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If my mother n law has life estate on her land and I have a mobile home on it when she passes would I have to move or do you have the right to stay?
When your mother-in-law passes away, her life estate interest will terminate according to the terms of the life estate. You may have to vacate the property depending on the specific terms of the life estate arrangement and any agreements made with the estate's beneficiaries. It is recommended to review the legal documentation and consult with an attorney for guidance on your rights to stay on the property.
Does your husband have rights to your inheritance from your mom?
This depends on many factors. First and foremost are you in a community property state? Did the inheritance pass through a will or a trust? I would suggest you talk to an estate attorney. However, in most cases once you receive the inheritance into your estate as a married couple it becomes the property of both spouses. Therefore, they may have a right to half of the inheritance. Also if you have been married for a set period of time as designated by your state then they too may have a right to half of the inheritance. Once the inheritance was removed from your mother's estate in no longer was your mother's property, but was added to your estate. Being married give your spouse the right to marital assets of which this became when your mother's estate was settled and you received your inheritance.
Does the Residuary estate go to all siblings on the will or can it go on a verbal agreement with the mother and all siblings present that divides the property equally?
The residuary estate is usually addressed in the residuary clause in the will. If the residuary estate is not addressed in the will then the residuary passes to the next-of-kin as intestate property according to the laws of intestacy. Distribution of an estate is governed by statute and not by any verbal agreements. A beneficiary can waive their rights to distribution but it must be done in writing and filed with the estate.
When a father dies does the step-mother automatically keep all property and inheritance?
The distribution of your father's estate depends on several factors. If he and his wife owned property as joint tenants with the right of survivorship then his interest automatically passed to her when he died. If your father owned any property in his own name he could make a will and direct how that property should be distributed. If your father lived in a community property state, community property laws would affect how the property would be divided. If your father died without a will the state laws of intestacy would guide the distribution of his property. You can check your state laws at the related question link provided below. Follow the link for State Intestacy Laws and click on your state.
I have been given my mothers home by deed she has a lifetime dowry can I change the locks on the house?
No. If your mother has a life estate, she has the right to the use and possession of the property. If you are actually dwelling on the property, your mother is not and is causing a problem, you should consult with an attorney who can review your situation and explain your options.
Does a stepfather have rights to property if mother had a life estate?
No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.
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.
In Pennsylvania mother transferred her property deed to her daughter with the mother listed as having a life estate. Mother passes away Does mother's estate owe any taxes on that property?
That may require a payment of taxes. The form of the life estate will also affect the tax situation.
Deeds and ownership is held jointly with mother and son upon death of mother does mother have an estate?
If mother and son own real property as joint tenants with the right of survivorship when mother dies the son will become the sole owner and the property will not become a part of the mother's estate.
Can you sell a real estate property titled in trustee after owner dies?
Can you sell a real estate property titled in trustee after mother and father dies
Mother leaves will to son but son dies does his spouse have any rights to property?
If the mother's will was probated and the son died AFTER his mother then the property is in the son's estate. His estate would need to be probated. The property would pass to his heirs under the terms of his will or according to the state laws of intestacy. Generally, a surviving spouse is entitled to a portion, if not all, of her husband's estate. You can check your state laws at the related question link below. If the son died before his mother, the property would pass according to his mother's will or the state laws of intestacy as his mother's intestate property.
If your mother dies and leaves no estate are her children responsible for paying her creditors?
A decedent's estate is responsible for payment of the debts. If there is any property in the estate, the debts must be paid before any property can be distributed to the heirs. If there is no property the creditors are out of luck.
What happens if a surviving step-mother refuses to give assets to the children of the deceased as decreed in the deceased's will?
She is interfering with the distribution of the estate. She can be sued.
How do you sign over property left by mother to one sibling?
If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.If the property includes real estate the estate must be probated in order for title to pass to the devisee.
What if myself and other siblings are heirs of mother's estates and one sibling try to take over?
Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.
Both husband and wife jointly own property His mother has Life Estate but leaves home who owns the property?
The H & W own the property in fee. However, the property is subject to the life estate of the mother. If they wish to sell or mortgage the property she would need to sign the deed or mortgage. If she no longer lives there then they should obtain a release from her for her life estate and the release should be recorded in the land records. Otherwise, only a death certificate will extinguish the life estate as a burden on the property.
What are grandparents?
Your grandparents are your mother's or father's parents.
