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Can a child of a deceased claim the property from other children because that child lived with the deceased?
Wiki User
∙ 15y ago
There's some wiggle-room in estates, depending on whether the executor needs to file the will. For example, a living spouse may choose not to file the will with the probate court.
However, if the Executor must file the will, more rules apply. In most situations within families, the Executor allows children (minors and adult children) to remove the child's own possessions and a few keepsake type items, especially if the executor is aware that the deceased wanted a certain child to have something in particular.
BUT, the Executor is also responsible to the Court once a Will is filed for probate. The executor has the responsibility to "oversee" the contents and arrange for / take an inventory. Anything in the house, NOT owned by the children, should be listed in the inventory. The executor/executrix also 'advertises' for debtors/creditors to submit their bills or money due, and is responsible for listing each debt, who is owed, who was paid, and all monies due to the estate. The total of debts after being paid is subtracted from the total estate's "worth". Every cent / dollar must be listed in the accounting. From the balance, the executor/executrix I believe can take a small fee for doing the job; ask at the Clerk of Courts for the exact amount allowed.
After the sale of real property and personal property, then the remainder of the estate (in dollars/cents) is divided per the will's instructions.
If you are unsure whether you are mandated to file the Will, or unsure of how the estate's personal property is to be "divided" per the will and at what point it should be divided -- and how to calculate an "equal" division -- I urge you to consult an attorney. internet websites cannot give legal advice, nor do we know your State's laws.
Wiki User
∙ 12y ago
Wiki User
∙ 11y agoNo. When the owner dies their property passes by their Last Will or by the laws of intestacy if they had no Will. Their estate must be probated in order for legal title to pass to the legatees or heirs at law. You can check the laws of intestacy in your jurisdiction at the related question link.
No. When the owner dies their property passes by their Last Will or by the laws of intestacy if they had no Will. Their estate must be probated in order for legal title to pass to the legatees or heirs at law. You can check the laws of intestacy in your jurisdiction at the related question link.
No. When the owner dies their property passes by their Last Will or by the laws of intestacy if they had no Will. Their estate must be probated in order for legal title to pass to the legatees or heirs at law. You can check the laws of intestacy in your jurisdiction at the related question link.
No. When the owner dies their property passes by their Last Will or by the laws of intestacy if they had no Will. Their estate must be probated in order for legal title to pass to the legatees or heirs at law. You can check the laws of intestacy in your jurisdiction at the related question link.
Wiki User
∙ 11y agoNo. When the owner dies their property passes by their Last Will or by the laws of intestacy if they had no Will. Their estate must be probated in order for legal title to pass to the legatees or heirs at law. You can check the laws of intestacy in your jurisdiction at the related question link.
Wiki User
∙ 15y agoThe children would inherit equally under state laws of intestacy unless the parent had a will and devised all the property to the child who still lived with them at the time of their death.
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Property distribution of intesteste mother having 3 children but one died having 5 children?
The five children of the deceased child would inherit the deceased child's share of the mother's estate, unless the mother's will says other. For example, if the mother's estate is to be equally divided amongst her 3 children, then one-third of the mother's estate is split amongst the five grandchildren of the deceased child.
Your child has passed away will his children become heirs of your property?
If you die intestate (without a will) your property will be distributed according to the state laws of intestacy. You can check the laws in your state at the related question link below. If you have no spouse your property would pass to your children and the children of any deceased child in most states.
Who has the right of the inherited property from the deceased parent?
Usually the spouse. "Unlike a spouse, a child generally has no legally protected right to inherit a deceased parent's property. The law does protect children when an unintentional omission in a will occurs, however."
If not legally adopted is a child intitled to inheritence or is the wife?
If there is not will and the child is not the natural child of the deceased, and has not been adopted, they have no legal standing to inherit anything. If the child is the descendant of the wife and not the deceased, the child will get nothing directly, the wife will inherit. And if there were children of the deceased, but not the wife, those children may inherit some things.
How can the descendants of deceased children whom committed suicide be excluded from the inheritance if there is no will?
Generally, when a person dies intestate their property descends to their spouse and children. However, in certain states the surviving spouse inherits all the property. In the states where the surviving spouse AND children inherit, the children of any deceased child would take their parent's share. You can check the laws of your state at the related question link provided below.
Single parent has will leaving estate to two adult children One child dies before parent Will is not changed Does estate go solely to remaining child or does estate of deceased child receive half?
That all depends on the wording in the will.Generally, there are a couple of types of devise that are commonly used in wills. If the will provides that the property shall go to the siblings or to the survivor of them, the surviving sibling will take all. However, if the will says the property shall go to the siblings or the issue of a sibling who predeceased the testator then the deceased sibling's share will go to her children, if any.On the other hand, if the will is silent as to the distribution in the case of a deceased child of the testator then the deceased siblings share will pass as intestate property to the legal next of kin of the testator. In your case that will be the child of the deceased sibling.You should consult with an attorney who can review the situation and determine what the law is in your state. In most cases, an attorney should be handling the probate of the estate if there is property in the estate that was solely owned by the testator.
Your father died in 1953 his mother died your grandmother leaving her home to her heirs Would you be considered to be her heir on your fathers share of her home?
If your grandmother died and devised her home to her heirs then you may be entitled to inherit your father's share, whatever that may be, according to the intestate succession laws in your grandmother's state. If he had a spouse she may also receive a portion. If he had no spouse his children would share equally. However, the wording of your grandmother's will may direct who will inherit the share of a deceased child. Property may be devised to a person's children with the share of any deceased child to pass to his own sisters and brothers. Or, property may be devised to a person's children with the share of any deceased child to go to the deceased child's children (grandchildren). You need to check the wording of the will and you may need to check the laws in the state where your grandmother's will is probated.
Does North Carolina law require a parent of a deceased child to bequeath the child's children a portion of my estate I have one living child to leave my estate to?
No. You have the right to dispose of your property as you wish by your last Will and Testament . If there are heirs you wish to exclude you should state that intention clearly in your will by declaring that it is your intention to make no provisions for the children of your deceased son and then name them.If you die without a Will the state will distribute your estate for you. The share of any child who predeceased you will pass to their children. You should seek the advice of a probate attorney.
When a deceased child is made a beneficiary of an estate does the children of the deceased automatically receive the inheritance?
yes. unless the will state otherwise
Who is first in line for inheritance a deceased child's spouse or their children?
It depends on how the will was written.
If a married woman with three children dies intestate how would her property be distributed?
" If there is no will , the procedure used for transferring property the deceased propert to his/her heirs is called Intestate succession. In the state of California the rules for dividing property are complex and dependent upon the relationship of kin: separate property: if the decedent has no will and leaves a spouse and one child, property is divided equally, 50-50. if there is a surviving spouse and two children, 1/3 goes to the spouse and 2/3 to the children. if there is no surviving spouse, property is divided qually among the children."
Does the children of a deceased parent have to pay collection agencies that they owe before dividing the profit made from selling the deceased parent's house?
It depends on who the collection agency is attempting to collect from. If it is the estate, yes, they must be paid. If it is the child, not necessarily, but it could be garnished or a lien placed on the property.
