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Who pays outstanding bank loan on personal property which is more than the value of the estate after death in NY State?
Wiki User
∙ 14y ago
The estate is responsible for the debts of the decedent. The property should be returned to the creditor if possible. However, if the assets cannot cover the debts the estate is declared insolvent and the creditors are out of luck.
Wiki User
∙ 14y ago
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Can a home be sold for unpaid property taxes if it has an outstanding equity loan balance?
Yes, depending on the state, a home can be sold for unpaid property taxes.
What does estate of the deceased mean?
The 'estate of the deceased' refers to all the property, real or personal, a person owned in their own name at the time of their death. That property is said to be their 'estate'. If the person left a will they are said to have died testate and their property will pass to their heirs according to the provisions of their will. If they had no will their estate will be considered to be an intestate estate and will pass to their next-of-kin according to the state laws of intestacy. An estate must be probated whether a person dies testate or intestate. As part of the probate process a notice is published that gives any creditors of the decedent an opportunity to file a claim. The debts of the decedent must be paid before any of their estate is distributed to the heirs.
How are monies due to you listed in your last will and testament?
Any debts owed to you are listed as personal property in the estate inventory. As long as they are evidenced in writing they will become part of your estate. Your executor will have the authority and responsibility to demand payment. Any proceeds collected will be distributed according to the provisions of the will or the state laws of intestacy if they were not addressed in the will.
A tax on real state or personal property?
A tax on real estate or personal property is a tax imposed on the ownership of real property, such as land and buildings, or personal property, such as vehicles and household items. This type of tax is usually assessed by local governments, such as cities or counties, and is used to fund local services, such as schools, police and fire departments, and infrastructure maintenance. The amount of tax owed on real estate or personal property is generally based on the assessed value of the property. This value is typically determined by a local assessor, who takes into account factors such as the property's location, size, and condition. Property taxes can be controversial, as some argue that they disproportionately affect low-income individuals and families who may struggle to pay them. Others argue that property taxes are necessary to fund essential local services and maintain infrastructure. Overall, property taxes are an important source of revenue for local governments and play a key role in funding the services and infrastructure that support our communities. My recommendation : 𝘩𝘵𝘵𝘱𝘴://𝘸𝘸𝘸.𝘥𝘪𝘨𝘪𝘴𝘵𝘰𝘳𝘦24.𝘤𝘰𝘮/𝘳𝘦𝘥𝘪𝘳/488392/𝘔𝘶𝘩𝘢𝘮𝘮𝘢𝘥𝘺𝘶𝘴𝘴𝘶𝘧12/
If a spouse dies but leaves the property in a will to someone else what happens?
"Someone else" gets the property. The surviving spouse can certainly contest the will. And there may be specifics in the state that entitle the surviving spouse to a portion of the real property, or a life estate in real property. Consult an attorney licensed in the state in question.
When someone dies and the rental is abandoned what do you do with the personal property?
There are specific laws in each state about abandoned property. After a certain period of time you can sell the property and put the money into escrow for the estate.
Are there any personal exemptions of property in a bankruptcy action?
If you mean exemptions of personal property, as opposed to real estate, yes, but they depend on state exemptions or federal exemptions in states that allow a choice of state or federal exemptions. Consult a local bankruptcy lawyer for specifics for your state.
Can the personal representative sell the deceased's house if the estate is still in probate in the state of Michigan?
Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.
The means of obtaining ownership of personal property?
Let's clarify what is personal property: any property that you own that is not real estate property, such as your personal belongings, car, pets, etc.; now, in the Landlord/Tenant court, your landlord may keep or put out your personal property to the curb once he evicts you from the unit, depending on the state you live in, and whether you owe him back rent.
Is personal property covered in a life estate deed?
What you mean by "covered" is not clear. Therefore the following is general information only. You need to check the laws in your state and consult with an attorney, if necessary.Generally, an owner who transfers their real property by deed and reserves a life estate has reserved the use and possession of the real property for life and has named a remainder person who will own the property absolutely upon their death. Their personal property remains on and in the promises and they retain ownership of that personal property. Should they decide to release their life interest, they can remove all their personal property to a new home. If they die while owning the life estate, the title to the real property vests in the remainder person absolutely and the personal property on and in the premises becomes part of the decedent's estate.What you mean by "covered" is not clear. Therefore the following is general information only. You need to check the laws in your state and consult with an attorney, if necessary.Generally, an owner who transfers their real property by deed and reserves a life estate has reserved the use and possession of the real property for life and has named a remainder person who will own the property absolutely upon their death. Their personal property remains on and in the promises and they retain ownership of that personal property. Should they decide to release their life interest, they can remove all their personal property to a new home. If they die while owning the life estate, the title to the real property vests in the remainder person absolutely and the personal property on and in the premises becomes part of the decedent's estate.What you mean by "covered" is not clear. Therefore the following is general information only. You need to check the laws in your state and consult with an attorney, if necessary.Generally, an owner who transfers their real property by deed and reserves a life estate has reserved the use and possession of the real property for life and has named a remainder person who will own the property absolutely upon their death. Their personal property remains on and in the promises and they retain ownership of that personal property. Should they decide to release their life interest, they can remove all their personal property to a new home. If they die while owning the life estate, the title to the real property vests in the remainder person absolutely and the personal property on and in the premises becomes part of the decedent's estate.What you mean by "covered" is not clear. Therefore the following is general information only. You need to check the laws in your state and consult with an attorney, if necessary.Generally, an owner who transfers their real property by deed and reserves a life estate has reserved the use and possession of the real property for life and has named a remainder person who will own the property absolutely upon their death. Their personal property remains on and in the promises and they retain ownership of that personal property. Should they decide to release their life interest, they can remove all their personal property to a new home. If they die while owning the life estate, the title to the real property vests in the remainder person absolutely and the personal property on and in the premises becomes part of the decedent's estate.
If you stop paying your mortgage what happens?
The lender will foreclose on the property and the borrower will be evicted. The property will be sold according to the real estate laws of the state in which it is located. HUD property is generally auctioned off at the court house in the county where the property is located. The borrower may or may not have redemption rights to the property and may or may not be responsible for any outstanding debt connected to said property.
Is real estate tax same as property tax?
Real estate taxes are commonly referred to as property taxes. However, property taxes can be one of two types: real property taxes (land and improvements to land like structures and accessory or outbuildings) and personal property taxes (vehicles, business and industrial equipment, etc.). Tax laws within each state in the United States define what is real property and what is personal property for tax purposes.
When a customer dies can a lien be put on the estate of the deceased in the state of Maine for work completed on the property?
The lien goes on the property, not the estate. But the estate must resolve the lien when disposing of the property.
What is Real estate tax in US?
In the United States the real estate tax is commonly known as the "real property tax." Although there is no federal tax on real estate at the present time, taxing authorities and taxing districts at the local and state government levels annually tax real and personal property.
Meaning of advalorem?
Ad Valorem tax is tax that is based on the assessed value of personal property or real estate. They are the major source of revenue for state and municipal governments.
Do an estate have to be set up if you do not have a benefiary?
The state will set up the estate, since there are no beneficiaries, the state will take over all property.
Does the executor of a will have to pay for outstanding debts of a deceased parent if there is no money or property to sell?
The estate is responsible for the debts. The debts must be paid by the executor before any assets can be distributed. If the executor distributes any assets while the debts are outstanding, she/he may be personally liable. If there are no assets the estate is declared insolvent and the creditors are out of luck.
