What kind of taxes will need to be paid on a considerable sum of money from a deceased mother's checking account when it is divided between the surviving children?
Estate taxes are what need to be paid. The executor of the estate, or their legal advisor, should have a good handle on the process. If the value of the estate is less then about 1.2 million, there may be no taxes due, but you still need to file.
Who inherits the estate when there is no will surviving children and grandchildren who are the children of a deceased child?
Generally, the estate of a decedent who dies without a will goes to the surviving spouse. If there is no surviving spouse then to the decedent's children and the children of any deceased child. You can check the laws in your state at the related question l,ink. Generally, the estate of a decedent who dies without a will goes to the surviving spouse. If there is no surviving spouse then to the decedent's children and…
Are children entitled to a portion of their deceased father's property if there was no will and the stepmother is the surviving spouse?
Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of Texas?
Are the surviving children responsible for paying off their own debt backed by the estate of the deceased?
The estate is responsible for paying off the bills of the deceased, first and foremost. Surviving children should not have access to the funds until the estate is settled. If the children are minors, the court will appoint a guardian and will usually advance living expenses to insure they aren't without money and a place to live.
Will surviving children of deceased parents that have no life insurance or estate be responsible for paying criminal fines or utility bills incurred by the decedents?
How can the descendants of deceased children whom committed suicide be excluded from the inheritance if there is no will?
Generally, when a person dies intestate their property descends to their spouse and children. However, in certain states the surviving spouse inherits all the property. In the states where the surviving spouse AND children inherit, the children of any deceased child would take their parent's share. You can check the laws of your state at the related question link provided below.
Next of kin, if you are not familiar with the term, just means the closest relative. If there is a surviving spouse, that is the next of kin. If there is no surviving spouse, then surviving children or surviving parents, failing that, a surviving sibling, then we go to aunts and uncles, cousins, nieces and nephews.
What is the law in the state of Ohio with reference to a surviving spouse receiving the estate when there is no will?
Do the mother of the deceased have a right to a life insurance if the other surviving heir is an underage child?
You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse. Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage…
Intestacy in Texas: Decedent had no will (b) Intestate Leaving Husband or Wife. Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows: 1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take…
Are surviving children in Pennsylvania responsible for paying the mortgage debt of deceased parents?
Are you the surviving spouse even if your were not cohabiting with your spouse at the time of death?
If the person was still legally married to the deceased he or she is still considered a "surviving spouse". However, the extent to which claims are made upon the estate of the deceased or the responsibility of the surviving spouse for debts owed by the deceased is determined by state laws and/or the probate court.
Is the surviving spouse responsible for the credit card account held solely by the deceased spouse's in Washington State?
That depends on whether or not they have any children, grandchildren, siblings, or if their parents are still living. If they have children, then the children are the next of kin. If they had children and the children are deceased, yet had children of their own, then the grandchildren would be the next of kin. If there are no grandchildren either, then the parents are next of kin. If the parents are deceased, then the…
Your Mom died and your father is currently in a nursing home are you or is he responsible for her hospital bills?
If the couple resided in a community property state at the time of the individuals death the surviving spouse might be held accountable for the deceased spouse's medical bills. That would apply even if the surviving spouse is in need of care themselves. However, the outcome of such depends upon the financial status of the surviving spouse and the laws of the state relating to such, for example if the person is on Medicaid. Surviving…
i just lost my aunt and her children had to pay her medical bills.there are programs that will help the children pay them if they cant. * Many times surviving family members will be sent medical and hospital bills after a person has died. However, the children of the deceased or other family members have no legal obligation to pay such debts unless they have agreed to accept the responsibility at the time the person(s)…
Grandmother left her house to our deceased parent and her two other children do we inherit the interest of our deceased parent?
Generally, yes. You and siblings would receive your deceased parent's share UNLESS your grandmother's will specified that if any of HER children were deceased then their share would go to THEIR surviving siblings. You should have received notice of the probate proceeding as heirs at law. Title to the house will not pass to the heirs until the estate has been probated. You should call the attorney who is handling the estate to ascertain what…
In the US a surviving spouse is responsible if the married couple resided in a community property state or the spouse accepted the responsibilty by signing a written agreement. If such is not the case and the deceased had no unexempt assets that can be used to pay medical expenses the debt becomes null and void. Surviving children or other relatives are not responsible for the debt unless they signed a written agreement accepting responsibility.
Are the surviving adult children responsible for paying off student loan debts of their deceased parents?
In New Jersey a car is the property of the person listed on the Certificate of Title. If the car is in the surviving spouse's name then it is not in the deceased spouse's estate. If the car was in the name of the deceased spouse, then it is in the decedent's estate, even if they both considered it to be the surviving spouse's car and was used solely by that spouse. The sole determining…
If the surviving spouse dies before he invokes his right of election can his executor act on his behalf?
Pennsylvania: 2102. Share of surviving spouse. The intestate share of a decedent's surviving spouse is: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate. (2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in the case of a decedent who died as a…
No. Distribution of the deceased person's belongings are based on a written will. If no will is found, depending in the state of residence, the person's belongings are handled in different ways. Generally, the surviving spouse inherits all. If there is no surviving spouse, "issue" (the deceased's children) are next in line. How they divide items amongst themselves is often the source of long-standing bitterness. This shows how important it is to make a will.
When surviving parent is declared incompetent and there is no will left by deceased parent does it go to state or to children?
The legal phrase for this situation is dying "intestate," and the laws of that particular state will have to be followed. Whether the surviving spouse is "incompetent" or not, is probably immaterial. If they were still legally married, or this is a 'community property' state, or they owned property and assets as a married couple (known by a variety of legal descriptions in various states) then the surviving spouse would probably inherit before the children…
Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of California?
In Florida if your spouse dies without a will and the home was not titled in both names will the surviving spouse become the sole owner of the property?
The property would pass according to the Florida laws of intestacy. If there is no surviving lineal descendant of the decedent (child or the children of any deceased child), the entire intestate would pass to the surviving spouse. You should seek advice from an attorney who specializes in probate law in Florida,