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What is the Successor's legal obligation to an estate after last surviving Grantor dies?
The Successor's legal obligation to an estate after the last surviving Grantor dies is to administer the estate according to the terms outlined in the Grantor's estate planning documents, such as a will or trust. This may involve distributing assets to beneficiaries, settling any outstanding debts or taxes, and fulfilling any other instructions specified by the Grantor. The Successor is required to act in the best interests of the estate and its beneficiaries.
What are the estate laws in California concerning credit card debt?
In California, credit card debt does not automatically pass to a deceased person's heirs. The deceased person's estate is responsible for paying off any debts, including credit card debt. If the estate does not have enough assets to cover the debt, creditors typically cannot go after the deceased person's family members. It is advisable to consult with a legal professional for specific advice on handling credit card debt in an estate in California.
Can a landlord sue an estate after someone dies?
In most cases the debts of the deceased are the responsibility of the estate. If the landlord has a valid claim, they can bring suit to collect. Consult a probate attorney in your jurisdiction for help.
How do you establish an irrevocable trust with a life estate?
To establish an irrevocable trust with a life estate, you would need to work with an attorney familiar with estate planning. The attorney can draft the trust document and specify that the beneficiary will have a life estate in the trust property. This means that the beneficiary can use or receive income from the property during their lifetime, and once they pass away, the property will pass to the ultimate beneficiaries designated in the trust.
In Ky is the surviving child responsible for deceased parent medical bill?
No, in Kentucky, children are generally not responsible for a deceased parent's medical bills unless they have signed a separate agreement agreeing to be responsible for them. The estate of the deceased parent would typically be responsible for any outstanding medical bills.
The whole estate is in trust for the daughter of the deceased who is responsible for the credit card debts?
If the will provides that the estate shall be held in trust for a daughter that is called a testamentary trust. By law, the debts of the decedent will be paid first out of the assets of the estate. After the debts have been paid any remaining assets will then be transferred to the trust for the benefit of the daughter.
Must the debts of the deceased be paid out of insurance funds prior to the distribution?
If the insurance is made payable to the estate then the debts of the decedent must be paid before any distribution to heirs is made.
Can payable on death accounts beneficiary be a testamentary trust trustee?
Yes.Note that a payable on death account is paid over directly to its beneficiary and is not include in the probate estate.
Is the beneficiary of a life insurance policy responsible for funeral expenses of the deceased?
No. All monies of a deceased is gathered in to their estate, then all debts of the deceased are paid, then legacies are paid out. Policies payable to a person are payable to that person.
Is payable on death income taxable?
Well...payable after death. Your estate will resolve your business affairs (whatever they be) after your death, so debts and taxes (for the part of the year you were alive), etc are paid, before any heir can get anything. Then the estate ends...and your business obligations can rest in peace.
If there is a living trust upon death is the trust responsible for paying all the credit card debt?
No. Not unless the payment of debts was made a provision of the trust. Otherwise a decedent's estate is responsible for paying debts before any distribution can be made.
If life insurance is considered part of an estate is that money used for medical bills and debt?
Life insurance is not considered part of an estate and is not available to pay the decedent's bills and debts. Even if there is no money whatsoever to pay bills, the insurance is not part of the estate. The only exception would be if there were no existing named beneficiaries or if the policy is payable to the estate. But even there, keep in mind that it isn't the "insurance" money that is now available to pay the debts. It is "estate" money, because the proceeds were payable to the estate. The Federal government will include life insurance proceeds as part of the gross estate for federal estate tax purposes, but that does not mean they are actually part of the estate.
Who is responsible for expenses while a home is in probate?
The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.
Can a successor trustee distribute part of the trust funds before all debts are settled?
If you are referring to a testamentary trust the debts of the estate must be paid before the residuary can pass to the trust. You should consult an attorney. If you err you may be personally liable.
Is the beneficiary of an estate responsible for the deceased debts?
Debts are the responsibility of the estate. No will is necessary to open an estate. Before anything in the estate can be distributed, the debts have to be cleared.
Must a child pay a debt to a deceased mother through an estate in an irrevocable trust?
The estate is required to collect on all monies owed it. And to pay off any debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
Are children responsible for credit card balances of a deceased parent in Massachusetts There is a living trust. No mortgage.?
The Uniform Trust Code contains provisions relating to liability of a revocable trust for payment of the grantor's debts. The definition of revocable clarifies that revocable trusts include only trusts whose revocation is substantially within the grantor's control. The trust remains revocable until the grantor's death. Upon the death of the grantor the trust becomes irrevocable and not responsible for the payment of the grantor's debts. Any assets of the estate are not protected from debts, as the now irrevocable trust's are, and must be used to pay debts until the estate, not the trust, becomes insolvent.
