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Because the property belongs to the estate until the probate and distributions are complete, it can be seized (under court order) and placed in the custody of the executor for appraisal, safekeeping, and possible liquidation or distribution later (depending upon priorities of gifts, etc).
Interesting issues arise when the house immediately goes to possession of the executor, house title goes to one heir (often distributed early for income and liability issues for the estate), and the contents go to other heirs in due course ("Get your junk out of my house.").
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Is disolving a chemical or physical change?
It's a physical property. Ex. if you dissolve some salt in a cup of water, you can get the salt back by boiling the water. A chemical property is what happens as a substance changes into a new one.
How can water and carbon dioxide be removed from the air before the gases enter the fractionating column?
water vapour condenses, and is removed using absorbent filterscarbon dioxide freezes at -79ºC, and is removed
How can water and carbon dioxade be removed from the air before the gases enter the fractionating column?
water vapour condenses, and is removed using absorbent filterscarbon dioxide freezes at -79ºC, and is removed
Why is hydrogen sulphide removed before methane is used as a fuel?
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What happens before fertilisation?
fertilisation happens when a sperm penetre in the ovule of the women
If an heir passes away before estate settlement what happens to the estate settlement?
If the heir died after the decedent, any property that was inherited by that heir would become part of that heir's estate. The heir's estate would also need to be probated.
Can a will or trust be probated before trustees decease?
You are mixing your terms. A will provides instructions regarding the distribution of a person's estate after they have died. A will must be probated after the death of the testator.A trust is not probated. It is created to hold title to property so the property is not included in a person's estate. It is created by a living person who then transfers their property to the trustee of the trust. A trust is then managed by trustee according to the provisions in the trust document.A trust and a will are not the same. See related question link provided below.
If someone dies and leaves the house to their child but owes a lot of credit card debt can a lien be placed on the property to collect the debt?
es. The debts of the decedent must be paid before any property can be distributed. The creditor can file a claim against the estate. The estate must be probated if it contains real property in order for title to pass to the heirs legally.es. The debts of the decedent must be paid before any property can be distributed. The creditor can file a claim against the estate. The estate must be probated if it contains real property in order for title to pass to the heirs legally.es. The debts of the decedent must be paid before any property can be distributed. The creditor can file a claim against the estate. The estate must be probated if it contains real property in order for title to pass to the heirs legally.es. The debts of the decedent must be paid before any property can be distributed. The creditor can file a claim against the estate. The estate must be probated if it contains real property in order for title to pass to the heirs legally.
Can you get property that you were to receive from a will if the estate was probated and the property was sold?
If the estate was probated and the property was sold to pay the debts of the decedent you cannot get it back. The debts of the decedent must be paid before any property can be distributed to the heirs. If there were debts and not enough cash assets to pay them then the executor may need to sell the real property. An executor can sell real property if that power was granted in the will or if the court issues a license to sell the real estate. If you have questions about what was done you should call the attorney who handled the estate and ask to have the issues explained to you.
Are beneficiaries on a will responsible for decease's debt?
The estate must be probated and the creditors will be given notice. The decedent's debts must be paid by the estate before any property can be distributed to the beneficiaries.
When can wife claim real property from deceased husband's estate?
The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.
What happens if you gift a your house to someone but the person dies before you do?
If you have made a valid gift under your state's laws on gifts, the house belongs to the person you donated it to even if that person dies before you do. Once a valid gift is made, the transfer of ownership is complete. You no longer own the property.
In her will a testator left a life estate to one son and named her other son as remainderman. What happens if the remainderman dies before the son who has the life estate?
Generally, if the mother's estate was duly probated, the property was owned in fee by the remainderman. It would pass to his estate subject to the life estate. However, you should consult with an attorney who specializes in probate and the law of real property in your jurisdiction who can review the situation and explain the status of the property.
Can the deceased be billed?
The decedent's estate must be probated if they owned any property. Creditors can make claims against the estate. The creditors must be paid before any of the assets can be distributed.
Do you need to probate your father's estate if he left a living trust before he died?
Generally, if your father owned any property that was not transferred to the trust while he was living then his estate must be probated.
Is it necessary to file a will before transferring property to new name?
Title to real property does not pass to beneficiaries UNTIL the will is probated. Therefore, the answer is yes. No one has the authority to transfer the property until the will is allowed and an executor is appointed. Then, the probate process must be followed to alert creditors of the death of the decedent. Creditors who make a claim must be paid before any property is distrubuted to the beneficiaries.
Mother leaves will to son but son dies does his spouse have any rights to property?
If the mother's will was probated and the son died AFTER his mother then the property is in the son's estate. His estate would need to be probated. The property would pass to his heirs under the terms of his will or according to the state laws of intestacy. Generally, a surviving spouse is entitled to a portion, if not all, of her husband's estate. You can check your state laws at the related question link below. If the son died before his mother, the property would pass according to his mother's will or the state laws of intestacy as his mother's intestate property.
