Yes, a sibling can exclude other siblings as beneficiaries of their estate by specifying this in their will. However, laws regarding inheritance and family provisions may vary by jurisdiction and could impact the ability to completely exclude siblings from inheritance. It is advisable to seek legal advice when making such decisions.
Generally, the status of a person as a "sibling" is not relevant. What is relevant is whether that sibling is or is not a beneficiary under the will. An executor has an obligation to give information to the beneficiaries of the estate as named in the will, not to all the decedent's relatives. If a sibling (whether it is a sibling of the decedent or of the executor) has no interest in the estate, he/she has no rights to information about the estate. In some jurisdictions, an executor might be required to simply give that sibling notice of the probate of the will, even if the will gives that sibling nothing, but only if that sibling would inherit some part of the estate in absence of the will. As with all legal questions, the specific answer may differ from state to state depending on that state's laws. So you must check those laws to get the precise answer.
In most jurisdictions a legally adopted sibling is a legal heir. You would need to check the laws of your state. You can find state-by-state intestacy laws linked in the related question below.
No, an executor of an estate is legally bound to act in the best interests of the estate and its beneficiaries. Taking items from the home without consent from other siblings would likely be considered a breach of fiduciary duty and could lead to legal consequences. It is important for all decisions regarding the estate to be made transparently and with the agreement of all beneficiaries.
If all four siblings are listed as legal owners of the deceased parents' house, then decisions regarding its sale would typically require unanimous agreement. If one sibling is able to establish power of attorney or has been assigned as executor of the estate, they could potentially make decisions on behalf of the others, but this would depend on the specific legal arrangements in place.
In general, living arrangements typically do not affect the rights of siblings when a parent dies. The distribution of assets and inheritance is usually determined by the parent's will or state laws, regardless of where the siblings live. Each sibling is entitled to their fair share of the estate according to these established guidelines. Consulting with a probate lawyer can provide specific advice based on the individual circumstances.
No, a sibling will not be responsible for the debts. The estate is responsible for the debts. If the estate has no assets, the creditors will not get paid. If there are not enough assets to pay the debts, the beneficiaries will not receive anything.
Generally, the status of a person as a "sibling" is not relevant. What is relevant is whether that sibling is or is not a beneficiary under the will. An executor has an obligation to give information to the beneficiaries of the estate as named in the will, not to all the decedent's relatives. If a sibling (whether it is a sibling of the decedent or of the executor) has no interest in the estate, he/she has no rights to information about the estate. In some jurisdictions, an executor might be required to simply give that sibling notice of the probate of the will, even if the will gives that sibling nothing, but only if that sibling would inherit some part of the estate in absence of the will. As with all legal questions, the specific answer may differ from state to state depending on that state's laws. So you must check those laws to get the precise answer.
Siblings certainly are not responsible. If you are the executor of the estate, yes, insomuch as there are assets to pay them with. If the debts exceed the assets, there are some people who will not get paid, including the beneficiaries.
That's the decision of the executor of the estate. If the other siblings want to keep the property, they would have to pay the other for their share.
In most jurisdictions a legally adopted sibling is a legal heir. You would need to check the laws of your state. You can find state-by-state intestacy laws linked in the related question below.
It goes into his estate. That will then be handled per the jurisdiction's intestacy law. Siblings and parents are next in line.
Generally speaking, the rest of the siblings cannot do anything as long as the person with the life estate is alive except make sure that the person with the life estate takes care of the property.
It will depend on the laws in the jurisdiction in question. If the sibling was born after the will was made, it may be a rule of law to add them.
Yes, the executor of the estate can make decisions such as this. it is usually best to talk it through if you are on good terms with your sibling.
No, an executor of an estate is legally bound to act in the best interests of the estate and its beneficiaries. Taking items from the home without consent from other siblings would likely be considered a breach of fiduciary duty and could lead to legal consequences. It is important for all decisions regarding the estate to be made transparently and with the agreement of all beneficiaries.
Yes, an estate can gift money to beneficiaries through a will or trust as part of the distribution of assets after the owner's death.
* The Will will go into probate first. If a sibling chooses to live in the house then they would have to buy the house from the other siblings and if this is not possible then the house will be sold and monies put into the total Estate.