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What happens to property in an estate if a testamentary trust in a will was never set up?
Wiki User
∙ 15y ago
If the will directs that property shall pass to a trust that was never fully executed (such as a trust that was supposed to be set up while the testator was living and cannot be found), that devise will lapse and become part of the residue of the estate. If there is no residuary clause in the will that property will be distributed as intestate property.
If on the other hand a trust was set forth in the willand the will was never probated then you should submit the will for probate now. Generally, when a testamentary trust is created in a will, the will is submitted for probate so that the will can be proven and allowed as the last will and testament of the decedent. Once the will has been probated the court process continues and morphs into a trusteeship. Then, the named trustee is appointed and manages the trust according to the provisions set forth in the will. State laws on this issue may vary.
You should consult with an attorney who specializes in probate law who can review your situation and the will and advise you of your options.
Wiki User
∙ 15y ago
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If a will was never carried out and the estate never taken care of what happens to the family mentioned in the will?
They don't get what the will specifies. Property transfers won't occur and homes and property will not be able to be properly sold. The state or federal government can step in and claim estate taxes.
What happens when Mortgagor never recorded deed for real estate property?
If a person is not the record owner of the property then any mortgage she signed cannot be enforced against the property described in the mortgage. The lender would need to go after the "mortgagor" personally. It would have no lien on the real estate.
What happens if owner dies and never been transferred out of her name?
The property becomes a part of the estate. The executor is then responsible to distribute it according to the will or the intestacy laws.
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.
What does vest title mean?
Vest means to confer full title to real property. "Title" to real property means legal and absolute ownership. When a person dies owning real property their estate must be probated whether they die with a will or without a will. That is because title to real property, if not transferred by a deed from the owner, must be transferred by a court order. The court decree that allows the probate of an estate vests title to the real estate in the heirs. If the estate is never probated the heirs never gain legal ownership of the property and the result is a cloud on the title.
Did your father have the right to leave a life estate to his second wife if the property is still in his and your deceased mothers name Her will was never probated?
Yes. in many cases it is a requirement of law that the spouse gets a life interest in the property. The property probably became your father's without any need for an estate, as the survivor.
If a will states how property is to be divided but there is a right to survivorship of the house what has priority?
The right to survivorship of the house takes precedence and it never gets into the estate.
What happens if the sole beneficiary on an insurance policy dies before that person and the policy is never changed?
It goes to the estate
What happens if someone dies with no will and the family never changes the name on the deed to the property?
The property will remain in the estate of the decedent and no one will have legal title. In order for legal title to pass to the heirs the estate must be probated. No one can sell, refinance, insure or otherwise deal with the property until the estate is probated. The longer such a situation exists the more difficult and costly it will be to clear the title.Many such properties end up falling into disrepair and taken by the town for non-payment of property taxes.The property will remain in the estate of the decedent and no one will have legal title. In order for legal title to pass to the heirs the estate must be probated. No one can sell, refinance, insure or otherwise deal with the property until the estate is probated. The longer such a situation exists the more difficult and costly it will be to clear the title.Many such properties end up falling into disrepair and taken by the town for non-payment of property taxes.The property will remain in the estate of the decedent and no one will have legal title. In order for legal title to pass to the heirs the estate must be probated. No one can sell, refinance, insure or otherwise deal with the property until the estate is probated. The longer such a situation exists the more difficult and costly it will be to clear the title.Many such properties end up falling into disrepair and taken by the town for non-payment of property taxes.The property will remain in the estate of the decedent and no one will have legal title. In order for legal title to pass to the heirs the estate must be probated. No one can sell, refinance, insure or otherwise deal with the property until the estate is probated. The longer such a situation exists the more difficult and costly it will be to clear the title.Many such properties end up falling into disrepair and taken by the town for non-payment of property taxes.
what happens when someone dies and his estate never goes through probate and then the executor of his estate dies ?
You should seek official legal advice, but the online consensus seems to be that the 2nd person in line to be executor becomes in charge of the estate.
Does a lien on property have to be claimed when an estate is created?
If it is already in place, there is no need to claim it, it is a known debt, but it never hurts to ensure that the executor has the appropriate information.
My mom died in 2008 i am her executor of her estate I ran across my dad's will and realize he had inherited a house to me when he died My mom never did probate his will What happens to the property?
Do yourself a favor and consult an attorney that specializes in probate law. The laws are different in every state, sometimes in every county.
