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What is meaning of plaintiff's intestate?
Plaintiff's intestate refers to a situation in a lawsuit where the plaintiff has passed away without leaving a valid will or estate plan to specify how their assets and affairs should be handled. In such cases, the court may appoint a representative to manage the deceased person's estate and pursue the legal claim on their behalf.
Can a life estate take away homestead exemption?
No, a life estate does not typically take away a homestead exemption. The homestead exemption is usually based on the property being the primary residence of the owner or their family, regardless of the ownership interest.
If I don’t have a Will, does my property automatically go to my spouse?
In general, if you pass away without a will, the laws of intestacy in your state will determine how your property is distributed. These laws typically prioritize spouses and children, so your spouse may receive a portion of your estate. However, the exact distribution depends on state laws and other factors like children from prior relationships. It's best to consult with a legal professional for personalized advice.
My sister is suing me for half of the house i live in. my father passed away without leaving a will. when he died my sister agreed for me to put house in my name.i did. does she have any right?
If your father died intestate then his property passed to his next of kin according to the laws of intestacy in the state where he lived. If you and your sister were his only next of kin then you each would inherit a half interest in his property both real and personal. However, in order for title to real estate to pass to the heirs his estate must be probated. If you were the court appointed administrator of your father's estate you would need a license from the court to make any changes in the ownership of the real estate. If you obtained a license from the court to transfer the property to your name and your sister assented to that license then it's too late for her to change her mind. However, if the estate was not probated and you had no authority and license to transfer title then all your sister needs to do is petition the court to be appointed administrator of the estate. Any actions you took regarding the transfer of title would be null and void due to your lack of authority. When a person dies and there is real property or solely owned accounts in the estate an attorney who specializes in probate law should be consulted to initiate a probate proceeding. The average person has no background in probate law and errors made by a non-professional can be costly down the road.
If an individual passed away and left an estate worth 1.2 million what percentage of the assets would be subject to an estate tax under current law?
Under current 2021 federal estate tax laws, estates worth over $11.7 million for individuals would be subject to estate taxes. Since the estate in question is valued at $1.2 million, it falls below the threshold and would not be subject to estate taxes.
What is meaning of plaintiff's intestate?
Plaintiff's intestate refers to a situation in a lawsuit where the plaintiff has passed away without leaving a valid will or estate plan to specify how their assets and affairs should be handled. In such cases, the court may appoint a representative to manage the deceased person's estate and pursue the legal claim on their behalf.
How can an estate be probated in Pennsylvania without a will?
In Pennsylvania, when someone passes away without a will, their estate can be probated through a process called intestate succession. This involves the court appointing an administrator to distribute the assets according to state laws, typically prioritizing spouses, children, and other close relatives.
My father passed away three months ago. The will has been executed and there is no estate. My uncle now claims they had a promissory note. Is this still valid since my father passed away?
If the Will has been executed in Probate court the Will stands but if there is a note proving your dad owed money to your uncle then he can legitmately claim this as a debt upon your dads estate. See probate help link below for more information. Your father's estate is responsible for paying his debts. If the estate was properly probated and there are debts and no assets then the estate is said to be insolvent. You should speak with a legal professional who can review the situation and confirm that the creditor is out of luck.
What is the definition of estate planning?
Simply put an estate plan is a long term scheme devised to take care of your family and assets in the event that you or your partner either need long term residential care or perhaps pass away
If you were raised by your grandparents but they only had power of attorney from your mother are you entitled to any part of the estate that was left by them when they passed away?
If your grandparents died without leaving wills then their property will be distributed as intestate property. Every state has laws that dictate how intestate property must be distributed. If your parent on that side of your family is living your grandparents' property will pass to them. If that parent is deceased the property will pass to you. You can check the laws of intestacy for your state at the related question link provided below.
Your mother left yourself and sister as heirs to her estate your sister passed away shortly afterwards leaving a husband and two adult children How will the property home left be divided?
If your sister died after she inherited an interest in your mother's home then her share would pass to her heirs according to her will. If she died intestate her interest would pass according the the laws of intestacy. In Massachusetts intestate title to real estate passes according to the laws of Masachusetts even if the decedent lived or heirs live in another state. You should seek the advice of a probate attorney who can confirm who holds legal title to the property.
If your father passed away in Oklahoma can you be the heir to unclaimed money if his wife is still living?
Possibly. It depends on whether he had a will or died intestate.
I am the only child of my father who is deceased. His mother passed away in California. She has one daughter and one step-son living. What are my rights to her estate if she had no will?
I am assuming that your grandmother does not have a spouse who is still living. In California, if a resident dies without a will or trust, then the laws of intestate succession are used to determine who will inherit the estate. If your grandmother was not married, then the estate would be divided in equal shares (if they are in the same generation) to her children. If there are no children or grandchildren living, then the estate would go to her parents. If her parents are no longer living, then the estate is distributed to the "issue of the parents." (Issue is the legal term for children, grandchildren, etc.) I am not an attorney but typically, in your situation, you would inherit one third of the estate. (Your father's portion.)
When you die is your husband entitled to live in the house until he passes away or do your 2 children inherit the house?
I assume that you are the sole owner of the house. You would need to check your state laws of intestacy to determine what your husband's rights would be if you died intestate, or, without a will. On the other hand, you could provide your husband with a life estate in your will.
What happens when your mom passes away and her property is in a life estate?
The life estate goes to the remainderman.
What happens when father died intestate and named my brother and i beneficiaries on his pension can my stepmother supersede us on his pension in California?
In the state of California, if a person passes away intestate the named beneficiaries will stand. That being said, your stepmother could not supersede on the pension in California if she is not a named beneficiary.
Where does the narrator reside throughout the story?
In an old mansion away from society --APEX
