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An estate can refer to all the property a person owns both real and personal. However, the term is more commonly used to refer to all the property that a person owns at death, both real and personal. You have no rights to your parents' property while they are alive. You may not have any interest in it after their death if they have made a valid will devising their property to someone else. Children can be disinherited in many jurisdictions.
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∙ 14y ago
Typically, you do not have rights to your parent's estate before their death. Their estate, including assets and property, is usually distributed according to their will or the laws of intestacy after they pass away. It is important to consult with a legal professional for specific advice based on your circumstances and jurisdiction.
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What is the law of children over a second spouse when parent dies?
The law regarding children and a second spouse when a parent dies can vary depending on the jurisdiction and any existing legal arrangements such as wills or trusts. Generally, children may have rights to inherit from the deceased parent's estate, but this can be influenced by factors like state laws, existing legal documents, and the specific family situation. Consulting with a legal professional is advisable to understand the rights and obligations in a particular scenario.
Does one sibling is living with a parent that dies have that sibling more rights than other siblings not living with parent at the time of death?
In general, living arrangements typically do not affect the rights of siblings when a parent dies. The distribution of assets and inheritance is usually determined by the parent's will or state laws, regardless of where the siblings live. Each sibling is entitled to their fair share of the estate according to these established guidelines. Consulting with a probate lawyer can provide specific advice based on the individual circumstances.
What rights do children have when the parent dies in Louisiana but stills owes money?
In Louisiana, when a parent dies and still owes money, the child typically does not inherit the parent's debts unless they have co-signed a loan or are a joint account holder. The child's inheritance will be used to pay off the deceased parent's debts before any assets are distributed to the heirs. It's important to consult with an attorney or a financial advisor to understand the specific circumstances and legal implications.
What happens when trust states a parents home on one child's property will be left to that child after his sibling is given an amount of money but the first child sells the property before parent dies?
If the trust clearly states that the property will be left to one child, then the first child has the legal right to sell the property as the owner. It is important to review the trust documents and consult with a legal professional to determine if any provisions or conditions were violated by selling the property before the parent's passing.
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.
Can a parent take possession of property if an adult child dies intestate?
If they have no spouse and no issue. Otherwise the spouse has first rights to the estate.
If your parent dies which was remarried does the biological children have any rights over the step parent or step children in regards to his belongings?
It depends if there was a will or not. Step-children have no rights to the estate of a step-parent unless specifically named in the will. If there was no will, the estate is typically divided between the spouse and the children. Check the laws for your state or jurisdiction.
Does the executor of a will have rights to distribute the estate before the mom dies?
They certainly do not have the rights. The executor has no power while the testator is still living.
Are executors entitled to get paid before the parent dies?
The executor does not have any rights or responsibilities before the person dies. Being paid makes no sense and is not a legal right.
If a dependent parent dies are the children responsible for the tax debt?
If a dependent parent dies then the estate will be responsible for their tax debt. If you are over their estate then you would have to ensure that the government gets their taxes.
What rights do biological children have in the estate of a deceased parent?
Biological and legally adopted children generally have the same rights in their parent's estate if their parent dies intestate, or, without a will. Children do not inherit an interest in property that was held jointly with a surviving spouse. However, they may inherit an interest in property held solely by the decedent. You can check the laws of intestacy in your state in the related question below.
If a parent dies while house in foreclosure?
The executor of the estate represents the decedent.
If a parent dies before paying off their car does the next to kin have to do so?
The estate has to pay off the car or sell it and re-pay the loan.
When a parent dies are family responsible for their depts?
The parent's estate will be responsible. If there are not enough assets, the debts may not get paid.
Can a DNA test give a child the rights to inherit estate?
Not necessarily. It can establish parentage assuming the parent is still living or there are other means of DNA matching. Matching the parent can give the individual legal standing to contest a will or establish their rights in the case of intestacy. State's legislate probate laws and procedures concerning Wills and the distribution of a deceased estate who dies intestate.
Executrix of estate account dies and is only one who has signature rights What can be done to close account?
If the executor dies before the estate is settled then a successor must be appointed by the court. Another person must notify the court of the death and ask to be appointed.
Does one sibling living with a parent that dies have more rights than other siblings not living with parent at the time of death?
A parent may leave one child who has been of extraordinary help and comfort a greater share of their estate by will. However, if the parent dies intestate, as often happens, then the property will pass according to the laws of intestacy in your parent's state. You may check the laws for your state at the link below.
