If by indigent you mean completely without assets, then no, an estate is not necessary. An estate is necessary if a decedent has assets that are to be transferred to another person, whether by will or intestacy. In fact, since a decedent's "estate" consist of his/her assets nd if there are no assets, there is no "estate."
No they are not personally responsible for the debt in California, or any state. One of the primary reasons to open an estate is to resolve such debts. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
Generally, the daughter would own the fee in the property subject to the mother's life estate. So the answer is yes, the property would be part of the daughter's estate.
In Ohio the estate will be responsible for the medical bills of the deceased. Only after they are resolved can the estate be closed and any remainder distributed.
No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.No. The parent must seek appointment as representative of the estate through the probate court.
The estate is responsible for the debts of the decedent. The executor is not personally liable. If it is necessary to bring suit the executor's name will be recited as the respondent as the executor of the estate and not as an individual.
Medicaid is intended to cover all medically necessary services for indigent persons, so no supplemental insurance should be necessary. For Medicare, supplemental insurance will be necessary.
Usually not, unless they were listed on the original loan papers or they were part-owners of a family owned business or corporation. However, the estate the children might inherit would be subject to the debts of the parents.
In that sentence, indigent is a noun.
The parent's estate is responsible for their debts. If there is no estate the creditors are out of luck. However, if the parent left any assets, the estate must be probated in order to give creditors an opportunity to file a claim.
The executor of the estate is able to sell assets of the estate.
No
You mean a contract to sell a property in which the parent has a life estate? No. If the children want to sell their future interest in the property, it is separate from the rights of the parent with a life estate. Similarly, the children do not need to be asked if the the parent wants to sell (or mortgage) his or her life estate to someone else. On the other hand, if the buyers want clear title, with no life estate, then you have a different problem: terminating the life estate, by merging it with the future estate, and what's in it for you?