No, but any properties or such things as cars, boats, etc., will be sold and creditors are paid off. These were your father's debts and unless your mother is living then that's the end of it. If you mother is living then she is responsible for the debts and will have to appear in court. You are not responsible unless you have signed as cosigner for a loan or any properties or articles such as a car, motorhome, etc., are in both your names. * In the US a deceased person cannot be sued. The creditor must make a claim against the estate. Debts are paid according to their priority and to the extent of non exempt assets belonging to the debtor. Only surviving spouse's who lived in a community property state at the time of the death of the other spouse are sometimes not always, responsible for debts incurred solely by the deceased. Respond to the law firm filing the suit with the case and docket numbers of the probate filing.
An heir is someone that inherits from an estate due to being a descendant or relative of the deceased.
You should speak with an attorney who specializes in probate law in your state. If the estate is being probated then speak with the attorney who is handling the state. See the information in the related question link provided below.
Your birth certificate.
In this state you can not simply get a registration for your deceased father's car! It is not that simple. If your father owned the car outright, it is first necessary to fill out paperwork to have the title transferred. In this state that is done through the Department of Motor Vehicles. One procedure is followed if the estate is being probated, a different procedure is followed if the estate is not being probated, that is if basically all he owned was the car and the clothes on his back. Each state has its own rules.
the process is ...giving them some space
Not nearly enough information is given. If the "estate" being referred to is the 'estate' of a deceased parent(s) the siblings have only as much authority over the estate as the will of the deceased allows them. They each inherit individually what the will gives them, and if they inherit anything jointly, they cannot do anything with their joint-inheritance without BOTH being in agreement. It sounds like the questioner needs the advice of an attorney.
You must file a claim against the estate of the deceased with the Probate Court of the county in which the will is being probated. This procedure may vary from state-to-state and you may find it necxessary to file a lien against their real estate and/or personal proerty to bring the fact that you are a creditor to the attention of either the Executor of the estate or Probate Court
Being born out of wedlock does not bar a child from inheriting from his deceased father. However, if the father left the child out of the will then that child might not be able to inherit anything without contesting the will in court.
in the sentence "joe is exhausted" exhausted is a pronoun, describes "joe" the noun in the sentence "joe exhausted all of his options" exhausted is a verb, describing what the noun is doing or has done depends on how the word is being used
Legitimacy is not a requirement. Proof of being the descendant of the deceased is required. This is a case were consulting with a probate attorney in South Carolina would be a good idea. Most will probably talk with you about it for no charge.
Yes, the property will stay in the estate to be distributed according to the will. Her part will be treated as not being there and the remainderman will get it.
A judgment creditor may still execute the writ against property that is encumbered by lien(s). However, the existing liens take precedence when it relates to payment of such debt. That being the case it is unlikely that a judgment creditor would take such action. In a case where the property in question is part of the estate of the deceased, the probate laws of the state in which the deceased resided apply. Real property becomes part of the deceased estate and creditors must file a claim with the probate court seeking payment from the estate itself.
In your case, no, the proceeds will not be included in the estate of the decedent. Since you were the named beneficiary the proceeds pass directly to you. Of course, upon your death they will be included in your estate. Whether or not a judgment against your husband will allow the other party to go after your assets is obviously a more complicated question. But the life insurance is not part of his estate.
My father passed away this year without a will but made his brother the gaurdian of his estate. am i entitled to everything he owns?
No. That is contra bonos mores and against public policy, to give deceased estate to strangers like girlfriend while testator is legally married and has children with his legal wife. His guilty of engaging in extramural affairs. Being married in community of property deceased cannot disinherit his wife and children.
That would be a notice to your brother that he has been named as a beneficiary of an estate.
The deceased mother returns from the dead due to the curse of being buried beyond the pet cemetery, and kills the father.
A joint bank account or more likely a portion of such might become part of the deceased estate depending upon how the account is held. Most accounts held jointly by family members are done so under the law of rights of survivorship and therefore revert to the living account holder(s) upon the death of the another. In any case, just being a joint account holder does not make the person responsible for the repayment of debt incurred by the deceased.
I hardly think the quote "share and share alike" is stated in a Will drawn up by a lawyer. Since your brother predeceased your mother and providing no one else is listed as Heir in the Estate and there is just you, then you would get the whole Estate (*only if you are in the Will.) If there are outsiders that are also involved in the Estate originally left to your deceased brother which was forwarded onto your mother, then you would get that 1/8th share. Usually the lawyer will read out the Will to those involved (if this hasn't happened then please contact your mother's lawyer) and he will explain what is in the Will. There could be other provisions in this Will and some of your mother's Estate could go to other siblings, relatives or even a church, etc. People are under the misunderstanding that when a parent is deceased they will automatically get the whole of the Estate, but, in some cases, the deceased can leave the entire Estate to a church, cancer fund, ASPCA, and so on. A Will is the explicit instructions of the deceased as their final say to what is being done with the properties and monies they leave behind. Many families are split apart because they don't care for the choice the deceased has made and often feel they were unfair about it all. Basically, the deceased still has the last word, and thus, that's why there are Wills drawn up. Marcy
Same as if he was not in jail or being deported. If they are not together, the children go to her family or foster care.
Bauxite from which aluminum is extracted is the most abundant mineral on earth. The chances of aluminum being exhausted are extremely rare to none.
The executor must file both an inventory of the estate assets at the beginning of the probate procedure and a final account at the end. You can visit the court and review the file at any time.
It depends entirely on if there was a Will and what the Will provides. It may have a clause that the beneficiaries have to survive the deceased by a certain period of time. Otherwise, their share goes into their own estate. It may very well be that the other heirs are going to be beneficiaries of that estate as well.
The estate is responsible to pay outstanding debt before being distributed to the heirs.
You should report the matter to Social Security Administration.