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Generally, no. A properly drafted trust removes the property from the decedent's estate and the property passes according to the terms of the trust. That is the primary reason for transferring property to a trust.
Trust law is one of the most complex areas of law. The surviving spouse should consult an attorney who specializes in trust and probate law who can review the situation and explain the options. However, actions to break a properly drafted trust can be extremely costly and rarely succeed.
What else can I help you with?
What does Az law state when one spouse dies without a will?
What happens if you die without a Will? How will your property in Massachusetts pass to your loved ones? It is often said that if you don't have an estate plan, the State has one for you. Here it is:1) If a person dies with a spouse, and with kindred (relatives) surviving them, (but no children), the spouse is entitled to the first $200,000 and half of the remaining real and personal property. If the personal property is not sufficient to provide the surviving spouse with $200,000, real estate owned by the deceased can be sold or mortgaged to provide for the surviving spouse.If the deceased leaves issue (children, and children, grandchildren, etc. of deceased children), the surviving spouse shall take one half of all real and personal property.If the deceased leaves no issue or kindred, the surviving spouse inherits all of the real and personal property.2) After the surviving spouse's share is distributed, or if there is no surviving spouse, the remaining property is distributed in equal shares to the decedent's issue, by right of representation. If all issue are of the same degree of kindred (i.e., all are grandchildren, or all are greatgrandchildren) they shall share equally.If the decedent leaves no issue, than to his or her mother and father, or the survivor of them.If the decedent leaves no issue and no parents, than the property goes to his or her brothers and sisters, of the issue of any deceased brothers and sisters.If the decedent dies with no issue, parents or siblings then the property is distributed to then to his next of kin in equal degree; but if there are two or more collateral kindred in equal degree claiming through different ancestors, those claiming through the nearest ancestor shall be preferred to those claiming through an ancestor more remote.3) If someone dies with no spouse or kindred, their property shall escheat to the Commonweatlh.Those without a Will may think that their spouse will inherit all of their property upon their death, but as you can see, it is possible that a spouse would only inherit half of the property held in the decedent's name alone, while also providing for distributions to rather distant relatives. Is this how you would want your Will to read?
Can you apply for grant of probate based on earlier Will if the deceased executed an irrevocable power of attorney?
An irrevocable POA is unusual. "For a power of attorney to be coupled with an interest, so as to be irrevocable, there must be a specific, present and coexisting interest in the subject of the power or agency. Whether such an interest exists in any particular case is to be determined from the entire agreement between the parties."Generally, a POA is extinguished upon the death of the principal. At that time the decedent's will should be submitted for probate and an executor must be appointed to settle the estate.Since an irrevocable POA is so unusual, and tailored to fit a particular set of circumstances, the document should be examined for any language that carries over any power after the death of the principal. You need to consult with an attorney who can review the documents and explain your rights and options.An irrevocable POA is unusual. "For a power of attorney to be coupled with an interest, so as to be irrevocable, there must be a specific, present and coexisting interest in the subject of the power or agency. Whether such an interest exists in any particular case is to be determined from the entire agreement between the parties."Generally, a POA is extinguished upon the death of the principal. At that time the decedent's will should be submitted for probate and an executor must be appointed to settle the estate.Since an irrevocable POA is so unusual, and tailored to fit a particular set of circumstances, the document should be examined for any language that carries over any power after the death of the principal. You need to consult with an attorney who can review the documents and explain your rights and options.An irrevocable POA is unusual. "For a power of attorney to be coupled with an interest, so as to be irrevocable, there must be a specific, present and coexisting interest in the subject of the power or agency. Whether such an interest exists in any particular case is to be determined from the entire agreement between the parties."Generally, a POA is extinguished upon the death of the principal. At that time the decedent's will should be submitted for probate and an executor must be appointed to settle the estate.Since an irrevocable POA is so unusual, and tailored to fit a particular set of circumstances, the document should be examined for any language that carries over any power after the death of the principal. You need to consult with an attorney who can review the documents and explain your rights and options.An irrevocable POA is unusual. "For a power of attorney to be coupled with an interest, so as to be irrevocable, there must be a specific, present and coexisting interest in the subject of the power or agency. Whether such an interest exists in any particular case is to be determined from the entire agreement between the parties."Generally, a POA is extinguished upon the death of the principal. At that time the decedent's will should be submitted for probate and an executor must be appointed to settle the estate.Since an irrevocable POA is so unusual, and tailored to fit a particular set of circumstances, the document should be examined for any language that carries over any power after the death of the principal. You need to consult with an attorney who can review the documents and explain your rights and options.
What rights do the children of a deceased parent have when it comes to property if the parent did not have a will and was remarried but was sole owner of real estate prior to marriage?
State probate laws determine intestate succession. It would be in the best interest of surviving family members to obtain legal advice or representation to protect any claims they may have in connection with the deceased's estate. Most states have a vested interest in protecting minors. As such, most of the intestate succession laws for this sort of situation have a very specific rule. If the parent has remarried, the property will be divided in half. One half will go to the new wife and the other half will be divided between the children of the previous marriage(s).
According to NY law if one spouse dies and the property was in both names who becomes sole owner of property?
That depends on how the title was described in the acquisition deed. If the couple acquired as joint tenants with the right of survivorship or as tenants by the entirety the surviving spouse will automatically become the sole owner of the property.
What happens when a married man dies without a will in Oregon?
Oregon law is very strict on what will happen to the items left behind by a married man. If the man does not have a will, the town judge will seize control of all family assets and see that they are used to the benefit of both the family and the community. Typically, the eldest son will act as the liaison between the judge and the family unit. If the married man either has no son or children, the brother of the married man will act as the liaison. If no male on the husband's side can be found, the judge will appoint a respectable man from the community to act as the head of the family and take control of the family assets.
What is the difference between credit shelter trust and irrevocable trust?
What is the difference between credit shelter trust and irrevocable trust?
What is the law in the state of Ohio with reference to a surviving spouse receiving the estate when there is no will?
It will depend on whether there are children or not. In most cases the estate is split between any children of the deceased and the spouse.
Where is the form for the irrevocable trust Is the living trust the same as an irrevocable trust?
The biggest difference between the trusts is that the Living Trust is revocable and can be changed over time. For detailed information visit: http://www.ultratrust.com/revocable-trusts-vs-irrevocable-trusts.html
When a parent dies without making a will is money divided between children or does it go to eldest child or son?
Assuming there is no other surviving parent, it will be divided among the children and issue of any predeceased children. The eldest son does not inherit to the exclusion of the other children.
What is the difference between an irrevocable trust and a living trust?
Provisions of a living trust remain valid as long as you stay alive, but the benefactors of your estate are not bound by these provisions once you have died. An irrevocable trust binds the benefactors of your estate to the trust's provisions.
Are all Charles Babbage's children still alive?
No, all of Charles Babbage's children have passed away. Babbage had seven children, and they were born between 1814 and 1839. The last surviving child, his daughter Ada Lovelace (often regarded as the first computer programmer), died in 1852.
What is a typical attorney fee for the drawing of an irrevocable trust?
The attorney's fee for the drawing of an irrevocable trust will depend on how complicated the situation is. Fees also vary greatly by location; the cost in New York City is far more than having the same thing done in Kalispell, Montana. For most situations, a reasonable fee for an irrevocable trust is somewhere between $400 and $1,200 dollars.
What is irrevocable revolving nontransferable documentary letter of credit?
it's a business transaction done between 02 parties and a bank holding credit
What is the difference between surviving high school app and its free version for ipod?
The free one has ads in it because the price is covered by sponsors and the 0.99 cent one has no ads. :)
Can an irrevocable trust be converted to a revocable trust after grantor is deceased?
Revoking a trust means it goes back to the grantor. Who is, in your example, deceased.I trust (no pun intended ... well, maybe a little bit) you see the problem here.Essentially, the distinction between a revocable and irrevocable trust vanishes when the grantor dies.
What are Texas laws regarding intestacy?
Texas law can get very specific as to who has an interest in the intestate estate. Generally speaking, Texas is a community property state and therefore distinguishes between community property and separate property. There are different rules for each type of property. All of the community property belongs to the surviving spouse unless there are heirs that are not related to the surviving spouse. If this is the case, then the spouse will receive one half of the estate while the heirs will have the other half to divide among themselves. If there are no surviving children or heirs then the surviving spouse will inherit the separate property as well.The General order for distribution is:(1)spouse(2)children(3)parents(4)brothers and sisters
What is the surviving spouse entitled to of the deceased estate?
It depends on if your spouse had a Will. You could get everything, you could get nothing. In my grandmother's Will she left her house to me where if there was no Will the house would have been sold and the money would have been split between her 5 children. In this case there was no spouse. Usually if there is no Will it all stays with the spouse. From there it goes to children.
