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NY dad died intestate leaving only his home and unpaid mortgage. We have a notorized quitclaim deed from dad to his children. Should we record the deed and who notifies his creditors of his death?
Wiki User
∙ 14y ago
You need legal advice from an attorney who specializes in probate in your area. You need to know if the deed is valid and legal in NY. In the past, unrecorded deeds were used as estate planning tools, to be recorded only after the death of the owner. Those deeds are not effective in every jurisdiction because laws have changed.
You should consult with an attorney who can review your situation, review the deed and determine if it will vest legal title after it's recorded. This scheme just sounds too easy in this new world of far reaching tax laws, complex estate planning and complicated trusts to avoid estates being vulnerable to creditors.
Generally, creditors are notified by the estate representative after an estate has been filed in probate. Generally, debts must be paid before any property can be distributed to the heirs. The mortgage lender will want to be paid off or will want the property to be refinanced in the names of the new owners.
You need professional legal advice.
Wiki User
∙ 14y ago
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Who inherits in an intestate Estate in Virginia?
It is set by law. Typically it will be the spouse, followed by the children.
What are the distribution of estate funds to a surviving spouse in Virginia?
Virginia Code:64.1-1. Course of descents generally.When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course:First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.That means the surviving spouse receives the estate unless the decedent had children that were not also children of the surviving spouse. If there are children from a previous marriage the surviving spouse receives one-third.
If the property and land are deeded to the father and there is no will what happens to this property and land of a father of thirteen children and living wife in VA?
It will be distributed according to intestacy laws of Virginia. If the wife is the mother of the children, she will inherit the property. If she is not the mother, the property is going to be split between her and the children. You need to consult a probate attorney in VA for exact details. 64.1-1. Course of descents generally. When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course: First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.
Are you required to leave children provisions in will?
If you do not include your minor children in the will, the court may hold the will invalid and allow the intestate laws to be applied. You don't have to have a will, or put anyone in it.
Our father died intestate our mother is deceased and father had one child from a prior marriage. How will his estate be distributed?
All your father's children are entitled to an equal share in his estate. You can check the laws of intestate distribution at the related question link provided below.
Does a grandson have a right to live in your mother intestate house?
In most cases, a grandson would not have an automatic right to live in their grandmother's intestate house. The distribution of assets in intestacy is typically determined by the laws of the state, which usually prioritize the deceased person's close relatives in a specific order such as children or spouses. If the grandson is not a direct descendant, he may not have a legal entitlement to the house.
In the state of Alabama what happens if i die intestate with three surviving children?
the surviving spouse receives an equal portion as each child.
In Florida if your husband dies what happens to your property?
If the deed is in JOINT ownership, the survivor gets it automatically. If there is a will, the property goes to whomever it is willed to. If there is no will, the laws of intestacy apply, giving the spouse a share and surviving children a share.
If person dies intestate can their property be left to one child discounting other children?
No, intestate property cannot be given to one heir because when a person dies intestate, or without leaving a will, his property is distributed according to the laws of intestacy in the state where he lived. The distribution can only be made by a court appointed Adminstrator. When there is no will, a decedent's property is owned automatically by all the heirs equally. The Administrator has no authority nor power to redistribute the property except by state laws of intestate distribution.
My Aunt died intestate and her next of kin is one live sibling had my mother been alive she would also have been next of kin as her sister are my brother and I enttitled to make a claim?
Generally yes, if your aunt died intestate with no living spouse, children or parents, you would be entitled to your deceased mother's intestate share of the estate. You should contact the attorney who is handling the estate.
If a single parent dies intestate do the children have to file probate?
If the parent is the sole owner of any property at the time of death their estate must be probated.
Can a grandchild whose mother predeceases his grandmother inherit from his grandmother who dies intestate?
Yes, it is entirely possible, depending on the number of children the grandmother had and who is living.
