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The assets of an estate are held by the trustees of the estate. After all debts and testamentary dispositions have been satisfied the residue may be distributed

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15y ago

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What happens to items removed before an estate has been settled?

Items removed from an estate before it has been settled can complicate the probate process. Generally, these items may still be considered part of the estate's assets, and their removal can lead to disputes among heirs or beneficiaries. If the items were taken without the consent of the executor or the court, the individual who removed them may be required to return them or compensate the estate for their value. It’s advisable for all parties involved to seek legal guidance to navigate these situations properly.


Can a zaxby's franchise be assigned to heirs?

Not really but kind of....


Does all siblings have to be involved in opening an estate?

No, but all natural heirs must be informed.


Does the spouse have to buy out the heirs of the decease to get the estate?

Whether a spouse must buy out the heirs of a deceased partner to inherit the estate depends on the laws of the jurisdiction and the specifics of the deceased's will or estate plan. In many cases, a surviving spouse has a legal right to a portion of the estate, which may include community property or elective share rights. However, if there are specific bequests to heirs or if the estate is contested, the situation may be more complex. Consulting with an estate attorney is advisable to understand the rights and obligations in such cases.


what claims can heirs make against an estate?

Heirs can make claims against an estate for a variety of reasons, including seeking their rightful share as stipulated in a will or under intestacy laws if no will exists. They may also claim for expenses incurred on behalf of the deceased, such as funeral costs or outstanding debts. Additionally, heirs can contest the validity of a will, alleging issues like lack of capacity or undue influence. In some cases, they may pursue claims for specific bequests that were not honored or for property that was wrongfully excluded from the estate.

Related Questions

Can heirs transfer deeds to someone since the property is not yet partitioned and there is no will?

You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.You need to consult an attorney who specializes in probate. The property cannot be transferred by heirs until the estate has been probated.


How is the probate estate maintained?

Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.


What debts will be the responsibility of the heirs to your estate?

None of the debts are the responsibility of the heirs. The debts are the responsibility of the estate. The executor must settle all, or as many as possible based on the assets of the estate, before they can distribute any of the the estate to the heirs.


What happens when someone dies and they owe you money?

You can file a claim against their estate in probate court with proof of the debt. If you have proof of the debt and they have assets of value, you must be paid by the estate before any remaining assets can legally be distributed to their heirs. If they have nothing of value, than you have nothing you can claim from them.


What happens when someone dies with assets?

After the payments of their debts, their assets are distributed to their heirs under the provisions in their will or by the laws of intestacy if they have no will. You can check the laws of intestacy in the US and the UK at the related question link provided below.


Do you have to pay the debts of your parents if they die?

The estate of a decedent is responsible for the debts. The debts must be paid before any assets are distributed to the heirs.


Who pays back taxes when a person dies?

The person's estate is responsible for payment of back taxes. If there are any assets, the debts must be paid before any assets can be distributed to the heirs. If there are no assets the creditors should be notified of the death and they are out of luck.


Who is responsible for your dead mothers debt?

Your mother's estate is responsible for her debts. The debts must be paid off before any money can go to the heirs. However, if she had more debts than assets, the heirs are not responsible for the difference.


Can credit card companies force heirs to sell real estate after a death?

If the credit card company has filed a claim against the estate the debt must be paid before any assets can be distributed to the heirs. In any estate the debts must be paid first. The heirs get any assets that are left after the payment of debts. If the estate doesn't pay the bill the creditor can force the sale of the real estate to collect the debt. If the property is the only asset and the heirs want to keep it then the heirs must pay the credit card bill.


Are minor heirs responsible for debt after death?

Heirs are not responsible for any debt. The debt is the responsibility of the estate. If there are not adequate assets, the debtors don't get paid and the heirs will not receive anything.


If you are handling someone estate do you pay the debts?

In order to "handle someone's estate' you must be appointed by the probate court as executor if there is a will, or as administrator if there is no will. Once appointed then you have the authority and obligation to pay the debts of the decedent from any assets owned by the decedent. The debts must be paid before any property can be distributed to the heirs.


Insurance paid for house after my mothers death no heirs on the deed how do i get the house?

Get probate done so that title can officially be transferred to the legal heirs.