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Generally, interest in jointly owned real and personal property passes automatically to the surviving owner. Joint bank accounts may pass into the estate if they were made joint only for the purpose of convenience.

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17y ago

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Does executor of estate have right to keep house?

As the executor of an estate, you are responsible for executing the wishes outlined in the deceased person's will. If the will specifies that the house goes to a specific beneficiary, then you must follow those instructions. If there are no specific instructions, you may need to sell the house and distribute the proceeds according to the will or laws of the state.


If an individual gives property either real or personal to a beneficiary (heir) the beneficiary must pay an inheritance tax.?

Inheritance tax is typically paid by the beneficiary on the value of the inherited property above a certain threshold set by the tax authorities. The tax rate and threshold vary by jurisdiction. It's important to consult with a tax professional or lawyer to understand the specific rules and exemptions that may apply in your situation.


In law a person who finalises the transaction of as property to the beneficiary on express trust?

The person who finalizes the transaction of property to the beneficiary on express trust is typically known as the "trustee." Trustees are legally responsible for managing the trust assets in accordance with the terms of the trust and for distributing the property to the beneficiaries as outlined in the trust document. They have a fiduciary duty to act in the best interests of the beneficiaries and to follow the instructions of the trust.


Can a trustee sue a Beneficiary of a trust?

Since a beneficiary has no fiduciary responsibility to the trustee it is unlikely the trustee would encounter a situation where she would need to sue a beneficiary unless perhaps the beneficiary had stolen or damaged trust property. In that case a suit could be brought in the appropriate court. More common are suits by the beneficiaries against the trustee.


What are duties of trustee?

The trustee has a fiduciary duty to the beneficiary of a trust. The trustee is the legal owner of the property of a trust. The beneficiary has no legal title to the property in the trust but may get use of the property without ownership. A beneficiary can show a breach of a fiduciary duty if the benefit, profit, or gain was acquiredWhile there was a conflict of interest: this most often occurs when the fiduciary does not serve the beneficiary's best interests.By taking advantage of the fiduciary position: this occurs when a fiduciary profits from his position, which is prohibited in the relationship

Related Questions

What benefits am I entitled to as a beneficiary?

As a beneficiary, you are entitled to receive benefits from a trust, will, or insurance policy according to the terms outlined in the document. These benefits can include financial assets, property, or other assets designated for you by the benefactor.


If deed is in father name and his parents name both are deceased who is entitled to property?

It depends on what the deed says. If the deed is a right of survivorship, the property will go to the descendants of the last to die. If it is a joint ownership, the property could go to the beneficiaries of all three of the decedents.


If a beneficiary inherits a home in Texas can the beneficiary give it back to the bank if the beneficiary lives in another state?

Yes. If the beneficiary does not want to assume the financial responsibility of the property he or she is not legally entitled to do so. They may refuse the bequest and the issue will be disposed or distribted according to the state probate laws.


How can the executor legally keep the property if the heir is not found?

The executor is not entitled to keep the property. They hold it for a period of time (specified in the law) and if the beneficiary isn't found it is distributed according to the law.


Can a beneficiary of an IRA name a successor beneficiary in the state of Colorado?

No. A beneficiary has no authority to name a beneficiary of another's property. Only the principal can name the beneficiary. Generally, if the primary beneficiary declines to accept the inheritance then the gift will lapse and the property will be included in the estate.


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


Can executor own property if he is not beneficiary and beneficiary dies?

No, he cannot own the property. His job is to distribute it according to the will or the state laws for intestacy.


Does estate money belong to both husband and wife?

An inheritance by either a wife or her husband is not the property of the other. An inheritance is the sole property of the beneficiary who inherited it.An inheritance by either a wife or her husband is not the property of the other. An inheritance is the sole property of the beneficiary who inherited it.An inheritance by either a wife or her husband is not the property of the other. An inheritance is the sole property of the beneficiary who inherited it.An inheritance by either a wife or her husband is not the property of the other. An inheritance is the sole property of the beneficiary who inherited it.


Can a beneficiary be under age 18?

First, there is no minimum age for a person to be a beneficiary; however you must understand there is a distinction between ownership and possession of property. There is no minimum age for a person to own property; however the beneficiary must be an adult to be able to possess it. If a will gives property to two children, one under 18, the other over 18, they both have ownership, but only the adult is entitled to ownership at that time. If the beneficiary is under 18, the property he or she gets must be turned over to a duly appointed guardian or parent according to the laws of that state for safekeeping. When the minor becomes andult, the guardian/parent must turn over possession.


Who is responsible for homeowners insurance the beneficiary of the trust or the person with a life estate interest in the property?

Q. Who is responsible for homeowners insurance the beneficiary of the trust or the person with a life estate interest in the property? A. If the property is a (personal residence, family farm, rental property or even a vacation property) held in trust.Regardless of a life estate for a named beneficiary. The property tax payable would be the responsibility of the owner of the property listed on the property deed. In this case it appears that the owner of the property is the trust. Therefore the trust would be responsible for the tax. The remainderman beneficiary nor the current beneficiary enjoying a life estate in the property would owe the property tax.


Can you will someone your home if it is not paid for?

Yes. You can leave your property to a beneficiary. However, the beneficiary must pay off the mortgage or the lender will take possession of the property by foreclosure. When you grant a mortgage you are granting the lender an interest in your property. Your beneficiary would take the property subject to the bank's interest.


What percentage of the proceeds is due to the wife when a property is sold?

If the property is owned jointly, the wife is entitled to 50% of the proceeds.If the property is owned jointly, the wife is entitled to 50% of the proceeds.If the property is owned jointly, the wife is entitled to 50% of the proceeds.If the property is owned jointly, the wife is entitled to 50% of the proceeds.