Debt Responsibility

yes u do bacause u are married. you now take over the persons debts as his wife

Properly executed written agreements are one of the best forms of evidence in any court proceeding.

Yes, the executor must file taxes. That is one of their responsibilities to the estate.

Under IRC 2032, the alternate valuation date in your example would be the date the assets were distributed to the beneficiaries. The AVD is the date that the property is "distributed, sold, exchanged, or otherwise disposed of within 6 months after the decedent's death" or if the property was not "distributed, sold, exchanged, or otherwise disposed of within 6 months after the decedent's death," the AVD is the 6 month date and the resulting value. Robin Rose Stiller, Esq. OSBA Certified Specialist, Estate Planning, Trust and Probate Law Smith and Condeni LLP 600 E. Granger Road, Second Floor Cleveland, OH 44131 (216) 771-1760 (voice) (216) 771-3387 (fax) (216) 574-2052 (direct dial) RobinS@smith-condeni.com IRS Circular 230 Disclaimer. In accordance with IRS Circular 230, the content of this communication or any attachment is not intended or written to be used, and it cannot be used for the preparation of a tax return, to avoid tax penalties, or to promote, market, or recommend any action. Confidentiality Notice. The information in this e-mail and any attachments is confidential and may be privileged or protected by other rules including, but not limited to, the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521. Access to this e-mail by anyone other than the addressee(s) is prohibited. If you are not the intended recipient, you are not authorized to and therefore must not disclose, copy, distribute, use or retain this or any part of this message. If you receive this message in error, please notify the sender immediately by reply e-mail or by telephone and delete this message and all attachments from any place where this information may be stored.

A married couple share responsibility for all debts. If he is deceased, the estate will have to resolve the debt before she can receive her inheritance.

Yes, but the creditor must be familiar with the rules. There is a specific time after an estate is filed during which a creditor can make a claim. You must file proof of your claim at the probate court where the estate was filed. If you follow the rules, your claim will be paid prior to any distribution of estate assets to the beneficiaries.

Then another person will need to be appointed such as an attorney.

Then another person will need to be appointed such as an attorney.

Then another person will need to be appointed such as an attorney.

Then another person will need to be appointed such as an attorney.

Yes.

First you must do some legal research to see if you have an actionable case in your jurisdiction. If you find that you do then you must be able to prove damages. You will need to study up on civil process in your local law library to proceed as your own lawyer.

The next of kin of the last surviving spouse would inherit under the laws of intestacy of the state where they lived. If the brother is not the only next of kin then someone needs to contact an attorney and initiate a probate proceeding. An estate must be probated in order for title to real property to pass to the heirs. You can check the laws of intestacy for your state at the link below.

Generally, jointly held property passes automatically to the surviving joint owner. It does not become a probate asset so it is not exposed to creditors. However, the situation changes if the creditor attached the property prior to the death of the debtor. Creditors can attach jointly held property while the debtor is living but if a creditor fails to attach prior to the death of the debtor then the property passes to the surviving joint tenant and the creditor is out of luck.

You can't. The funds are the property of the surviving joint owner.

You can't. The funds are the property of the surviving joint owner.

You can't. The funds are the property of the surviving joint owner.

You can't. The funds are the property of the surviving joint owner.

The lack of a probate creates a cloud on the title. No one has legal title. The property cannot be sold or mortgaged until the title is cleared. The estate must be probated in order for legal title to pass to the heirs.

Generally, the parties taking the dispute to arbitration first have an opportunity to choose their own arbitrator if they can agree on one. If they cannot, the arbitration company may give the parties a list of qualified individuals to serve as arbitrators and they may choose an arbitrator from the list. If they cannot agree on one of those arbitrators, the arbitration company will choose one for them.

Other arbitration companies may have different methods.

See the related link below for the American Arbitration Association procedure for choosing an arbitrator.

Open an estate. Consult a probate attorney for the intestacy laws in Maryland. The surviving spouse should inherit the bulk of the estate unless there are children involved, then it may be split.

The property will transfer subject to the mortgage. If the mortgage isn't paid the bank will take possession of the property by foreclosure. However, please note that most mortgage documents contain a 'balance due on transfer clause". That means if the title to the property is transferred the bank can demand full payment of the mortgage. You should consult with your bank before making this transfer.

You cannot do that without permission of the mortgage holder. In some cases they may allow it. Most of the time they will want to draw up a new mortgage and new terms.

The Civil Code of Quebec does not confer any legal status on common law partners. When one dies the other is not considered an heir at law. If the spouses wish each other to be heirs they must each have a will carefully drafted by an attorney naming the other as beneficiary.

Your father had the right to leave his property to his common law wife by his will. If there was no will then his children would be his heirs. You can get more information at the links provided below.

Generally a surviving spouse will only be responsible for debts related to medical expenses of a deceased spouse is he or she has entered into a written contract accepting said responsibility.

Rhode Island is not a community property state and therefore the surviving spouse would not, assuming he or she has not agreed in writing to do so be liable for medical bills (hospital, doctors, etc.) incurred for the care of a deceased spouse. Nevada is a community property state, therefore the surviving spouse might be held accountable for such debts. All assets and debts accumulated during a marriage in a CP state are considered to be jointly owned and jointly owed regardless of which spouse is the receipient of a debt or asset.

No. One of the duties of the executrix is to identify all of the assets of the estate, including any other stocks, bonds, bank accounts and property. Only when a complete inventory has been finished and the debts identified can the estate be closed. You should probably consult with a probate attorney for the state that you are in.

It will depend on the specific jurisdiction. If the child was a minor, yes, the parents get the property. If they were an adult, their spouse and children would get it. And the will trumps any intestacy laws.

Open an estate under the intestacy laws. That will allow debts to be resolved and any remaining assets to be distributed.

The executor has a duty to the estate. The price must be a fair market price and the beneficiary cannot choose what that is.

The appointment of a named executor or replacement of an executor for any reason is under the jurisdiction of the probate court. The named executor can file a Declination if they don't want to accept the appointment and the court will appoint an alternate. The person who wishes to relinquish the office after appointment as the executor must file a motion with the court to be relieved of that duty and the court will appoint a successor. If the executor dies or becomes incapacitated the court will appoint a successor. If there has been misconduct or breach of duty by the executor the beneficiaries may petition for removal and appointment of a successor.