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What rights do heirs have if while living the decedent transferred their property to a trust?
Wiki User
∙ 13y ago
Generally, that property is not part of the decedent's estate and cannot be reached. However, you should consult with an attorney who can review the trust, if possible, to make certain it is valid. An improperly drafted trust can be vulnerable to heirs and creditors.
Wiki User
∙ 13y ago
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Can you receive a partial inheritance before death of parent?
No. You have no rights in a parent's property while they are living. An inheritance comes from the property a decedent owns at the time of death. Death makes that property 'inheritable'. There is no such thing as an inheritance from a living person.
If someone has lifetime rights to a home and they die does the owner of the property have any right to go into the home and take any of its contents?
If the property inside the home was the sole property of the decedent the property will pass according to the decedent's will or by the laws of intestacy if the decedent died intestate or without a will. You can check the laws of intestacy at the related question link provided below.
What rights do you have to your deceased grandma's property?
If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.
How can your father give you property an it be put in my name if it has a lien on it i have paid taxes on it for 3 years now?
The property can be transferred to your name but it will still be subject to the lien. You should consult with an attorney who can review the situation and explain your rights and options.The property can be transferred to your name but it will still be subject to the lien. You should consult with an attorney who can review the situation and explain your rights and options.The property can be transferred to your name but it will still be subject to the lien. You should consult with an attorney who can review the situation and explain your rights and options.The property can be transferred to your name but it will still be subject to the lien. You should consult with an attorney who can review the situation and explain your rights and options.
What rights does a second husband have to deceased wife property?
If the property is owned by a valid trust it is not part of the decedent's estate. The purpose of the trust was to protect and preserve the property for the children. The second wife has no rights in the property.
What if property is listed as joint tenants with rights of survivorship and there are other living children?
If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.
What is the legal definition of assigns?
Assigns are those to whom property rights or powers are transferred to.
Do the contents of a house have to go through probate if the house was left to you in a Life Estate Deed?
You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.
When a grantor does not wish to convey certain property rights?
Those rights must be reserved by the grantor if the property is transferred to a new owner. This is often an issue in certain regions in cases involving mineral rights.
In CA if decedent never updated living trust after second marriage which governs intestacy living trust or both Decedent has 3 adult children from first marriage How is estate distributed?
Trust property is not a probate asset and is not a part of a decedent's estate. Therefore trust property is not under the jurisdiction of the laws of intestacy. It is reasonable to assume that the trustor didn't want to 'update' the trust and wanted the trust property to go to his three children. On the other hand, if a testator has devised property TO a trust the surviving spouse may have the right to take a statutory share of the estate against the will. You have described a complicated situation and you should consult with an attorney who can review the situation, advise you of your rights under your state laws and discuss your legal options..
Is an ex spouse estate responsible for a part of a mortgage on property held jointly with the ex spouse?
That is a complicated issue and an attorney would need to review the situation and explain your rights and options. You should consult with the attorney who represented you in the divorce since the jointly held property and mortgage should have been addressed at that time.Note that a decedent's estate is responsible for paying the debts of the decedent. You should also ask your attorney if you can file a claim for the decedent's portion of the mortgage debt.That is a complicated issue and an attorney would need to review the situation and explain your rights and options. You should consult with the attorney who represented you in the divorce since the jointly held property and mortgage should have been addressed at that time.Note that a decedent's estate is responsible for paying the debts of the decedent. You should also ask your attorney if you can file a claim for the decedent's portion of the mortgage debt.That is a complicated issue and an attorney would need to review the situation and explain your rights and options. You should consult with the attorney who represented you in the divorce since the jointly held property and mortgage should have been addressed at that time.Note that a decedent's estate is responsible for paying the debts of the decedent. You should also ask your attorney if you can file a claim for the decedent's portion of the mortgage debt.That is a complicated issue and an attorney would need to review the situation and explain your rights and options. You should consult with the attorney who represented you in the divorce since the jointly held property and mortgage should have been addressed at that time.Note that a decedent's estate is responsible for paying the debts of the decedent. You should also ask your attorney if you can file a claim for the decedent's portion of the mortgage debt.
Rights of a person over property by performing last rites of that person on death?
Performing "last rights" for a person who died gives you no rights to, in or over their property. Any property owned by the decedent would pass according to the provisions of their last will or to their their legal next-of-kin according to state laws of intestacy if they died intestate (without a will).
