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You should discuss the situation with an attorney in your area who is familiar with real estate law and probate and family law. The person may need a guardian to help manage or the incapacity may be serious enough to obtain a court order that will extinguish the life estate.
What else can I help you with?
What happens when an estate administrator dies?
If the person left a Will the Will will identify who the administrator (executor) of the estate is to be - only this person can anministor the estate. If there is no Will then the state will appoint an administrator (there will be country specific laws relating to how this happens).
What is the legal age to move out after completion high school graduation in Arkansas?
In the United States a person is considered an adult at 18 unless they have a mental defect.
What happens if a person named in a life estate dies before the person making the life estate?
When a life tenant dies the life estate is extinguished. A death certificate should be recorded in the land records.
What happens to life estate in the mineral rights at that person's death?
The life estate expires when the life estate owner does and the mineral rights revert to the property owners in fee.
What happens if a deceased person did not have a will and the person who is next of kin dies before the estate is settled?
Generally, the probate of the first estate would need to be completed. If the next of kin who died is the only heir and was living when the first person died then that person's estate would need to be probated.
What happens in a life estate when the son gets divorced in wi?
A life estate is a right in property. Rights in property don't go away. The name on the life estate is the person that retains the rights to the life estate.
What happens with a life estate when the property is sold while the property owner is still alive. Is it automatically revoked?
Nothing happens to the life estate. The life estate remains as long as the person who holds it is still living. Any sale is based on the existence of the life estate. However, if the life estate has not vested, as in the life estate was to be left in a will and they haven't died yet, then the life estate is void.
What is mentally incompetent?
Mental incompetence is the inability of a person to make or carry out important decisions regarding his or her affairs. An individual is defined as mentally incompetent if he/she is manifestly psychotic or otherwise of unsound mind, either consistently or sporadically, by reason of mental defect. Few examples of such mental defect are retardation, schizophrenia, and dementia. Only a court may declare someone mentally incompetent, after a judicial hearing and testimony from competent medical authority.
Can a person who has atrial septal defect can that person take medication for it?
An atrial septal defect is a MECHANICAL problem of the heart, a structural defect in the heart itself. With that being said, the answer is no. Usually a defect is corrected by surgical intervention.
What happens if estate is never settled and person died intestate?
If a person dies intestate owning real estate an administration of the estate must be filed in order to vest title to the real estate in the heirs. Until that is done, the heirs don't legally own the property and it cannot be sold or mortgaged.
A person who doesn't care what happens?
A person who doesn't care what happens is someone who needs to go to mental health. I'm not trying to be mean, but someone who doesn't care needs help.
Can a deceased person earn dividends on a bank account?
The estate can earn dividends on a bank account. The executor is responsible for making sure this happens and it gets included in the estate.
