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If your mother and 4 siblings inherited property and she dies does her share go to her estate or to the 4 siblings?
Wiki User
∙ 16y ago
Sometimes a will might specify that someone must survive the decedent for a period of time (such 30 days) before the inheritance is distributed. Once you have actually inherited the money, it belongs to you and you can do with it as you please. If the money is actually held in trust, then the dispostion would be governed by the terms of the trust document. Another factor will be how the property is held by those that inherited it. If there is a right of survivorship clause, the estate would not get it, the siblings would get it. I am truly sorry to hear about your mother's death. A Will usually has an Executrix (female) or Executor (male) or possibly a Trustee. It is up to them to account for every cent of the total Estate which includes the house, contents, properties, stocks, bonds, monies in accounts, cars, boats, etc. This all must be Probated first and once the Probate is passed (takes from 6 months to a year) then after all creditors and lawyers have been paid and the Executor/Executrix/Trustee takes a percentage (anywhere from 1% - 5 %, but anything over 3% is usually questioned) then the total Estate is divided amongst the Heirs according to the instructions of the deceased (your mother)which is probably the four of you siblings. The house can be sold to anyone of the siblings should they chose to buy it and at market value, or the majority has to agree to sell it or not sell it. This also goes for property. Wills are meant to be followed to the letter so no matter what the Heirs think is fair the deceased has made up their Will to what they want and not what the Heirs feel should happen. Example: You mother chooses to leave more to one sibling than another; she could also leave the majority of her Estate to the Black Sheep of the family; a church or any other organization she has stipulated. In most cases all jewelry (unless specified in the Will) goes to the daughters along with China and linens. If there is a son in the family your mother may leave the son something of value or momento or make up the difference in cash if the others are girls in the family and receive more from expensive jewelry, china, etc.
Wiki User
∙ 16y ago
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My mother inherited land on which she pays the taxes does she own the property?
Your mother is not the legal owner of real property until the estate is probated. If there was a will then the will must be presented to probate court and an Executor must be appointed. If there was no will then an Administrator must be appointed. Legal title to real property cannot pass to the heirs until the deceased owner's estate has been duly probated.
Does a stepfather have rights to property if mother had a life estate?
No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.
Does the Residuary estate go to all siblings on the will or can it go on a verbal agreement with the mother and all siblings present that divides the property equally?
The residuary estate will be distributed according to the terms and conditions specified in the will. Any verbal agreement made among family members does not hold legal weight and will not override the instructions in the will. It is essential to follow the legal procedures outlined in the will to ensure the proper distribution of the estate.
What if myself and other siblings are heirs of mother's estates and one sibling try to take over?
Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.
In Pennsylvania mother transferred her property deed to her daughter with the mother listed as having a life estate. Mother passes away Does mother's estate owe any taxes on that property?
That may require a payment of taxes. The form of the life estate will also affect the tax situation.
You are an Heir to your fathers estate Its being sold by your step mother if she sells it does this mean some of the profits belong to you and your siblings?
Whether you have an interest in your father's real estate depends on how he and his wife held title to the property. You should direct your questions to the attorney who is handling the estate. If the estate is being probated your step mother is obligated to follow the provisions of the will or the state laws of intestacy to the letter.
My mother gave her husband a life estate in land that we inherited. Can we reverse that?
No. The life tenant would need to release his life estate in writing.
My sister and I inherited our mother's estate. Can our husbands claim a share of that inheritance?
It depends on where you live. In the United States a husband has no "control" over his wife's separate property. Even in a community property state any property acquired through inheritance will be considered separate property and will remain the sole property of the recipient. You should make certain not to commingle the inheritance with marital funds. Keep inherited cash or stock in a separate account- always. Also, keep in mind that if your spouse provides manual or financial assistance that enhances the value of your inherited property such as real estate, they may be entitled to a portion of the value in the case of a divorce. State laws vary. You should consult with the attorney handling the estate who can review your situation and explain your rights and options.
Deeds and ownership is held jointly with mother and son upon death of mother does mother have an estate?
If mother and son own real property as joint tenants with the right of survivorship when mother dies the son will become the sole owner and the property will not become a part of the mother's estate.
Can you sell a real estate property titled in trustee after owner dies?
Can you sell a real estate property titled in trustee after mother and father dies
Mother leaves will to son but son dies does his spouse have any rights to property?
If the mother's will was probated and the son died AFTER his mother then the property is in the son's estate. His estate would need to be probated. The property would pass to his heirs under the terms of his will or according to the state laws of intestacy. Generally, a surviving spouse is entitled to a portion, if not all, of her husband's estate. You can check your state laws at the related question link below. If the son died before his mother, the property would pass according to his mother's will or the state laws of intestacy as his mother's intestate property.
What if a person die without a will had no children has a living mother and siblings who does the property go to?
The exact distribution depends on the state you are in but when a person dies without a will and direct decendents the estate still goes through probate. Generally probate distributes the estate (after taxes) to the wife and children, the parents (of the deceased), the siblings, the nephew and nieces and then to more remote relatives such as cousins, etc. If there is no relatives to distribute to and no will then the estate goes to the state.
