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When a parent dies without a will can the adult children take possession of the deceased parent's property and assets in New York?
Wiki User
∙ 17y ago
Not necessarily. Depending upon the size of the estate, if the deceased owed debts and if any of the assets or property of the estate is subject to taxation, probate action may be required. The surviving family members should not transfer, sell, gift or in any manner despose of any property or assets belongin to the deceased until they have determined the status according to the probate laws of the state,
Wiki User
∙ 17y ago
Wiki User
∙ 15y agoA Petition for Administration must be filed in the court of jurisdiction. Title to real property and any other assets owned solely by the deceased must pass through probate for title to vest in the heirs. The property will be distributed according to the laws of intestacy of California. You can read the text at the link provided below.
Wiki User
∙ 13y agoA person who dies without a will is said to die intestate. Generally, their property will pass to their spouse, domestic partner and/or children according to the state laws of intestacy.
A qualified person must petition the probate court to be appointed the Administrator of the estate. The surviving spouse or domestic partner would be favored for that appointment but any other heir at law or creditor could petition for appointment if there is no spouse or if they decline to serve. The Administrator will have the authority to settle the estate according to the laws of intestacy and probate laws. The debts of the estate must be paid before any property can be distributed to the heirs at law.
You can read the NJ laws of intestacy at the related link provided below.
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When a parent dies without a will in Arkansas can the adult children take possession of the deceased parents property if they were remarried.?
Generally the property passes to the surviving spouse according to the state laws of intestacy. You can check the laws for Arkansas at the related question link provided below.
Are children responsible for maintaining deceased parents property?
If they inherited the property then they have a stack in the property and responsibility to uphold the standards of the community;Howerver, if they are not the property owners and have no interest in the property then, I would say they should not be held responsible.
Can children of a deceased parent be allowed access to parents property after probate but before selling?
Of course. Arrangements should be made for any of the heirs to visit the property before it is sold.
Social security benefits for children with a deceased parent?
yes the children with deceased parents get social security benefit's. but only if the parents were workers in the US.
If you inherited land from your parents and it started out with 10 children but three have died do the children of the ones that died inherit the deceased brother or sister's portion of the land?
It will depend on how the land was divided in the original inheritence. If it was left to the ten children as tenants in common, each of them have equal rights in the property. On one of their deaths, their share in the property would go into their estate and then to their heirs. In this case, it would go to the children of the deceased. If they were joint tenants, the last of the ten children to survive would get full title to the property and the children of the original inheritor would get nothing.
Are the children in the state of Florida responsible for a deceased parents medical bills?
No, they are not
Do the children have to pay the debts of their deceased parents?
If you were not a joint debtor you are not responsible for repayment of deceased parent(s) debts.
If you claim insolvent on property of your deceased parents who is responsible for paying the lawyer the deceased parent had for their last will and testimont and probate?
Apparently your parents had a will. They wanted a particular lawyer to probate the will. When they died, they had nothing. In that case, there is no point in probating the will and no one needs to pay to probate the will. If there was property, then the property can be sold. The estate pays the lawyer.
Is there an easy way to explain what a life estate is?
A life estate is the right to the possession, use and income from a property for the duration of one's natural life. For example, an elderly couple who owns a home could convey the property in fee, by deed, to their adult children. In the deed they could reserve a life estate for each of them. By doing so they could continue to live in the property for the rest of their natural lives and upon their deaths the property would be owned free and clear by their children. While the parents are still alive, although their children are the owners of the property, the children would need the parents' signatures to sell or mortgage the property.
Are children of deceased given priority over mother of deceased?
Yes, children have priority over the mother of the deceased. They are the descendants it get priorty second only to a surviving spouse. Even without a will the spouse will come first, then children. Parents are next, then siblings.
When the parents die who inherits the home?
As with nearly anything owned by the estate of a deceased person, the answer will depend upon whether there was a valid will, or upon the laws of intestacy where the property is located. For example, if there is no will, and no surviving parents, the children (or their heirs) might inherit all of the property in equal shares, if that is what the state laws of intestacy say.
Are children resonsible for their deceased parents' debts in Virginia?
The estate will be responsible, not the children. They will not be able to inherit until they are resolved.
