributed to their closest relatives, such as spouses, children, or parents. A surviving partner may have a claim to certain possessions, especially if they were jointly owned or if there is evidence of shared ownership, but this can depend on local laws. It's advisable for the surviving partner to consult with a legal expert to understand their rights and any potential claims.

What happens when successor trustee dies?

When a successor trustee dies, the trust document typically outlines the procedure for appointing a new trustee. If no successor trustee is named or if the named successors are unable or unwilling to serve, a court may need to appoint a new trustee. It's important for beneficiaries to review the trust's provisions and consult legal counsel if necessary to ensure proper administration of the trust continues.

What is Kin Care Policy?

Kin Care Policy allows employees to use a portion of their sick leave to care for a family member who is ill or needs medical attention. This policy aims to support workers in balancing their job responsibilities with family caregiving needs. The specifics of the policy, including the amount of leave available and eligibility criteria, can vary by state or employer. Overall, it enhances workplace flexibility and promotes employee well-being.

What is a kiddie trust?

A kiddie trust, also known as a minor's trust, is a financial arrangement set up to manage assets for a child until they reach a specified age, typically 18 or 21. The trust allows a designated trustee to manage the assets on behalf of the beneficiary, ensuring that funds are used for the child's education, health, and general welfare. This type of trust can also provide tax benefits and protect the assets from creditors. It is commonly used by parents or grandparents to save and invest for a child's future.

Can a executor allow someone to stay in house?

Yes, an executor can allow someone to stay in a house that is part of the estate, but their authority is typically governed by the terms of the will and state laws. The executor must consider the best interests of the estate and its beneficiaries when making such decisions. If the person staying in the house has a legal right to do so, such as being a spouse or tenant, the executor may be more inclined to allow it. However, any arrangements should be documented to avoid disputes later on.

How can an irrevocable trust be closed?

An irrevocable trust can be closed by following the terms set forth in the trust document, which may specify conditions for termination. Typically, this involves distributing the trust's assets to the beneficiaries as outlined in the trust agreement. Additionally, all relevant tax filings must be completed, and any outstanding debts or obligations of the trust should be settled. It's advisable to consult with a legal professional to ensure compliance with all legal requirements during this process.

What is an unauthorised unit trust?

An unauthorized unit trust is a type of investment vehicle that has not been formally authorized or regulated by a financial authority, such as the Financial Conduct Authority (FCA) in the UK. These trusts typically do not adhere to the same regulatory standards as authorized unit trusts, which may expose investors to higher risks, including lack of transparency and inadequate investor protection. Consequently, investing in unauthorized unit trusts may lead to potential legal and financial repercussions for both the trust managers and the investors involved.

When does kin two come out?

"Kin 2" is set to be released on February 23, 2024. This sequel continues the story from the first film, and fans are eagerly anticipating its arrival. Make sure to check local listings for showtimes and availability.

How do you become a fiduciary?

To become a fiduciary, you typically need to meet specific legal and regulatory requirements, which may vary by jurisdiction and the type of fiduciary role. This often involves obtaining relevant licenses or certifications, such as becoming a registered investment advisor (RIA) or a certified financial planner (CFP). Additionally, fiduciaries must adhere to a fiduciary standard, meaning they must act in the best interests of their clients and disclose any potential conflicts of interest. Continuous education and staying updated on relevant laws and ethical standards are also essential in maintaining fiduciary status.

If you are not beneficiaries are you entitled to receive a copy of a Will?

Generally, if you are not a beneficiary, you do not have an automatic right to receive a copy of a Will. However, the laws regarding access to Wills can vary by jurisdiction. In many places, interested parties, which may include heirs or those with a legal interest in the estate, can request a copy. It's advisable to check local laws or consult with a legal professional for specific guidance.

Do hiers listed in the trust of the deceased automatically becomes tenants in common of deceased home?

No, heirs listed in a trust do not automatically become tenants in common of the deceased's home. The terms of the trust dictate how the property is to be managed and distributed, which may involve specific provisions regarding ownership. If the trust specifies that the property be held as tenants in common, then the heirs would share ownership; otherwise, the property would be distributed according to the trust's terms. It's essential to review the trust document for clarity on ownership arrangements.

Can a spouse be a grantor of an irrevocable trust when husband in beneficiary?

Yes, a spouse can be a grantor of an irrevocable trust while the husband is a beneficiary. In this arrangement, the grantor (spouse) creates the trust and transfers assets into it, designating the husband as a beneficiary. However, it's essential to consider the implications for taxes and control over the assets, as irrevocable trusts typically limit the grantor's ability to modify the trust once established. Consulting with a legal or financial advisor is advisable to navigate the complexities involved.

What to do with deceased person's mail?

When dealing with a deceased person's mail, first, gather all incoming correspondence and identify important documents, such as bills or legal notices. Forward any relevant mail to the executor or family member handling the estate. It's also advisable to contact the postal service to request a mail hold or forwarding service, and consider notifying senders of the death to stop future mail. Finally, sort through the remaining mail for items that may need to be disposed of securely to protect the deceased's personal information.

An estate value at 75000 is divided among 3 daughters Natasha Nataley and Nadia in ratio 582 respectively. calculate the amount each received?

To divide the estate of $75,000 among Natasha, Nataley, and Nadia in the ratio of 5:8:2, first calculate the total parts: 5 + 8 + 2 = 15 parts. Then, each part is worth $75,000 / 15 = $5,000. Therefore, Natasha receives 5 parts (5 x $5,000 = $25,000), Nataley receives 8 parts (8 x $5,000 = $40,000), and Nadia receives 2 parts (2 x $5,000 = $10,000).

What to do if executor of will does not provide benefiseries a copy of division of assets?

If the executor of a will does not provide beneficiaries with a copy of the division of assets, beneficiaries can first request the information directly from the executor. If the executor remains unresponsive, beneficiaries may consider sending a formal written request or notice, citing their rights to information under estate law. If issues persist, it may be necessary to consult an attorney who specializes in estate law to explore further legal actions, such as petitioning the probate court for the information.

Who is your next of kin if you are not married?

If you are not married, your next of kin typically includes your parents or siblings, in that order. If your parents are deceased, your next of kin would generally be your siblings. In the absence of siblings, it may extend to more distant relatives like grandparents or cousins, depending on the laws and regulations in your jurisdiction. It's important to note that legal definitions of next of kin can vary.

Who to inform a driver is deceased?

If a driver is deceased, the appropriate individuals to inform include the driver's family members or next of kin, as they need to be notified about the situation. Additionally, local law enforcement should be informed, as they may need to handle any legal aspects and investigations surrounding the incident. If the driver was employed, the employer or HR department should also be notified to manage any necessary procedures.

What is wording for pour-over trust?

A pour-over trust is an estate planning tool designed to transfer assets into a trust upon the death of the grantor. The typical wording includes a statement that any assets not already placed in the trust during the grantor's lifetime will "pour over" into the trust upon their death, ensuring that the trust governs the distribution of those assets. This often accompanies a will that explicitly refers to the trust and outlines its terms. Such language ensures that all assets are managed according to the trust's provisions, simplifying the distribution process.

Who is the trustee of an irrevokable trust?

The trustee of an irrevocable trust is the individual or institution appointed to manage the trust's assets and carry out the terms set forth in the trust document. This person or entity has a fiduciary duty to act in the best interests of the trust's beneficiaries, ensuring compliance with the trust's provisions and applicable laws. Unlike revocable trusts, the terms of an irrevocable trust cannot be altered or revoked by the grantor once established, which places significant responsibility on the trustee.

When is a trust considered funded?

A trust is considered funded when assets have been transferred into it, meaning legal ownership of the assets is formally changed to the trust. This can include various types of assets such as cash, real estate, stocks, or personal property. Proper funding is essential for the trust to operate as intended and to provide benefits to the beneficiaries. If a trust is not funded, it may not effectively carry out its purpose or provide the desired protections.

Who is the living heir to the Hapsburg dynasty?

The living heir to the Hapsburg dynasty is Karl von Habsburg, born in 1961. He is the son of Otto von Habsburg, the last head of the House of Habsburg, and has been involved in various political and cultural activities in Europe. While the Hapsburg monarchy was abolished in 1918, Karl represents the historical lineage and heritage of the dynasty.

Who gets the money in a will the heirs or the legattees?

In a will, heirs are typically those who inherit under the laws of intestacy or are designated to receive a portion of the estate, usually family members. Legatees, on the other hand, are individuals specifically named in the will to receive certain gifts or bequests. Therefore, both heirs and legatees can receive money or assets from an estate, but their roles and the sources of their inheritance differ.

How do you get maiden back after spouse dies?

To revert to your maiden name after the death of a spouse, you typically need to follow a legal process, which may vary by jurisdiction. This often involves filling out a name change application or petition, providing a copy of the death certificate, and potentially attending a court hearing. It’s advisable to check with your local government or a legal professional for specific requirements in your area. Additionally, update your identification and records once the name change is official.