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In a life estate a mother leaves her 3 sons a lot of real property one son dies before the mother and the other two sons can the heir of the son that died claim the property?
Fantasy74
A life estate is in laymans terms really just a freehold as it is not an estate of inheritance which arises by grant or loperation of law for the benefit of a person or people for the rest of their known life and since nineteen twenty five it can exist in freehold only in equity under a trust as a life interest so there is no real estate for an heir to claim his stake in.
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∙ 16y ago
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If your mother dies and leaves no estate are her children responsible for paying her creditors?
A decedent's estate is responsible for payment of the debts. If there is any property in the estate, the debts must be paid before any property can be distributed to the heirs. If there is no property the creditors are out of luck.
Mother leaves will to son but son dies does his spouse have any rights to property?
If the mother's will was probated and the son died AFTER his mother then the property is in the son's estate. His estate would need to be probated. The property would pass to his heirs under the terms of his will or according to the state laws of intestacy. Generally, a surviving spouse is entitled to a portion, if not all, of her husband's estate. You can check your state laws at the related question link below. If the son died before his mother, the property would pass according to his mother's will or the state laws of intestacy as his mother's intestate property.
Does a stepfather have rights to property if mother had a life estate?
No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.
Both husband and wife jointly own property His mother has Life Estate but leaves home who owns the property?
The H & W own the property in fee. However, the property is subject to the life estate of the mother. If they wish to sell or mortgage the property she would need to sign the deed or mortgage. If she no longer lives there then they should obtain a release from her for her life estate and the release should be recorded in the land records. Otherwise, only a death certificate will extinguish the life estate as a burden on the property.
In Pennsylvania mother transferred her property deed to her daughter with the mother listed as having a life estate. Mother passes away Does mother's estate owe any taxes on that property?
That may require a payment of taxes. The form of the life estate will also affect the tax situation.
Deeds and ownership is held jointly with mother and son upon death of mother does mother have an estate?
If mother and son own real property as joint tenants with the right of survivorship when mother dies the son will become the sole owner and the property will not become a part of the mother's estate.
Can you sell a real estate property titled in trustee after owner dies?
Can you sell a real estate property titled in trustee after mother and father dies
In her will a testator left a life estate to one son and named her other son as remainderman. What happens if the remainderman dies before the son who has the life estate?
Generally, if the mother's estate was duly probated, the property was owned in fee by the remainderman. It would pass to his estate subject to the life estate. However, you should consult with an attorney who specializes in probate and the law of real property in your jurisdiction who can review the situation and explain the status of the property.
How do you sign over property left by mother to one sibling?
If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.
What if myself and other siblings are heirs of mother's estates and one sibling try to take over?
Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.
Your mother died in Texas. Are you responsible for her credit card debt?
Your mother's estate is responsible for her debts. Her debts must be paid before any property can be distributed to her heirs. If she left property you should contact an attorney who specializes in probate to discuss your rights and obligations.
What happens if your brother defaults on a loan that your mother used property as collateral for?
Unless your brother and/or your mother borrows money to get current on the first loan, the lender will begin the foreclosure process on your mother's property (assuming you are referring to real property, a.k.a. real estate).
