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What else can I help you with?
Who pays the attorney when someone dies in Alaska?
The debts of the deceased are the responsibility of the estate. The estate would pay the cost of an attorney. If the estate has no assets, the attorney would require someone to pay them for their services.
What would the estate taxes be on a 250000 estate?
In the United States there probably would be no federal tax. The limit in the US is well above a million dollars. Most states do not tax anything under that amount either. Consult a tax attorney or probate attorney in your state.
Is profit from selling a home taxable?
It can be, but there are many extenuating circumstances. Is it your primary residence, how long did you own the property, is it an estate..... I would check with a tax attorney specializing in residential sales
The attorney-in-fact under a Power of Attorney is now the executor of the estate. Can they be required to provide an accounting for the time they served as AIF?
Yes, that person can be audited or made to account for what was done under the POA. The practical problem is that the executrix of the estate is the one normally exclusively entitled to demand an accounting from the former POA holder and it is not likely that she will provide an accounting unless ordered to do so. A beneficiary of the estate would have standing under those circumstances to file an action in court to get a court order directing the executrix to account for what she did under the POA. Most states have no automatic requirement for an accounting by a POA holder the way they might have automatic requirements for an executrix to account. This is why the beneficiary might have to go to court.
If the attorney in fact under a power of attorney for an estate dies does the power of attorney go to his wife or to the other living sibling?
No. In fact, you seem confused. An estate is not handled under a power of attorney. It will have an executor or administrator or some similar personal representative appointed by the court. Also, executors, administrators, etc. are not allowed to delegate their duties and obligations to others by a power of attorney. Courts generally favor appointing the surviving spouse as the fiduciary. If she declines then an adult child would be next in line, then siblings. Anyone can serve as an executor but the state laws define who can serve as an administrator in an intestate estate. If the person appointed by the court to handle an estate dies the court must appoint a successor.
What is the Power of attorney estate fee in Ontario?
There is a bit of a cross up in terminology here. A power of attorney expires on the death of the grantor or subject. An executor would get an estate fee.
How does one become a estate tax attorney?
"To become an Estate tax attorney, you would need to have a background in economics. Then you would need to take the state bar exam after law school, and know realty laws."
If a person wants to dissolve their life estate but has granted a Power of Attorney can the attorney-in-fact under the POA stop them from doing so?
Yes. You can execute a release of the life estate. That type of action would fall under selling or transferring an interest in real estate. The release should be recorded in the land records in order to clear the title to the real estate.
If an estate has been closed 42 years and it was discovered that property in the estate exists can that property be transferred to another entity?
If the estate was probated 42 years ago the title to the property would have passed to the heirs. An attorney will need to review the file and determine if the property passed under the will or as intestate property. The estates of any heirs who inherited an interest and died during the interim would need to be probated. An attorney should be able to determine what needs to be done so that you can convey good title. You should consult with an attorney who specializes in probate and real estate in your area.
Can a Power of Attorney be held liable for a principal's debts?
Under normal circumstances, no. An attorney-in-fact only acts on behalf of the principal and signs for the principal as the principal would act on their own and sign legal documents on their own. The attorney-in-fact has no personal responsibility for the debts of the principal.
Do I need an attorney for estate planning?
An attorney for estate planning is not mandatory, although, it would be a good idea to hire one due to them having knowledge of state rules. This information was gathered from about.com
Onbne piece of property is owned by two heirs and one wants to sell to the other how would this be worded on the sales contract?
You should consult an attorney who can review your needs and draft the contract and the deed. The attorney who is handling the estate can help you since an estate that has real property must be probated.You should consult an attorney who can review your needs and draft the contract and the deed. The attorney who is handling the estate can help you since an estate that has real property must be probated.You should consult an attorney who can review your needs and draft the contract and the deed. The attorney who is handling the estate can help you since an estate that has real property must be probated.You should consult an attorney who can review your needs and draft the contract and the deed. The attorney who is handling the estate can help you since an estate that has real property must be probated.
