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If the decedent owned any property at the time of death that property makes up her/his estate. If they had no will the property will be distributed as intestate property according to the laws of intestacy in the decedent's state. Some qualified person must petition the probate court to be appointed the administrator of the estate. Once they have been appointed they will have the power and authority to settle the decedent's estate under the supervision of the court. The decedent's debts must be paid before any property can be distributed to the heirs.
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∙ 14y ago
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If the decedant had no will and bought the estate before marriage is there still an estate?
You don't buy and estate. An estate is created after death. Yes, there is an estate and it will be distributed according to the laws of intestacy in the state or country in question.
Are checks made out to the estate of a deceased person reported to the decedant's estate?
It is a bit hard for anyone other than the estate to cash the checks, so yes, they are reported to the estate.
Do heirs also inherit the decedant's debts?
They do not, however, they cannot inherit anything until the estate has resolved all debts.
In the state of Arkansas when a person dies and leaves no will who is legal owner of the descedents firearms?
No one automatically has any rights to the decedant's property. If a person dies without a will they are said to have died "intestate." In that case the decedant's estate will be probated by the court and divided according to court order.
When does an executor of a will get paid by the estate if they have to pay outstanding bills left by decedant?
The executor should never pay the bills themselves. They should have the estate do it. Yes, with proper receipts, there should be no problem with getting the money back.
Is the surviving spouse liable to pay medical bills for a decedent with no estate or probate assets in South Carolina?
The estate is responsible for the decedant's debts. You should consult a probate attorney and open an estate to settle any debts and distribute assets, even if you don't think there are any assets, you might be surprised.
What is the difference between a living trust and an estate?
A living trust is set up for a specific purpose, with rules for what is to be done with the assets while the individual is living. They key to many is that it can also transfer the contents without going through probate. An estate is the property of a decedant that is going through probate.
How do you say Lane in Lakota Sioux?
what is my Lakota name;decedant of Lakota Sioux and proud of my heritage.
Can an administrator of estate be denied lease renewal option if their only right to tenancy is unexpired lease of decedant?
Under most circumstances, the demise of the tenant signals the end of the tenancy, even if he is in the middle of the lease. Death is an uncontrollable act and therefore cannot be regulated in the lease. Some states make exceptions to this rule if it specifies that if a tenant dies the landlord may be remedied under the law. If the administrator of an estate wants to occupy the premises he can do so under his own tenancy. The administrator of an estate cannot renew a lease for a decedent: the purpose of the administration is to settle the estate, so an administrator/executor cannot resume the tenancy of a dwelling as if the decedent were still alive. So the administrator of an estate would just be considered a new tenant if he wants to occupy the premises.
If a widower remarries is she still her dead husbands next of kin?
No, when someone remarries, their new spouse typically becomes their next of kin, superseding the previous spouse in legal matters. However, family dynamics and legal arrangements can vary, so it's important to consult with a legal professional for specific advice.
If dad dies and there is a stepmom who is executor is accounting of estate still required?
There is still a need for an estate. While the current spouse will typically inherit at least half the estate, the children may be entitled to a portion.
What happens with a life estate when the property is sold while the property owner is still alive. Is it automatically revoked?
Nothing happens to the life estate. The life estate remains as long as the person who holds it is still living. Any sale is based on the existence of the life estate. However, if the life estate has not vested, as in the life estate was to be left in a will and they haven't died yet, then the life estate is void.
