Can the executor of the estate appoint her husband to do all the work except sign papers?
The executor of the estate is responsible for fulfillinlg the requirements of their position. They are not required to do all the work themselves. If it is reasonable to hire someone else to do the work, it is acceptable.
Yes, unfortunately. The land will be on the deed of the property along with the mobile home, therefore, it will go to the lender.
Yes that is a very good question the answer is no they do not have to pay taxes in The Bahamas because the Bahamas is a tax free country but, they don't have to pay taxes in the united states because there property is over here in a tax free country and only if you keep your money in the bank of the Bahamas you can avoid paying taxes but if you transfer your money and your property to the US you will have to pay taxes
Why does eldest child inherit?
I take it that this question refers to the concept of the eldest child of a decedent receiving all or a greater share of the estate than younger children. This no longer happens in today's world, because it violates the equal protection provisions of the Constitution. (Although a parent is absolutely free to give the eldest son everything in a will.) This concept, called "primogeniture", existed in feudal societies where titles of nobility and lands passed to one child only, because the title of nobility could not be shared among several people and along with the title went the property.
What happens to power of attorney duties and power?
That depends on certain details. A well drafted will makes provisions for any devise made to a beneficiary who predeceased the testator. If the will does not contain alternative provisions then the gift lapses and becomes part of the residuary of the estate. The residuary estate is all the property that was not specifically devised in the will. A well drafted will contains a residuary clause that directs how the residuary estate will be distributed. If there is no residuary clause in the will then any leftover property will pass as intestate property according to state laws of intestacy.
To begin with, this question cannot be properly answered without knowing the state in which your aunt's estate is probated. Different states have differences in their probate laws, some are minor, some are major. The question is not whether your father was executor; the executor has no inheritance rights just by being executor. The real question is who does the will leave your aunt's estate to and does it require that the beneficiary survive your aunt by any period of time. Assuming the will gives your father your aunt's estate (and makes him executor as well) there are two possibilities. First, the will might have a commonplace provision that your father has to survive your aunt by some specific period of time or the devise of the residuary estate is revoked and given to some other person as if your father had died before your aunt. If the will has no such provision, some state laws have provisions that automatically kick in. The purpose of these provisions is to avoid your aunt's estate from having to go through your father's estate and be subject to payment of his debts and inheritance taxes even though he probably never got the use and enjoyment of the money he should have gotten. Second, if your father survived the will's survival requirement or the statutory one (whichever applies) then your aunt's estate has vested in him. This means that even if your father has not transferred money out of your aunt's name or out of her estate's accounts, your father's estate must get it. It will then be distributed according to his will. In the second situation, any provision in your aunt's will that gives her estate to someone else if your father dies after she does is ineffective once he survives her by the requisite period of time.
Will a surviving spouse inherit home in deceased spouse name in PA?
Pennsylvania: 2102. Share of surviving spouse. The intestate share of a decedent's surviving spouse is: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate. (2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act (Public Law 107-42, 115 Stat. 230). (3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate. (4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate. (5) In case of partial intestacy any property received by the surviving spouse under the will shall satisfy pro tanto the $30,000 allowance under paragraphs (2) and (3). 2103. Shares of others than surviving spouse. The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order: (1) Issue.--To the issue of the decedent. (2) Parents.--If no issue survives the decedent, then to the parents or parent of the decedent. (3) Brothers, sisters, or their issue.--If no parent survives the decedent, then to the issue of each of the decedent's parents. (4) Grandparents.--If no issue of either of the decedent's parents but at least one grandparent survives the decedent, then half to the paternal grandparents or grandparent, or if both are dead, to the children of each of them and the children of the deceased children of each of them, and half to the maternal grandparents or grandparent, or if both are dead to the children of each of them and the children of the deceased children of each of them. If both of the paternal grandparents or both of the maternal grandparents are dead leaving no child or grandchild to survive the decedent, the half which would have passed to them or to their children and grandchildren shall be added to the half passing to the grandparents or grandparent or to their children and grandchildren on the other side. (5) Uncles, aunts and their children, and grandchildren.--If no grandparent survives the decedent, then to the uncles and aunts and the children and grandchildren of deceased uncles and aunts of the decedent as provided in section 2104(1) (relating to taking in different degrees). (6) Commonwealth.--In default of all persons hereinbefore described, then to the Commonwealth of Pennsylvania.
Does an administater of the deceased estate have to pay off any unsecured debt in New Jersey?
In most cases the debts of the deceased, including unsecured debts, are the responsibility of the estate. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. If the estate has been closed, there should be no further claims. Consult a probate attorney in your jurisdiction for help.
What are the Washington state probate laws?
You can check the laws of intestacy for the state of Washington at the related question link below.
Small estate is there estate taxes no will?
If there is an estate, there are tax forms to be submitted. They may not result in any estate taxes, but they have to be filled out and sent in. That is one of the responsibilities of the executor.
Are grandchildren entitled to part of an estate after death if no will is written?
When someone dies without a will the state laws of intestacy provide for the distribution of their property. Generally, if your parent is deceased you would inherit your parent's share of your grandparent's estate. If your parent is not deceased then you have no right to a share of your grandparent's estate. If your grandparent left a will and the will is allowed you have no other right to their estate.
You can check the intestacy laws of your state at the link in the related question below.
Yes, the house will be decreed to you, your siblings, mother or whoever it is left to in the will. The decree will be recorded in the Land Records. Then you can sell it as the owners rather than the estate selling it.
Can you leave anything to the executor of your will?
Yes, in many cases the executor is a family member and heir.
How do you find out if someone left you money?
You should receive a notice from the executor or the attorney who is handling the estate as long as your address is known. If you are speaking of a particular decedent, you can check the decedent's name in the local probate court records to see if an estate was filed. If there is an estate, you can visit the court and read the will.
What is a alien resient surviving spouse entitled to in probate court?
Probate court is used when the dead person has a Will leaving their money or possessions to another person. If the dead person leaves something to their spouse, the spouse will receive it.
If there is already one probate attorney how is the other clients attorney paid?
This depends on the state in which the decedent died, so those laws must be checked. In New Jersey, the law allows "reasonable" counsel fees to be paid out of an estate. This means that counsel fees for two lawyers duplicating efforts will not both be paid. Beneficiaries who hire lawyers to protect their own personal interests pay their own counsel fees, unless that beneficiary incurs legal fees for taking some action that benefits either the estate as a whole or all other beneficiaries as well. When one beneficiary pays a lawyer to do something that helps everyone else, the law considers it inequitable to saddle the one beneficiary with all those costs. The court will allow a reasonable amount of counsel fees to the second lawyer in that case. Where there are two executors and they cannot agree on one lawyer, so each hires his/her own, a court will most likely order each executor to pay half of their own lawyer's bills.
Does everyone involved in an estate need to show proof of identity?
It is normally required to prove identity. Many documents require a notary's signature. The notary is required to validate the identity of those signing.
How do you cash income tax check for deceased?
You must apply to the court for authority to act for the payee's estate. The funds belong to the decedent's heirs and the court must determine who they are.
What is the executor fee in Connecticut?
Executor fees vary from county to county and also depending on what you need the executor for. Call around and get some prices in your area within the state of Connecticut.
What are Executor fees in Massachusetts?
In Massachusetts, the executor fee will vary based on who provides the services. Massachusetts is one of the only states that does not legally set executer fees at a fixed percentage.
What is a way to legally appoint an executor if will was lost so you can free up deceaseds accounts?
The estate would be opened up in the normal way by application to the probate court. They will appoint an executor and issue of Letter of Authorization. That allows the executor to access the accounts.