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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.
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∙ 14y ago
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Who determins the administrator fee of an estate in NJ?
The maximum is established by law. The executor determines the fee and gets it approved by the court.
Have been taking care of mothers final expenses and was issued a check by ins co for death benefits the ins co made it to the estate instead of you the beneficiary bank wont honor it?
It will have to go through Probate. You may be the beneficiary of your mothers estate, but if you were not listed on the insurance policy, it is just issued to the estate so that no one can come back on the insurance company if there is a dispute between people or debts owed. This way the insurance company is out of the picture and it is up to the court to decide who gets it.
Who is entitled to poa in death when none is previously established?
No one gets a power of attorney after the death of an individual. The executor of the estate will get a letter or authority.
Rental property of decedent is sold by estate. Who gets the rental income collected by estate from date of death to date of sale?
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.
Letter for distribution of estate assets?
A letter of distribution of estate assets will likely be a document held by an attorney of a deceased individual. They will have specifically stated who gets their property and valuables in the event of their death.
Why does Gatiano get Othello's estate?
Cassio gets his estate not Gatiano
Can life estate home be rented if the parent is in a nursing home and will never return to the home?
No. The life estate belongs to her as long as she is alive. If she granted a power of attorney and it is still valid, the attorney in fact could consent to a sale of the real estate or release the life estate. If there is no valid POA and the individual is not of sound mind, a petition to sell the real estate free of the life estate could be brought before the probate court.A life estate means that someone else gets the property at her death. Who gets the property on her death? They can only sell it subject to the life estate, which reduces the value to the buyer.
Did your father have the right to leave a life estate to his second wife if the property is still in his and your deceased mothers name Her will was never probated?
Yes. in many cases it is a requirement of law that the spouse gets a life interest in the property. The property probably became your father's without any need for an estate, as the survivor.
Can you sue heirs of estate if the estate owns a rental property and a renter gets hurt.?
No, you sue the owner, which is the estate.
Who gets the money from crops of a farm when the person having the life estate dies?
You have to look at the arrangements that were made when the life estate was created. Usually, the life estate reverts to the original owner, or to whomever the original owner named as heir. There is no fixed answer. But what should be clear is that the life estate, whatever it included, ends at the death of the person who holds it.
Is there a statute of limitation for debt collectors to collect debt after a man dies?
Yes, there is a limitation. It will vary according to the jurisdiction, but once the estate has notified them, the time frame is relatively short. If they were properly notified of the death and the estate gets settled, they are out of luck.
Does biological children have rights to deceased fathers assetts if the step mother is power of attorney?
The power of attorney expired on his death. In most cases the spouse gets the estate if there is no will.
