0
Is property owned but not titled to the deceased still considered part of the estate?
Wiki User
∙ 11y agoWant this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
Is real estate part of residuary estate?
If the estate is governed my a legal document, i.e. a will or trust, and there is no specific language about the real estate then the real estate would be part of the residual estate. However, it also depends on how the real estate is titled at the recorder of deeds. If the real estate states that another party has the right of survivorship or is a joint owner other factors come into play. Before this question can answered to its fullest one must determine how the property is titled.
Can you put a lien against property that is not titled or deeded in that persons name?
You can file a court case if you have any evidence that the person transferred the property to avoid creditors. The court will issue an 'ex parte' lien against the property if you are successful.
When a co signer on a business loan dies is the estate responsible or is the other business owner liable for paying the loan?
It depends on how the business and the loan are titled. If the business is a partnership, the business may be responsible for paying the loan. If the borrowers signed as individuals the surviving signer may be able to make a claim against the estate. You should consult with an attorney who can review the loan and any business documents and explain your responsibilities and options.
What are the requirements for opening a halfway house in new york?
Please see the link below titled: "How To Open A Halfway House In The United States.
Sample letter for cooperation between two companies?
Joe Smith has requested permission to collect data from Frank Wane through a project entitled Games of the Future. I have been informed of the purposes for the data. I have been given the opportunity to ask questions of the developer. As a representative of Gamers of the Future, I am authorized to grant permission to share aspects of the above titled game. Frank Wane, the developer has granted permission. If you have any questions please feel free to contact me at 555-5555. Sincerely, Jane Enos.
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
Can you drive a car of a deceased person?
If the car is titled only to the deceased, then it is part of the estate. Depending on state law and the will instructions, the car may have to be parked until the estate is settled.
When there is a surviving spouse is the deceased spouse's estate subject to probate in the State of Florida?
Yes. There are some limitation based on the total value of the estate, but if real property is involved, you need the finalization of probate. * Florida allows married couples to hold real estate as Tenancy By The Entirety. When the property is titled TBE it passes directly to the surving spouse and is not subject to probate proceure or creditor attachment if the deceased spouse is the sole debtor.
Who receives your deceased father's share of your deceased grandmother's estate when he and his two siblings were left her house in the state of Pennsylvania?
It really depends upon the contents of a will and how the property is titled under the wording of the deed. Generally property held jointly passes directly to the other owners and is not subject to probate action. In a case such as noted, the deceased share of the property will likely be passed automatically to the surviving owners under the state's Joint Tenants With Right of Survivorship (JTWRS) laws.
I am the trustee and only living survivor of my deceased mother's estate. What forms do I use to transfer ownership of property in my name?
It depends on the type of asset and the manner in which it currently is titled. Probate is not a "form" practice. You really need an attorney.
Is the surviving spouse responsible for debt created solely in the name of a deceased when there are no assets to be sold by the estate because there were none in the deceased's name only?
Depends on the state you live in. If it is a community property state, all debts and assets are considered to belong to both spouses. If not, then only the person who signed the contractual agreement is responsible. However, jointly titled assets are not necessarily exempt from creditors. It depends on how they are held and what they are.
Does an adult dependent who is sole beneficiary of a sister's estate have any rights to keep the home they lived in if there are unsecured hospital debts.?
The estate of the deceased is responsible for hospital bills whether it's paid by the life insurance, medical insurance or other. Any remaining assets from the estate of the deceased can be given to the beneficiary... after taxes. * Whether or not the property may be subject to probate procedure or to creditor attachment for debt owed depends upon how the property is titled, the state probate succession laws and perhaps the state's homestead exemption.
Is an automobile considered property for probate court?
An Automobile is titled property. The probate court has to authorize the transfer of title.
Who would get your house in Minnesota if your husband of 13 months died and it is in his name?
When property is titled to only one person and the person dies, the property becomes part of the deceased estate. It then comes under the jurisdiction of probate court. The probate court takes charge of all the deceased assets and debts and distributes them in accordance with state law. If the person dies intestate (without a will) state default laws apply. Typically the spouse is the first on the list to inherit the estate, though if there are children by a different spouse, they are likely to get a share as well.
Is real estate part of residuary estate?
If the estate is governed my a legal document, i.e. a will or trust, and there is no specific language about the real estate then the real estate would be part of the residual estate. However, it also depends on how the real estate is titled at the recorder of deeds. If the real estate states that another party has the right of survivorship or is a joint owner other factors come into play. Before this question can answered to its fullest one must determine how the property is titled.
Your spouse died leaving credit card debt in his name only he left you property in another state can creditors attach the property?
Maybe. They would have to apply for a writ of judgment in the other state, perhaps initiate a new lawsuit. That would depend on any agreements concerning such issues between the states involved. The biggest factor is how the land is titled. If the property is titled in the surviving spouse's name only it is not subject to creditor action. If the property was included in the deceased's will, it may become part of the estate,in which case, ownership rights will be decided by the probate court.
What rights do you have as the only child of your father who was remarried and had no will but is deceased now?
You need to consult with an attorney who specializes in probate in your jurisdiction who can review your situation and explain your options. It may depend on how the real estate was titled. If the property was in your father's name then you may be entitled to a share. His estate must be probated. If there is no will that can be found then an administrator must be appointed by the court. You need legal advice from a professional who knows all the facts, can check on the title of the real estate and can apply the laws in your state.
