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The proof is in the estate that was duly probated in the probate court. When a person dies owning real property their estate must be probated in order for legal title to pass to the heirs. The judgments filed in the probate court provide proof of title.
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Does a trust override a will?
A person's will is intended to direct the distribution of their property after their death. Sometimes a person's assets change during life. If a person transferred property to a trust during his life that property would not become part of his estate unless some provision in the trust directed that the property should pass to the estate. Therefore a trust would "override a will" if the property mentioned in the will had already been transferred to a trust during the life of the testator.
How do your get a car you own off of someones property if they wont let you on the property?
If you can prove it's yours (title, payment book, registration is in your name, etc) then the police or constable are often willing to go to the property with you to keep the peace, while you load up/start up your vehicle and leave. If that's not an option, but you can prove it's yours, then hire a repo man, (look for "Asset Recovery") or ask a beater car lot or small bank who they use for repo's. Expect to pay somewhere around $300 for the repo, and be prepared for some minor damage.
Did any slaves become free if their master died if not what happened to them?
Since slaves were considered to be property, their fate was determined by the will of their owner. Sometimes a slave owner would direct that some or all of his slaves would be freed after his death, although that was not the most usual kind of will. In most cases, slaves would be inherited, like all the other property of the deceased slave owner, by the designated heir, usually the children of the slave owner.
How do you define the tort of 'trespass to land'?
Trespass to land is a common law tort that is committed when an individual, or the object of an individual, intentionally enters the land of another without a lawful excuse. For such a tort to hold up in court, generally the plaintiff must prove that the said trespasser damaged property of some kind.
Can a felon inherit property in California?
In some cases a convicted felon who committed murder cannot inherit property in California. However, in most cases a felon can indeed inherit property.
What is the meaning of heir?
A person who inherits possessions is called an heir. The word heir is a noun. Some synonyms for heir are beneficiary, grantee, inheritor, and successor.
If your father-in-law leaves an inheritence to your husband are you intitled to some?
According to property laws, inheritence is considered separate property which is owned by the heir. A spouse is not entitled to inheritence.
If a Single person dies what happens to his mortgage?
The mortgage is still attached to the property. An heir can take over any interest in the property, as assigned by the probate court, but the heir will need to secure financing to cover the amount of money owed on the mortgage(s). If you're asking whether the mortgage goes away, no, the debt remains attached to the property until the debt is satisfied. Some banks offer "Credit Life" insurance which covers the mortgage, but it usually costs extra.
Is the heir always a male?
In ancient times some cultures wouldn't allow females to own property so the heir had to be a male. In modern cultures this is mostly not the case but, there are a few cultures that still cling to the old ways.
Can your car be towed off of private property if the registration sticker is not current?
Your private property, it can be done under some derelict vehicle laws in some towns. But there legality is difficult to prove or enforce. Find out the reason and fight back.Off some one Else's private property YES
What is an asset of a person?
An asset is some property or right having value owned by a person.
What are some sentences with the word heir?
Traditionally, when a king dies, the heir to his throne is his eldest son.
Can a person insure property that belongs to someone else?
No, in order to get an insurance policy on property you need to have an insurable interest. Meaning you need to own the property or have some other interest in the property.
How can you contest a will if you are the only heir?
If by "heir" you mean that you are the sole beneficiary under the will, then you cannot contest the will unless you suffer some sort of loss or financial harm by reason of the probate of the will. One type of loss to a sole beneficiary would be the appointment of a person as executor who is not qualified or would be detrimental to the estate. If the sole beneficiary believed that the named executor unduly influenced the testator into making him the executor then the will could be set aside either in whole or in part. Sometimes a will is made which is in all other respects in accord with a testator's wishes except for one aspect. It is theoretically possible (and has been done in New Jersey at least) to set aside just the appointment of the executor while leaving the rest of the will intact. Another instance of a sole beneficiary challenging the will is if the estate is given to the sole beneficiary in trust for several years with outright distribution not being made for a long time. The beneficiary's loss is the tying up of the trust funds for years together with the cost of the trustees commissions over the time the trust is in effect. In this situation, the trust would have no contingent or succeeding beneficiary otherwise, you would not be the sole heir under the will. A will with at trust without a contingent beneficiary is ripe for a will contest, because such a trust lacks such an important part, that it looks like a mistake that may be evidence of a lack of proper testamentary intent. This question presents an interesting opportunity to explain some technicalities of probate law. This is an exercise in semantics; however, in strict technical terms an heir is a person who inherits a decedent's property when there is no will. A beneficiary is a person who receives a decedent's property when there is a will. Sometimes beneficiaries are called "legatees" if the receive personal property and "devisees" if they receive real property. Most modern probate laws have abolished the distinction between legatees and devisees, so the difference in meaning is mainly historical now rather than legal. So, if a person is the only "heir", meaning the only person who would inherit in the absence of a will, and if the will gives all or part of the estate to other persons or entities, the heir can obviously challenge the will, because he has the appropriate financial interest to give him/her standing to sue. Generally, standing to sue exists only when a person is "aggrieved" by the probate of the will, meaning he or she suffers some sort of financial loss because of the will. The heir's loss is that he/she would have received more money but for the will. He has standing to sue, but he still has to prove his case.
In pa is the title company subject to a law suit if they clear property to be sold willed to you not knowing you're the true heir to the property the property was sold and you had to fight to get it b?
If the person the Will belongs too is still living, you have no say in the matter. It doesn't matter if that person isn't of sound mind as far as you are concerned. If the person has passed on it would have had to be recently because this is how it goes: After the person of the Will is deceased: They may name an Executor (male) or an Executrix (female) in their will and this person is responsible for paying off debts such as personal income tax, property taxes, credit card bills, loans, electric, water, sewer, etc. They must inform each company and each banking institution that indeed this person has passed away and they must have a copy of the death certificate as proof. After this is done then either a lawyer will probate (or, in some cases the Executor/Executrix) can save money by probating themselves if the Estate is small and not complex. Probate ensures that all personal/property taxes are paid, all debts are paid, and only then can the Estate be disbursted. If this person has passed away and you are an heir you should have been heired this propert and it's apparent either this person is still living or you were not an heir in the Will at all. Remember, elderly people can promise to leave you all sorts of things, but when they age they forget what they promise. This person could have long ago sold this property. I suggest that you seek legal council and if you don't have a copy of that Will your lawyer will get a copy. If ANYONE cleared off this property and it is legally yours, then they will either have to leave your land or you can get your due money out of the company. Something tells me this person is still living, or they didn't leave the property to you. Most companies have at least one lawyer to figure out if the title to the land is free and clear and I can't see any company spending money clearing land if they shouldn't be there in the first place. See that lawyer and be sure you are even in the Will. Good luck Marcy
What can you do for our elderly Momma who was coerced with threats into signing some of her property to her stepson after she came out of the hospital and now wants to try to get it back from him?
In most states she can get an attorney and take him to court and say that she signed under Duress. She will have to prove what threats he made and basically show the type of person he is. If she was under the influence of medication in the hospital and you can get her records that should prove she was not in the right state of mind.
Is it illegal to practice black magick?
No, it is not, simply because it is virtually impossible to prove that some disaster was caused by some person casting a spell.
