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Generally, in order for title to real estate to pass to the heirs or devisees the estate must be probated. If a person inherited an interest in real estate a quitclaim deed from them would convey their interest in the property IF the estate had been probated. If the estate was not probated then they are not a legal owner of the property and their deed would convey nothing.
What else can I help you with?
What if the property is in a trust and I am the beneficiary of that trust?
Under UK Law: The trustee's must authorise the release of the property to the beneficiary(s) The beneficiaries under certain trust law can demand the property of the trust, but the trust deed must state a legal 'absolute' entitlement to that property. If the beneficiary has an absolute right to that property and has attained the stated age at which he or she should receive that property then the trustee's must authorise the payment to the beneficiary. IF it is a discretionary trust then you are only a 'potential' beneficiary and have no legal right to demand the property
In the state of Missouri does the spouse who is not the beneficiary on an IRA have to sign acknowledging that they are not the beneficiary?
In most cases, the spouse of the owner of an IRA is the default beneficiary. Therefore, there would be a legal document that would need to be signed acknowledging that he or she is not a beneficiary.
Is it legal to be an executor of state and a beneficiary in the state of Washington?
Yes.
Can you explain how a beneficiary deed works in estate planning?
A beneficiary deed is a legal document that allows a property owner to designate who will inherit their property upon their death. This can help avoid the property going through probate and allows for a smooth transfer of ownership to the designated beneficiary.
Who can enter into a new rental agreement if the old landlord dies?
Only the legal owner of the property can enter a binding rental agreement with the tenant. You would need to find out if the property was probated and whether legal title passed to a beneficiary or heir.
Can a beneficiary rent out estate real property and keep the proceeds to himself at the expense of other beneficiaries?
If that beneficiary inherited the property by himself- yes. If that beneficiary inherited the property along with other beneficiaries- no. Remember that the estate must be probated if it includes real estate in order for legal title to pass to the beneficiaries.
Your Aunt passed away and named your Grandmother as the beneficiary your grandmother preceded her in death and your mother is the executor of both of their estates and will does Mom get the money?
It depends on the provisions in the wills. If the wills name a contingent beneficiary then that person inherits if the primary beneficiary has predeceased the testator. If there is no contingent beneficiary then the property would pass as intestate property according to state laws of intestacy. You can check your state laws of intestacy at the related question link provided below. You should remember that a person becomes an executor only when appointed by a court. The probating of an estate should be supervised by an attorney who can answer all your legal questions and make certain the law is followed.
What legal interests and rights do you have with a real estate deed?
The grantee(s) on a deed is the new owner of the property. The new owner has the right to the exclusive use and possession of the property; they could sell the property; they can leave the property to their beneficiary in their will. If they die whthout a will, the property will pass to their heirs at law under the state laws of intestacy when their estate is probated.
What does a trust?
Allows one group to control many companiesA trust is a legal vehicle whereby the legal title and the equitable title to the property comprising the trust res is split between a trustee and a beneficiary. The conveyance of property into a trust functions to put the trust res at arm's length from both the grantor and the beneficiary for various reasons, both legal and capricious.
When do you use grantee instead of beneficiary?
A grantee is one to whom property is conveyed. A beneficiary is one who is designated to receive something as the result of a legal arrangement or instrument (benefit from) such as a trust, insurance policy or will.
How does the beneficiary of a will prove to renters that he is the legal owner of the property?
In order for title to real property to pass to the beneficiary legally, the estate must be probated. The "beneficiary" needs to provide proof to the tenants that they are the new owner of the property. The beneficiary's source of title is the probated will filed in probate court. If the beneficiary wants to have the property conveyed to her/him by deed, that can be arranged through the attorney who handled the estate. A letter from the attorney who handled the estate would be the appropriate way to notify the tenants of the new ownership. In fact, the tenants should have some official notification of the change in ownership so they know they are paying their rent to the right party. You should discuss this matter with the attorney who handled the estate and get some legal advice about your new role as a landlord.
Dower A provision for support according by law to a wife surviving her husband?
A dowry is money or property that a woman brings to a marriage. Alimony is support paid to a woman after a divorce. Neither would apply to a widow, but she would likely be the legal beneficiary of most of his property after death.
