The widow can write a new will or simply have her attorney draft a codicil that names a new executor. The codicil should be drafted and executed with the same formality as a will and attached to it.
All executors, whether named in a will or not must be appointed by the court in order to exercise any powers as an executor. In general, if the executor named in a decedent's will has died and no alternate was named, the court will appoint an executor.
The court will appoint an executor. If there are no children or relatives that wish to take on the job, the court will typically assign an attorney or bank to do the job.
No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.
If the husband was the named beneficiary of the policy, if the policy was in force at the time of death, and if the cause of death was not excluded by the policy, the general answer is "Yes". If the beneficiary was the estate of the wife, the proceeds are paid to the estate. Then, if the husband was a beneficiary of the estate (either by virtue of a Will naming him as beneficiary, or if no Will, through the laws of intestate succession), he may be entitled to all or a part of the insurance proceeds. If the beneficiary of the life insurance policy was someone other than the husband as of the time of the wife's death, proceeds are payable to that person.
Indirectly, the estate is responsible for the medical bills of the deceased. Only after they are resolved can the estate be closed and any remainder distributed to the spouse.
The rental income becomes part of the estate and will be distributed according to the terms of the will to the beneficiaries or to the next of kin if there was no will.
If you own property at the time of your death the will must be probated and your estate becomes a public record. There is no way you can change that process. It is the law. If you have no will (intestate) and you own property at the time of your death your estate must be probated. The court will appoint an administrator and your estate will become part of the public record. The only way to keep your business private is to do some careful estate planning so that you own no property in your own name at the time of your death. Perhaps you should discuss it with an attorney who specializes in estate planning.If you own property at the time of your death the will must be probated and your estate becomes a public record. There is no way you can change that process. It is the law. If you have no will (intestate) and you own property at the time of your death your estate must be probated. The court will appoint an administrator and your estate will become part of the public record. The only way to keep your business private is to do some careful estate planning so that you own no property in your own name at the time of your death. Perhaps you should discuss it with an attorney who specializes in estate planning.If you own property at the time of your death the will must be probated and your estate becomes a public record. There is no way you can change that process. It is the law. If you have no will (intestate) and you own property at the time of your death your estate must be probated. The court will appoint an administrator and your estate will become part of the public record. The only way to keep your business private is to do some careful estate planning so that you own no property in your own name at the time of your death. Perhaps you should discuss it with an attorney who specializes in estate planning.If you own property at the time of your death the will must be probated and your estate becomes a public record. There is no way you can change that process. It is the law. If you have no will (intestate) and you own property at the time of your death your estate must be probated. The court will appoint an administrator and your estate will become part of the public record. The only way to keep your business private is to do some careful estate planning so that you own no property in your own name at the time of your death. Perhaps you should discuss it with an attorney who specializes in estate planning.
It becomes a part of the estate. The executor has to determine their value and either liquidate them or transfer them to the inheritor.
If your mother had a will then that will likely determine where her estate will go after her death. If not, then her estate will pass through intestacy in which the court goes down the family lines (husband, then children, then grandchildren, parents, siblings, etc) until there is someone to give it to. If your mother is still alive, I urge you to talk to her about drafting a will.
Your situation is not clear. If your loved one provided her husband with a life estate with the remaining estate to go to you after his death then the remaining property belongs to you. However, it depends on such factors as how the property was held, the exact language in the will and whether the surviving husband was given any power of appointment. If your loved one's estate was probated you should contact the attorney who handled the estate and ask her/him to explain any rights you may have. If that's not possible you should consult with a private attorney who specializes in probate law who can review your situation and explain your position.
It might. If they hold title as joint tenants or by tenancy by the entirity, yes. If they hold title alone, no. Those properties held by person get transferred to the estate, and the estate must go through probate court.
It would not make sense to do so. The will is executed at her death, and her life estate ends on her death, so there is nothing to leave.
If the property was owned by the couple as joint tenants or tenants by the entirety the decedent's interest passes automatically to the surviving spouse and is not part of the probate estate. If the property was owned solely by the decedent it becomes part of the estate.
State laws vary, and your husband's children may be able to claim a portion of his estate unless he does some estate planning now. All your property and accounts should be held as joint tenants with the right of survivorship. If not, then your husband should have a will drafted by an attorney who specializes in probate and estate planning. If he does neither then his children may be able to claim a portion. You can check the laws of intestacy in your state at the related question link below.