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Your brother and you were left life rights on mome of mother but will did not name any beneficiary after that what happens to property when your brother and you die?
Wiki User
∙ 15y ago
If the will only gave life estates to two children, then upon the deaths of those children, the home would go to the persons who receive your mother's residuary estate under the will.
Wiki User
∙ 15y ago
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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).
If brother is executor does he need his brother's signature to sell his dead mother's property?
No
Can your dead brother's child legally challenge your mother's will of which you are sole beneficiary?
I don't think so. Because what your mother wrote is final. You can't change the will after the person dies, I think.
Who is executor of personal property when mother dies and is divorced?
Whomever files to be the executor. The estate can be opened by any heir or beneficiary, or even a debtor.
A friend left something in a will to your mother but your mother has died who does it go to?
There are several possibilities. The gift may have been intended for your mother only and not to be passed on to her heirs. Alternatively, the friend's will may name you as your mother's successor beneficiary . However, many wills fail to address the possibility that the named beneficiary may die before the testator. If no successor beneficiary was named then the legacy would lapse and fall into the residuary of the estate. If there is no residuary clause in the will then the legacy will pass as intestate property.
Is life insurance considered inherited property that a credit card company can claim after the death of a mother for unpaid credit card debt?
Depends upon the State of your mother's residence, and the beneficiary of her insurance policy. If the beneficiary was her estate, they might be able to recover the debt; if an individual was the beneficiary, unless that person was a cosignor of the debt, it is not likely they have any recourse. Have you checked to see if your mother's account had debt cancellation coverage? Best of luck. Rjbeeg
What happens if your mother dies and she owns the mortgage on your brother's house but your brother is the only one on the deed?
Chances are that you mother owned the property, borrowed against it and then deeded it to your brother. Your brother took title subject to the mortage. The best thing to do is to encourage your brother to refinance and get a loan in his name. The existing loan might have a clause that accelerates payment in case of the death of the borrower. It is unclear if the lender would be willing ot continue accepting the payments, but your brother will lose the house in foreclosure if he doesn't make the payments.A Different PerspectiveYou stated that your mother owned the mortgage. That sounds like your brother purchased a home and your mother loaned him the money. That means your brother owes a debt to her estate. If she had a will her property, including the mortgage, will pass according to the provisions in the will. If she died intestate, without a will, her property, including the mortgage, will pass to her heirs at law according to the state laws of intestacy. Your brother owes the balance of the mortgage to his mother's heirs and that may include himself. You can check the laws of intestacy for your state at the related question link provided below. You can add more details on the discussion page.
Your husband has deceased and his insurance policy has his deceased mother and brother on the policy How can you get the policy to pay for his funeral?
If the brother was secondary or "contingent" beneficiary and listed as 100% then all the money will go to him, so he would have to help arrange it. If he is a partial beneficiary then he will still get his percentage, but the mothers percentage will go to her estate, or whoever inherited her estate. If this creates a problem, as his wife you might have a chance to go to court and replace the mother as the beneficiary, especially if there was a will stating that he wanted everything to go to you. But this just depends on the state laws usually. But most likely you will have to go through the brother as you have no legal rights to the money since you where not listed on the contract.
Your mother passed away and did not leave a will She left a house but one brother moved in There is another brother What do you do?
You need to probate your mother's estate for title to the real estate to pass to her heirs. Until the estate is probated there is no living legal owner of the property. It is owned by your mother's estate. After payment of her debts, her property will be distributed according to the laws of intestacy of your state. If your mother left two sons and no spouse, title to the property will pass to her sons who will share her property equally. At that time, the brother who is living in the house could buy his brother's share in the property. If one brother wants to sell and the other doesn't, the first could bring a Petition to Partition in the local court of equity. The court would arrange to sell the property and after all the legal costs and expenses are deducted the proceeds from the sale would be divided equally between the brothers.
If mother-in-law is beneficiary on single grownup grandson life insurance policy does the mother of the son have any rights?
Answering "If mother in law is beneficiary on single grownup son life insurance policy does the mother have any rights?"
What happens if the beneficiary of a life insurance policy has passed away leaving no will?
My uncle was beneficiary on his mother's policy and has since passed away leaving no named beneficiary, so do the proceeds get distributed pursuant to the will? Yes Otherwise, check the rules for your state on "intestate" sucession. This situation is why it's a good idea to name a secondary beneficiary. If the primary passes away, the next in line gets the payout.
Sister died leaving proeprty to her momBefore probate was completed Mom died Can personal rep deed property to himself under mom's will who gives all to son?
No, but I am making 2 assumptions. I take it that the sister's executor is the mother's beneficiary. I also assume that the mother survived any survivability period that might have been imposed by the will or statute. That being so, the property has vested in the mother, meaning it has become her property now. The only person who can transfer the deceased mother's property is the mother's executor. The correct procedure is for the sister's executor to make an executor's deed to the mother. Then the mother's executor will make a deed to the son. The fact that the mother died before the sister's executor made the deed to his mother does not deprive the mother of the property. The only way the property would not become the mother's is if the will required her to survive the sister by a certain period of time (as many wills do) and she failed to do so. But what happens then creates another problem which I won't go into here. Lastly, as always in probate matters you must check the laws of the state the probate is in.
