What are an heirs rights to information about closing of an estate?
How long can mineral rights go without being probated in ND They were in a estate in which the lady died in 1989 and never has been probated?
If the estate was not probated then the rights have not passed legally to the heirs. The estate must be probated. Until that has been done the heirs cannot exercise their mineral rights.
Can mineral rights from estate be passed on to heirs through probate immediately following the demise of the owner?
In the United States Mineral rights are attached to and run with the real estate. Although equitable title to real property passes to heirs immediately upon death, generally, the estate must be probated in order for legal title to pass to the heirs. That means the heirs cannot legally sign a deed or contract to sell or lease mineral rights until the estate has been probated.
Does the administrator of an estate have to pay the heirs their money all at once or can he pay the heirs annually?
The administrator must close out the estate and distribute the remaining assets to the beneficiaries. If there are testamentary reasons to delay the distribution, such as valuation issues, waiting on liquidation of assets, finding heirs or resolving liabilities, distributions can be made prior to the ending of the estate. But their must be a reason to delay closing the estate.
Are heirs entitled to mineral rights if no probate was done in an estate or is there some sort of notice they must file to retain mineral rights that were retained by their now deceased parents?
This question has to vague to answer appropriately, I need more details. The state the property is situated in is relevant as well. The mineral rights would generally be held in the deceased estate. The heirs are entitled to their ownership and depending on the situation, this can be down without probate. You can ask me more specifically at louisianaenergy.ning.com if you need more information.
What information should be included in a letter from the estate executor to the heirs or beneficiaries of an estate?
Only you know what you want them to know.
Do the contents of a house have to go through probate if the house was left to you in a Life Estate Deed?
You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated. You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there… Read More
The children are natural heirs to their father's estate. If there is a new spouse, the spouse has priority.
Step-children have no rights to an estate unless they were legally adopted or unless the decedent left a will naming them as beneficiaries.
The estate deeds it to the heir. If the other heirs have rights in the property, they need to be paid for their share of the property, either by compensation from the estate (if the total estate is worth 5 times the value of the property) or the person getting the deed pays them off for their share of it.
That depends if there is a will and if not the laws of probate for VA. If you need help go and hire an attorney.
If you have a life estate and the property owner died then you retain your life estate and the property owner's heirs are the new owners.
Yes, if the bank has given notice to the estate representative or the heirs. Yes, if the bank has given notice to the estate representative or the heirs. Yes, if the bank has given notice to the estate representative or the heirs. Yes, if the bank has given notice to the estate representative or the heirs.
An executor is obligated to keep heirs informed of court proceedings of an estate. Information should be sent by first class mail or certified return receipt for proof of notification.
None of the debts are the responsibility of the heirs. The debts are the responsibility of the estate. The executor must settle all, or as many as possible based on the assets of the estate, before they can distribute any of the the estate to the heirs.
The heirs aren't the persons with the authority to "handle" an estate at all. If a person died owning property their estate must be probated, an estate representative must be appointed and the debts of the estate must be paid before any property is distributed to the heirs. Probate laws govern the distribution of a decedent's estate regarding creditors and heirs. If the court appointed estate representative mishandles the estate they are held personally responsible… Read More
What is the taxes on a inheritance if one lives in Nevada and it's from an Uncle that died and left no living heirs to his estate?
According to the information at the link below there is no estate tax in Nevada. (Click on "Estate Tax".)
What are the heirs rights in Missouri if there was a will and the will is not being followed by the estate representative?
The estate representative should be reported to the probate court immediately for abusing their authority. They should be removed and a new executor should be appointed.
Your father died left his property to you in his will and named you as the executor. He has credit card and medical debt. What should you do?
His estate must be probated. You have no legal authority as executor until you have been appointed by a court. When the estate has been filed for probate the debts of the decedent must be paid before any property can be distributed to the heirs. You must contact an attorney who specializes in probate who can review your situation and explain your rights, responsibilities and options. Title to real property cannot pass to the heirs… Read More
Is it allowed for the administrator of the estate not to distribute the proceed of the estate after it has long been settled?
The estate is not settled until the final distribution is made. The heirs shouldn't sign off on the estate until they have received distribution of their shares. If the administrator tries to file a final account prior to distribution, thereby closing the estate, the heirs should object and notify the court that they haven't received there shares in the estate. Nothing should be left "up in the air" once an estate has been "settled". If… Read More
No. When a life tenant dies the life estate is extinguished. There is nothing left to transfer to heirs. In order to make real estate available to heirs there must be a fee interest in the owner at death.
If the estate is declared bankrupt by the court the heirs receive nothing and the creditors are out of luck. If the estate is declared bankrupt by the court the heirs receive nothing and the creditors are out of luck. If the estate is declared bankrupt by the court the heirs receive nothing and the creditors are out of luck. If the estate is declared bankrupt by the court the heirs receive nothing and the… Read More
Step relatives are generally not legal heirs at law in an intestate estate (without a Will).
Generally, no. The heirs cannot individually sell their interests until the estate has been probated. The estate must be probated in order for legal title to the property to vest in the heirs. Once title has vested, the heirs can execute deeds that transfer their interests.
The estate must be probated and the court must appoint an administrator. The state laws of intestacy will determine who the heirs-at-law are. The debts of the decedent must be paid before any property is distributed. Once the probate proceeding has been completed the remaining property will be the property of the heirs at law. You can check your state laws of intestacy at the related question link provided below.
With the death of both parents with real estate in tenant by entirety does property pass on to heirs or does it go to probate?
The real estate would pass according to the laws of intestacy to the heirs of the last surviving parent. An estate that owns real estate must be probated in order for the title to pass to the heirs.
What are the rights of an adult child to the parents home that the adult child lived in with parents whos parents both deceased and there was no will?
The estate of the last surviving parent must be probated in order for title to the real estate to pass to the heirs at law. If your parent died intestate (without a will) then their estate will pass according to the laws of intestacy to all their heirs at law in equal shares. You need to contact an attorney.
It is not the heirs, but the estate that is responsible for any remaining debts. That will include medical bills. If there is not enough in the estate to cover them, someone will not get paid and the heirs may get nothing.
What are your legal rights as heir to an estate in Kentucky when the executor is not communicating with the heirs and you feel that some actions are questionable?
You should contact the attorney who is handling the estate. If that doesn't work then file a complaint with the court explaining the reasons clearly.
No. All heirs to an estate must sign for a valid transfer of the property. If the Heirs are missing there will be a method by which a court can appoint someone to sign for the lost or missing heirs.
What happens to your mortgage when the person holding it died but the deed is in both of your names and you pay the taxes?
The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You must pay them. The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You must pay them. The mortgage will be included in the decedent's estate and the heirs will own the debt once the estate has been probated. You… Read More
First, the mortgagor's estate must be probated in order for title to their real estate to pass to the heirs legally. Now to answer your question: If the mortgage isn't paid the bank will take possession of the property by foreclosure. If the heirs want to keep the property they must continue to pay the mortgage. Some mortgages contain provisions whereby heirs can assume the mortgage. You need to consult with an attorney who specializes… Read More
The decedent's estate must be probated so that legal title will pass to the heirs. If you are an heir the title will pass to you legally as soon as the estate has been probated. If you are someone interested in buying the property you can purchase it from the estate representative who has been appointed by the court (after they obtain a license to sell real estate) or from the heirs after the estate… Read More
The decedent's estate must be probated in order for the heirs to have legal title to the real estate. All the heirs must sign the deed. If you want to sell the inherited real property the attorney who handles the estate can advise you.
An estate that includes real estate must be probated in order for title to pass to the heirs legally. You should consult the attorney who is handling the estate. An estate that includes real estate must be probated in order for title to pass to the heirs legally. You should consult the attorney who is handling the estate. An estate that includes real estate must be probated in order for title to pass to the… Read More
The legal heirs are those recognized by the will or the laws of intestacy of the estate. You must fit this category in order to bring a suit against an estate.
To insure that the estate is settle correctly and efficiently to maximize the heirs inheritance and to provide clean title to property. A full accounting of the estate and its assets must be produced.
Yes. For clarification, the person who is owed the money in a mortgage transaction is the mortgagee and the mortgagee owns the mortgage. If the mortgagee dies the mortgage is included in their estate as personal property. The mortgagee can make provisions in their will regarding a mortgage they own. The balance on the debt due can be inherited by their heirs or the mortgagee can forgive the mortgage in their will. If there is… Read More
Can an executor of an estate refuse to lower the price of house in the estate when the other two heirs request that it be lowered?
The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling. The heirs cannot tell the executor what to do. If they have a complaint regarding the handling of the estate they must file it with the court and request a ruling. The heirs cannot tell the executor what to do. If they have a… Read More
If the credit card company has filed a claim against the estate the debt must be paid before any assets can be distributed to the heirs. In any estate the debts must be paid first. The heirs get any assets that are left after the payment of debts. If the estate doesn't pay the bill the creditor can force the sale of the real estate to collect the debt. If the property is the only… Read More
If the life estate holders agree to allow the property to be sold then they mush sign the deed and by doing that they will relinquish their life estates. The proceeds from the sale will go to the remaindermen who own the fee interest in the property. In order to encourage the life estate holders to relinquish their life interest the remaindermen may offer a part of the proceeds as an incentive. You should seek… Read More
What does the executor do if an heir refuses or does not make themselves available to accept the final distribution from the estate?
The executor can put the final distribution into an escrow account. The court will review and allow the estate to be closed if they are satisfied that the rights of the heirs have been properly safeguarded.
Your wife (the widow) will have rights to your property. Her children are not your heirs. But she is allowed to give them anything given to her. Make and iron clad will, with an excellent attorney, detailing the distribution of your estate.
No. Generally, equitable title to real property passes to the heirs upon the death of the decedent. However, the estate must be probated in order for legal title to pass to the heirs. Title is never in the estate. If there is a deed change made it is changed to the names of the heirs once the estate has been probated. Deeds are not changed to reflect the estate of the owner.
If a mortgage holder (mortgagee) dies the rights under the mortgage pass to her heirs. If a mortgagor (borrower) dies the mortgage company has a lien on real estate that still must be paid.
Generally, that property is not part of the decedent's estate and cannot be reached. However, you should consult with an attorney who can review the trust, if possible, to make certain it is valid. An improperly drafted trust can be vulnerable to heirs and creditors.
When a father dies without a will do his minor children have rights to his estate or do his parents?
Generally, the surviving spouse and the minor children would be the legal heirs-at-law. If the father was divorced, his children are his heirs-at-law. You can check the state laws of intestacy for your state at the related question link below.
As with any probate estate, it would depend on any number of other issues, including the actual words of the grant of ownership (jointly, in common), then (assuming common ownership) whether there was a valid will of the other party and what the will says about property rights, and if no will, then where the person was domiciled when he or she died and what their laws of intestacy have to say, and if any… Read More
Warner Bros. and DC comics- but they lose them all over to the heirs of the Siegel and Shuster estate in 2013 as they already have reobtained the rights of the origin story involving Krypton.
That is a serious legal situation. A decedent's estate that has real property must be probated in order for title to the real estate to pass to the heirs legally. If there are heirs that cannot be located the administrator or executor of the estate can petition the court for a license to sell the real estate. It can then be sold during the probate proceeding. You need to consult with the attorney who is… Read More
If real property is involved the estate must be probated in court in order for legal title to pass to the heirs. Once the estate has been probated, the heirs can convey their interest in the real estate to whomever they wish. The property could also be sold by the court appointed administrator of the estate by a license to sell real estate issued by the probate court.