Debt Responsibility

The use of such an instrument is illegal and could result in criminal and civil penalties, of stealing by deceit, fraud, etc.

Possibly, depending on the laws of that particular state, the value of the estate and how the married couple's assets were held. A lot of "if"s, but there's no other way around it. As to laws some states provide for an apportionment of assets of a person between the spouse and the children. In many cases a spouse may get the first certain percentage of the estate or dollar amount, then the rest is divided in some way. Some states also give the spouse a specific minimum percentage, in NJ it is called the elective share. In both cases the size of the estate will determine if the children get anything. If it exceeds the minimums, they will, if not, they won't. If the married couple's assets are all held jointly, then none of the above matters. The spouse just takes it all by virtue of joint ownership.

Of course the alternate can volunteer to assist the court appointed executor in the fulfillment of her duties. However, the alternate has no legal power and will not be entitled to any compensation.

They charge the estate and take it out. The rate has to be approved by the court and documentation provided to show the effort expended by the executor. If there isn't a cash account, the bill can be added to those of the creditors and the assets shared as necessary.

In most cases the debts of the deceased are the responsibility of the estate. If you signed the papers on the funeral arrangements you might also be responsible. Consult a probate attorney in your jurisdiction for help.

A testator can make changes to their will by using a codicil. A codicil is written in the same form as a will and should clearly explain its purpose: which provision in the will is being stricken or what provision is being added. The codicil must clearly state the added provision if there is one.

In the case of changing the named executor the codicil must state the section appointing (name) as executor is hereby stricken and is replaced with the appointment of (new name) as executor.

Wills and codicils should be drafted by professionals to make certain they conform to state laws. If legal documents do no conform to state law they may be deemed invalid.

You need to have your parent's estate probated in order for legal title to pass to the heirs at law. You cannot insure the premises until you have legal title. If the premises are covered by an existing homeowner's policy and any damages occur, the proceeds will be paid over to your parent's estate, not you. If there are other heirs you are depriving them of their property and that can cause legal problems for you that may be costly to resolve. If your parent died owing any debts, they must be paid before any property can pass to you. You will be required to publish a notice of death in the local paper.

If someone gets injured on the property you have no protection if they sue since you are not the legal owner of the property. A creditor could open a probate and make a claim against or sue the estate and you could lose the property. On the other hand, if you do things the right way and probate the estate so that you have legal title, you will be able to take advantage of a state homestead protection to protect your primary residence from creditors.

You should consult with an attorney who specializes in probate in your area. You should note that by not doing things properly you are inviting legal trouble that could prove to be costly.

The estate is responsible for the debts. The debts must be paid by the executor before any assets can be distributed. If the executor distributes any assets while the debts are outstanding, she/he may be personally liable. If there are no assets the estate is declared insolvent and the creditors are out of luck.

The executor has specific powers under the laws in every jurisdiction, once they have been appointed by the probate court. The testator can grant additional powers such as the power to sell real property without a license from the court.

in any state wife is responsible for husband even if husband passed that is what insurance protects your loved one's from unfortunally she is responsible for all debts he has

Unfortunately, yes. You are responsible to continue the leasehold even in the event of a roommates death. The roommates family are not responsible for the decedents leasehold contract, as his lawful responsibility terminates upon death.

Your best option is to quickly secure a new roommate to replace the missing room mate.

It means you are "basically" your father in the sense that you are finishing up paying your bills, arranging your funeral etc. You are also the "boss" of his estate including dispersing any monies or property according to his will. If you are not sure about the "power of attorney" that is associated with this position, consult your father's attorney for more details. As Executor (in some states) the Excutor is allowed a small payment for their "services" if they so wish. The Executor has the power to sell anything that is not willed to someone but those monies must also then be included as part of the estate. You also will have to disconnect/cancel any car insurance(s), phone, gas etc, notify the Social Security and DMV of his death including getting all the death certificates for each, his credit cards, banking, home owners insurance and such. Each will require a death certificate. Usually the funeral homes can provide you as many of them as you might need.

At death, your will goes through probate. Probate simply means the process by which your last will is determined to be your final dispositive statement and which confirms the appointment of the person or institution you have named to administer your estate. The term "probate" is also used in the larger sense of probating your estate. In this sense, probate means the process by which assets are gathered, applied to pay debts, taxes and expenses of administration, and distributed to those designated as beneficiaries in the will.

Distribution will be according to the California intestacy laws. Typically the spouse and children will be the beneficiaries. Siblings and parents would be next in line.

If your mother died intestate (without a will) and she owned any property when she died her estate must be probated. Title to real property cannot pass to the heirs unless the estate is probated. The debts of the estate must be paid before any property can be distributed to the heirs at law.

If your mother left no property in her name then her creditors are out of luck. You should seek the advice of an attorney who can review your situation and explain your obligations, if any. Until you speak with the attorney you can notify any creditors of her death but do not pay any bills until you have had the benefit of legal advice.

No, they may try to collect from you but for medical bills incurred by the deceased, the deceased's ESTATE is responsible for them. The Executor will have to address this matter with whatever funds are available in the estate.

Once you have been appointed executor by the court you can sell the property under certain circumstances. Assuming the real estate was not specifically devised in the will, generally, if you were given authority to sell the real estate in the will you may sell without license of the court. If the authority was not granted in the will then you will need to apply for a license to sell the real estate.

It will depend on the will and/or the laws of the state. In most cases it must be 'reasonable' given the work being done. Some courts have said that 3% is reasonable, but cautioned that it needs to be determined on a case by case basis.

Yes, a current will does so. That is why most start with the declaration that this to be my last will and testimony. All previous wills are revoked or cancelled.

The residue may contain property from several sources. Any property that was not specifically devised in the body of the will becomes part of the residue. Also included is any property the testator didn't know she owned and any assets acquired after death such as a settlement in a wrongful death or malpractice action. Any bequests that lapse because the beneficiary predeceased the testator may become part of the residue unless other instructions were provided in the will.

There is no requirement that an executor be named in the will for the will to be valid. The court will appoint one.