Should a surviving relative drive a deceased relative's car?
The title, registration and insurance should be transferred to the new owner. If not and you are involved in an accident you may encounter problems with the insurance coverage and in the worst case scenerio the insurance company may refuse to pay. That would leave you exposed to a lawsuit.
relatives should be kind and helping and they are
If the surviving spouse dies before he invokes his right of election can his executor act on his behalf?
Generally, yes. The right of election to the elective-share amount may be exercised by the surviving spouse or by the personal representative of a deceased surviving spouse or on behalf of a disabled surviving spouse. State laws vary so you should consult with an attorney in your state ASAP.
WikiAnswers has no way of knowing this -- I suggest you call around and find out which lawyer wrote the will. They should have a copy of it.
California is a community property state, the debts of the deceased should be included in the probate procedure. Usually in California the surviving spouse is responsible for all debts incurred during the marriage even though he or she was not the named account holder.
If a relative dies with no surviving spouse a will and a home and car that is worth less than the debt on it and credit card debt and no assets what steps should be taken?
If the home and car are worth less than the debt on them, presumably they will be repossessed because their former owner, now deceased, will no longer be making payments. If some relative would like to make a claim on either of these, he or she would have to discuss it with the bank that holds the debt. Other than that, from what you are saying there is effectively no estate, hence, no steps that… Read More
Yes if a taxpayer dies then H M Revenue & Customs should be informed. The deceased may be due a tax refund or may owe tax. HMRC will send the personal representative of the estate a form to settle the deceased's income tax affairs. This will also make sure that the tax office has closed their file and they will not send anything further to the deceased at their home which surviving relatives may find… Read More
In Florida what should the surviving spouse do about the credit card debt of a deceased spouse that was sent to collections if there was no estate?
If the account was joint then the surviving spouse is responsible for the debt. If the account was held solely by the deceased spouse the surviving spouse is NOT responsible for the debt and is not legally obligated to repay such nor to correspond with the creditor or collector. If the surviving spouse so chooses he or she may inform the collector that the account holder is deceased and also inform the collector that they… Read More
If they have tickets and accidents, then it should. If they are good drivers, then it shouldn't.
You should speak to a bank representative to determine if the bank will allow the check to be deposited in your joint account.
Inform the company of the death of the person. And you should direct them to the executor of the estate.
Are the surviving children responsible for paying off their own debt backed by the estate of the deceased?
The estate is responsible for paying off the bills of the deceased, first and foremost. Surviving children should not have access to the funds until the estate is settled. If the children are minors, the court will appoint a guardian and will usually advance living expenses to insure they aren't without money and a place to live.
While all of the relatives should comfort the mourners and participate as is appropriate, the actual laws of mourning apply only to the following: the siblings of the deceased, the children of the deceased, the spouse, and the parents of the deceased. Excluded are nieces and nephews, in-laws, grandchildren, aunts and uncles, etc.
The estate is responsible for all the debts of the deceased. The children are not required to pay them from their own funds.
You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse. Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage… Read More
Unless any of the relatives cosigned for any loans then the creditors are out of luck and have to cut their losses. If one mate dies (say the husband) leaving a widowed wife, then she is responsible for paying off the debts and vice-versa. Other than that children of the deceased ARE NOT responsible for the out-standing debts of their parents should they both be deceased. Marcy * In the U.S. a surviving spouse is… Read More
Grandmother left her house to our deceased parent and her two other children do we inherit the interest of our deceased parent?
Generally, yes. You and siblings would receive your deceased parent's share UNLESS your grandmother's will specified that if any of HER children were deceased then their share would go to THEIR surviving siblings. You should have received notice of the probate proceeding as heirs at law. Title to the house will not pass to the heirs until the estate has been probated. You should call the attorney who is handling the estate to ascertain what… Read More
You should probably talk to an attorney, but most likley, yes. *No, Florida is not a community property state, therefore the surviving spouse is not responsible for medical debts of a deceased spouse unless they signed a written agreement to do so.
The right would be to the immediate family of the deceased person. As you are not legally married to the deceased person, then you will have little or no right. However, the deceased persons family may be happy for you to arrange things, however, you should always check with the deceased's relatives first to save any upset at what is a very sensitive time for all.
Pass it to the Executor of the estate. It has to be paid, if there is enough money in the estate, before making any bequests.
What is the responsibilty of a surviving spouse regarding repayment of bank loan taken out by deceased spouse without her knowledge?
You should talk to a lawyer because laws are different, but in general the spouse shares liability for the loan.
In Florida if your spouse dies without a will and the home was not titled in both names will the surviving spouse become the sole owner of the property?
The property would pass according to the Florida laws of intestacy. If there is no surviving lineal descendant of the decedent (child or the children of any deceased child), the entire intestate would pass to the surviving spouse. You should seek advice from an attorney who specializes in probate law in Florida,
If your wife deceased while incarcerated and her stepfather insists on claiming her body how can you stop him?
If the couple were legally married at the time of death, and no stipulations made on the part of the deceased, the surviving spouse's wishes supersede those of other family members. The husband should notify those who have possession of the body of his legal rights as the surviving spouse to take charge of funeral arrangements. It is possible for other family members to contest the action, but they are unlikely to prevail unless there… Read More
Can the ex spouse that is the beneficiary of a Will be made to reimburse other relatives of the deceased for funeral expenses?
In most cases the debts of the deceased, including funeral expenses, are the responsibility of the estate. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. Consult a probate attorney in your jurisdiction for help.
In some countries, you should. In Sweden, the closest relatives to the deceased traditionally wear a white tie. That is, children, parents, husband, wife or siblings. Others traditionally wear black tie.
Only if that spouse signed an agreement with the providing agencies to do so. Pennsylvania is not a community property state and therefore debts (including medical costs) of one spouse is not automatically owed by the other. However, that may not prevent a creditor from attempting to collect from the surviving spouse. He or she should obtain legal counsel if that should happen to be assured their rights are protected.
If it was after the early 1940's, it was for being wounded or killed in combat. If the individual is deceased, you can contact the military for a copy of his service record. It should record the where and when of the award.
Eulogist. This should not be confused with the Principal Mourner- normally the closest living relative of the deceased- who follow the casket into the church. I discharged this office at my Mother"s funeral.
In Texas if a deceased spouse has named someone other than the surviving spouse does the surviving spouse have any claim under community property?
Property acquired during a marriage is subject to community property laws. A surviving spouse in Texas has other laws that may grant rights in the decedent's estate depending on whether there is a Will or not: Laws of Intestacy and a surviving spouse's Right of Election. You should seek the advice of an attorney who can review your situation and explain your options. https://brazoslawyers.com/widows-right-election-texas/
Note that, as with many U.S. States, a Texas-based will is not required to be filed with any local or State office. Regardless, as with most legal matters, the living relatives should seek the deceased's legal representative, who may know of a will duly recorded and on file with the local authorities. If the deceased had no attorney, it is possible that a will was placed on file by the deceased at his/her town hall… Read More
Generally, a surviving spouse is responsible for medical expenses in Wisconsin. However, you should consult with an attorney or an agency that assists elders (if you qualify) to confirm that you are responsible for all bills. If you don't have the resources to pay in full perhaps the hospital will negotiate a lower pay off amount.
Is a surviving spouse obligated to pay medical expenses incurred by the deceased spouse prior to death?
In general, yes. There may be specific circumstances where that doesn't hold so perhaps you should talk to a lawyer. If the deceased left an insurance policy or other resources, that should be applied. There should also be a Social Security payment that covers part of the hospital bill. * Not usually, the exceptions are, if the couple resided in a community property state or the surviving spouse signed documents agreeing to pay medical expenses… Read More
The deceases "estate" should take care of any medical bills that have gone unpaid. Also Medicare should be paying part of this if the deceased was age 65 or over. Whether or not the hospital can come after family members for this needs to be answered. Surviving family members are not responsible for medical costs of a deceased person unless they entered into a written contract with the care facility.
As long as the children are adults and there is no surviving spouse the children would qualify to probate the estate. If there was no will one must petition to be appointed the administrator of the estate. You should consult with an attorney who specializes in probate law in your area.
Where tenant in common dies can surviving tenant obtain court order to prohibit estate of deceased from equal access to house?
No,when a tenant in common dies the remaining tenant cannot stop equal access as the property remains equitable.No one person is entitled to exclusive title or use,both respective owners have full use of the whole in common with the other. Clarification: No. The heirs of the deceased now own her share of the use and the possession of the whole property. They are now the other owner. Answer Visit an attorney to resolve this as… Read More
Debts of a deceased person are addressed during probate procedure. All lenders are required to file a claim against the estate through the state's probate court. All US states have laws of succession (the manner in which an estate is distributed) with the surviving spouse and minor children being the first to be provided for. If the judgment is against the deceased spouse only and the married couple were not residents of a community property… Read More
Yup, sure are. But then my guess is that you urged him to look into the service therefore you should want to pay them anyway... It WILL go on your credit.... Set up a payment plan- most places will do $10 a month....
The property (including a car) of a deceased person is called the person's "estate". If the person has left a will then the person appointed in the will to "execute" the person's wishes (as set out in the will) is responsible for passing title of the car to the person it has been left to. If there is no will then the laws of your country/state will appoint someone to administer the estate and to… Read More
We are in possession of my deceased relative's personal property for the last 7 months and now another relative is trying to come here and take it What are our rights?
If the relative had a will their property must be distributed according to the provisions of the will. If there was no will the state laws of intestacy dictate who should receive the property as legal next of kin. You can check your state laws at the related question link below. In either case, the estate should be probated.
The first port of call should be to contact your other relatives, Grandparents, Aunts etc. Chances are they cared for you a lot when you were small and still will. You should go to a near relative. This very bad of your parents. They have legal responsibility, because you are not 18 yet.
The estate is responsible for the medical bills. And since the wife is likely to inherit the estate, it sort of seems like the same thing, but there is a subtle difference. You should consult a good probate attorney.
If the owner had a lean on the vehicle it can't legally be transferred from his name, so technically you should still be able (with rep papers of course) to collect the vehicle from the estate or a family member who may have it stored from his death. Be very courteous however because they may become violent as you will upset them in remembering their deceased relative.
When a parent dies without a will can the adult children take possession of the deceased parent's property and assets in New York?
Not necessarily. Depending upon the size of the estate, if the deceased owed debts and if any of the assets or property of the estate is subject to taxation, probate action may be required. The surviving family members should not transfer, sell, gift or in any manner despose of any property or assets belongin to the deceased until they have determined the status according to the probate laws of the state,
This is not legal advice and should not be considered as such. Laws vary considerably from state to state and country to country, so consult with an attorney (many attorneys offer free consultations) who is legally entitled to practice in your area. That said, generally: Usually not. Most auto loans require an attached life insurance policy. The life insurance policy attached to it should have paid the auto loan balance immediately and paid any remaing… Read More
What should we do to close our deceased mother's account that's a joint account with my brother and I?
If the account is a joint account with your mother, you and your brother, the surviving joint owners can close the account and share the balance. When the account was opened the three of you should have signed signature cards and all names should be listed as account owners. One or both of you should be able to simply make a withdrawal of the balance and close the account.
no, but she should be no, but she should be
You need to petition the court to be appointed the Administrator of the estate. If there are other heirs-at-law, debts, real property and other assets you should also consult with an attorney who specializes in probate law.
No. The criminal offense is between the accused and the state. The victims and/or their relatives have no standing how the case should be prosecuted and punished.
In most cases the debts of the deceased, including credit cards, are the responsibility of the estate. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. Consult a probate attorney in your jurisdiction for help.
so what if he's a friend of a brother or cousin whatever, your relative should be happy that you are dating some one that he knows and knows is a good person, if you're truly worried about it talk to your relative about their feelings about you dating/asking him out, but I'd general say just ask him out and don't worry about it, non-issue
Generally, the deceased parent's estate is responsible for the debts of the deceased. The creditors should be notified of the death. If there are any assets the estate should be probated.