Debt Responsibility

Generally such issues are decided before the final decree is granted and usually it is not possible to have the decree amended. If there are no terms for such issues included in the divorce decree the matter usually needs to be determined in a lawsuit against the non requesting party if an equitable agreement cannot be reached otherwise.

The person with the life estate should pay for repairs. They are benefiting from the arrangement, and so should except the responsibility, or give up the life estate. However, the answer may depend on the relationship between the parties.

In most cases an elderly parent transfers ownership to their children in order to bypass probate while retaining the right to life use of the property. Since the parent is trying to preserve the property for their children, the children should be willing to help with repairs since it is in their interest for the property to be well maintained and an elderly parent may not have the resources to pay for repairs.

For a definitive answer you need to check your state laws that govern life estates.

A trust is an entity set up to maintain and distribute assets in accordance with the trust creator. There are specific laws on how a trust can be set up and run, what reporting and what taxes have to be paid. There are also laws about how long a trust can last.

A will is the method used to specify how one's assets will be distributed upon death. Often a will with create a trust. Wills also are subject to specific laws and taxes.

The deadline for filing claims against estates depends on the laws of the state of probate. There are two considerations to keep in mind.

First, at the very least, the claim must be brought before any applicable statute of limitations expires. If the claim is unenforceable against the decedent had he /she lived, then it is not enforceable against the estate.

Second, many states have laws or rules that state that have procedural time periods for presenting claims against an estate; however, failure to do so might not result in a denial of the claim for missing that deadline. This type of deadline is a procedural one. It allows the executor to determine the debts of the estate for estate and inheritance tax purposes and to let executors distribute the estate without waiting for a legal statute of limitations to expire. All this means is that executors should not give estate assets to beneficiaries before this procedural period expires, or executors would be liable for payment if they could not get money back from beneficiaries.

Also, at least in New Jersey, if a legitimate claim comes in after the procedural period but before final distribution is made, the debt still has to be paid out of the estate.

The probate process is not completed until the estate has been distributed. You should complain to the court that the executor has not carried out her duties and ask that she be replaced. You should also be complaining to the attorney who is handling the estate.

If you co-signed the bond, yes. If not, then you have no legal requirement to do so.

Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise.

There are some defined areas that do not fall under community property: separate property acquired before marriage or during marriage using separate property funds, items acquired as a gift, in a will, or as inheritance, and the rents and profits received from separate property.

In the majority of situations the state Probate Court decides how the deceased assets and debts are distributed. If the deceased left no assets or had no assets that were not exempted according to state law, the estate is probated as a "no asset" case. Therefore, creditors will not be able to collect on any debt(s). The exception is, if the deceased debtor has a surviving spouse and they resided in a community property state. Then the spouse may be liable for some or all of the debts even if they were not an account or loan holder/borrower.

It is called the age of majority. In most places it is set at 18, but can be as high as 21 depending on the state or country. Until then an individual is not considered an adult and cannot enter into contracts.

If the executor personally signed for the funeral, yes. Typically the estate pays the cost of the funeral. In that case the executor would pay the bill from the estate, not out of his own pocket.

If you mean deed to daughter, with mom reserving a life estate, then mom owns a life estate, remainder to daughter. Mom has the right to live in the house, has the duty to maintain it, has the duty to pay taxes on it. If there's a mortgage, mom has to pay the interest. Daughter has to pay reductions in principal. Neither has the duty to insure it, but if mom insures it, mom gets the proceeds on any policy claim.

Depending on the amount of money, some qualified family member must request to be appointed the Administrator of the estate. There is usually an expedited process for small estates. You need to inquire at your local probate court.

Depending on the amount of money, some qualified family member must request to be appointed the Administrator of the estate. There is usually an expedited process for small estates. You need to inquire at your local probate court.

Depending on the amount of money, some qualified family member must request to be appointed the Administrator of the estate. There is usually an expedited process for small estates. You need to inquire at your local probate court.

Depending on the amount of money, some qualified family member must request to be appointed the Administrator of the estate. There is usually an expedited process for small estates. You need to inquire at your local probate court.

So that you can pay taxes for the estate. It allows the IRS and state entities to insure the proper taxes are collected. It also allows the executor to open bank accounts and keep them isolated from personal assets.

The answer will depend upon the laws where the person lived (or owned property) and the circumstances of the estate. There are volumes written to assist executors with the overview of the process and how to select and manage any necessary legal assistance.

Basically, the first question is whether there is an "estate" that needs to be probated, and if so, where is the will, and if no will, what are the local rules of intestacy. After that, the possibilities quickly expand (immediate debts and expenses, ongoing business, taxes of decedent, taxes of estate, community property, joint tenants, foreign holdings, no heirs found, pretermitted heirs, priority of gifts, real estate descent, generation skipping, and so forth).

In the simplest case, there are no remaining debts, no estate taxes, and everything was put into joint tenancy (or other ownership), meaning there is no estate and no reason to take it to probate.

They can certainly charge for their time. In most cases there is a maximum hourly rate that is set by law. Mileage would have to be reasonable in the eyes of the court, but the cost of maintaining the estate is normally covered.

To insure that the estate is settle correctly and efficiently to maximize the heirs inheritance and to provide clean title to property. A full accounting of the estate and its assets must be produced.

Yes, you can are liable for the debt incurred. Using a credit card, debit card, bank account, assets, etc. of a deceased person without being the legal administrator of the deceased person's estate is considered fraud.

Your question is difficult to understand, Is this anywhere close to the circumstances? Your sister was killed in A car crash while your brother in law was driving, He had no insurance on the car, Now you want to sue your brother in law? Is that close? In don't think you have any grounds, because your sister was the spouse so she had no insurance either by default. I think the best you could hope for is: prove negligants, and sue for wrongfull death. Still, its A long shot.

As long as they have not breached their fiduciary duties, nothing. They take all of the assets, value them, and use them to pay off all debts. If the debts are greater than the assets, the beneficiaries and remaining debt holders do not get paid.

The cost can vary, depending on how elaborate you want the coffin, flowers, etc., to be. But the average cost is around $5,000 - $7,000, meaning some can cost less, and others cost more. A lot also depends on what part of the country you live in and how elaborate you want to go. There are many aspects of a funeral most people are unaware of that need to be prepared for. Contact a "PreNeed" funeral specialist to determine how to best prepare and protect yourself and your family for unexpected deaths. Here is a perfect website that shares answers for that particular concern: www.WellPlannedFuneral.com

Yes. You should be keeping good records of all the payments you have made including each bill and a copy of the check used to pay it. As soon as the property is sold and before the final accounting for the estate is filed with the court you should submit your claim for reimbursement to the executor and the court.

Yes, he was your husband and you did share all legal aspects by law through marriage--when he died, he left you all the assets and debts he had to take care of . Unfortunatelt, it is now up to you. If this debt is to hard on you you can usually claim hardship and request help from your local social services for help. If you belong to a parish, some congregations go out of their way to help collect for this debt. This is the reason why people by life insurance. The life insurance is supposed to help eliminate this debt associated. Unfortunatly, often times is not ever enough.