Yes, it IS fraud, and the estate should NOT pay the debt, instead the trustee should turn in the criminal to the credit card company and point out that the estate of the deceased is not responsible for any debt incured after the death date. This would be fraud. I am sorry for your loss, and all of the trouble that you and your family are going through now. God Bless:)
The estate of the second deceased can be sued. A claim should be filed against the estate immediately.
only if there is no beneficiary named on the policy, or if the beneficiary(ies) deceased before the insured.
It would be an assets of the estate. Any income from the suit would become a part of the estate.
It is an estate, but it isn't a legal entity until it has been registered with the court and an executor appointed.
Yes, they are part of the estate. The executor is responsible to get the assets appraised. Only then can the estate be settled and distributed.
If the life insurance has a named beneficiary then life insurance benefits are not subject to debtors claims. If there is no beneficiary or the "estate" of the deceased is the named beneficiary, then loan companies can come after the estate.
When a plaintiff (deceased) is suing out of their estate; The estate of a deceased plaintiff; Intestacy - leaving behind no will.
You open an estate. That is the purpose for the estate, to transfer property and resolve the debts of the deceased.
If the will cannot be found, then the state has a default will. In that case, the children of the deceased would inherit the estate, not the brothers of the deceased. Witnesses don't matter.
Bills are paid from the estate of the deceased.
Retirement Benefits after Death?NO. Retirement benefits cease once a person dies and therefore would not be part of an estate. When a person Dies, they are no longer considered "Retired", They are after death considered "Expired".Life insurance also is not part of an estate unless there is no named beneficiary. The proceeds of a life insurance policy belong to the beneficiary named on the policy, Not to the deceased nor to the deceased estate.
An Executor is charged with the responsibility of over seeing the settlement of the Estate of the deceased. Working with the Estate lawyer and the beneficiaries the Executor ensures the wishes of the Deceased are carried out and that the Estate is protected from any wrongful claims against it. This can involve compiling paperwork and asset lists, property holdings and chasing down other funds payable to the Estate. In some places the Executor carries a great deal of responsibility and is ultimately responsible for the successful closer of the Estate and settlement of any Provincial or State taxes owed by the deceased.