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How do we get real estate out of our deceased grandmother's name when the executrix - her daughter - has become incapacitated and the executrix will is no where to be found.?
Wiki User
∙ 10y ago
Apply to the court for letters of authority. If the situation is properly documented, it should not be a problem.
Wiki User
∙ 10y ago
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Can the executrix put their name on the deed only if all 8 children are named in the will?
An executrix must carry out the wishes of the deceased. If any of the eight children were excluded by the deceased from inheriting a piece of property she cannot put his or her name on the deed for it.
Settlor created a life estate in her residence for her daughter. Settler is not deceased but incapacitated. Is the daughter responsible for maintenance and upkeep of property while living there.?
Yes, she must maintain the property at least to the extent it was when the life estate was granted, that includes regular maintenance, repairs, taxes, etc.
Is it possible for the executrix of an estate to file corrupt bankruptcy for that deceased individual?
An executor cannot file for bankruptcy in the name of the decedent.
Is it legal for executrix to decide who gets tangible personal property even though deceased left a specific letter of division?
The executrix is required to execute the will as written to the best possible extent. Any deviation has to be approved by the court.
Is it illegal for executrix being the deceased's spouse to dispose of their personal and financial records before the estate is settled?
The executrix has a responsibility to keep proper records, and in England and Wales would be liable for the rest of her life for her conduct of the estate. The short answer to your question is: no.
What is common procedure in a will if daughter passes before their mother and there is another living daughter Do the children of the deceased daughter get their mother's share?
Yes, unless the will of the deceased daughter specifies otherwise or the will of the parent includes a different mechanism or cuts of those who are pre-deceased.
Can my sister the executrix sale my deceased dad's home without sibling signatures?
The executor would have that authority. They don't need anyone else's permission.
When someone is deceased can their credit report be viewed online?
No. Credit reporting bureaus will not allow access to the report without an order from the probate court. Such an order is usually only granted to the named or appointed executor or executrix of the deceased's estate.
Does the legally appointed executrix of an estate owe anything to the children of the estate if the deceased stated she deliberately and name the children out of her will do you owe them anything?
The executrix owes nothing to anyone. The estate is distributed according to the will or the law. In some cases the law may make exceptions to the will, particularly if the children are minors.
If a child is alternate executrix of father's will and the step mom is the executrix does the child legally have the right to obtain copy of the will?
Absolutely! Many people have either 2 Executrixs (female) or perhaps an Exector (male) and Executrix. Executrix's aren't taken lightly and they are to follow the wishes of the deceased to the letter. This means paying off all bills and other debts, and then the Estate goes into Probate and they will be sure all person/property taxes are paid and all creditors are paid. Once this is done then what is left in the Estate will be disbursed to any Heirs that the deceased mentioned in the Will. The Executrix can also collect 1% - 3.5% out of the total assests of the Estate for carrying out this duty, but anything over 3.5% may go into court as it's on the high side. Usually family within family won't charge anything for being Executrix or if they feel they deserve it won't go over 2% of the total Estate. Marcy * The person will need to file a request with the probate court to obtain a copy of the will if the primary executor or executrix refuses to supply them a copy.
How long is the executrix responsible for the medical bills of the deceased motherin New Jersey?
The executrix is not personally responsible for the medical bills. The estate has to pay off the debts. As long as the estate can pay them, they have to receive and pay the bills. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
What are your rights to your deceased father's estate if the father left the estate to his second wife as executrix?
That will depend on what the will says. In most cases, the bulk of the of estate would be expected to go to the spouse.
