Estates

When drafting your will you have the opportunity to provide explicit instructions for the distribution of your property. If you have two children and you devise your property to them in equal shares you may direct that if one predeceases you then her share will go to her brother. If there are grandchildren you may direct that if your son predeceases you then his share shall pass to his children. If your son has no children but is married you may direct that his share shall pass to his wife. If you don't explain your wishes in your will then statutory provisions may decide who gets what if your beneficiaries predecease you. A probate attorney has the expertise to translate your desires into a properly drafted will. You should seek the advice of a probate attorney in your area.

If the executor is not performing his/her duty according to the will then you should immediately file a motion with the court to have him/her removed. State in your motion the damages that have occurred due to the misbehavior of the executor. You should contact the attorney who is representing the estate for assistance.

If the person is competent but unable to write they can make a mark in front of witnesses who then sign the document. In some jurisdicions a statement must be made to explain why the mark is used instead of a signature. You should seek the advice of an attorney in your area who will be able to explain your options and draft a valid POA for you.

In terms of who is 'entitled', who ever paid for the cemetery plot.

In terms of who is responsible, it depends on..you guessed it, who paid for the plot, and whether maintenance was included.

In some cemetaries, you pay an annual maintenance fee for ol Granpa Harry's spot. Other times, when you buy a plot, the price includes lifetime (well, ..not really lifetime..ha ha) maintenance.

Generally yes. If the contents belonged to the decedent then they would be part of the estate. All the contents may not belong to the decedent if the property was rented to the decedent or rented by the decedent to someone else. If another person lived with the decedent some of the propery may belong to that companion.

Yes.

No, Death claim proceeds are tax free including Dividend. If there is any interest paid on death claim proceed due to delay in death claim settlement, then paid interest can be taxable.

Yes, nothing prohibits the executor from receiving part of the estate. In fact, it is more common than not for the executor to receive something, as for example, where a husband leaves his estate to his spouse and makes her his executor.

Generally the language in the will directs how the estate will be distributed provided that the will was carefully drafted by a competent attorney. A gift to a deceased beneficiary may pass to her/his heirs, her/his siblings or may lapse and pass into the residuary of the estate to be shared by all the other beneficiaries. The testator has the power to decide while the will is being drafted. If the testator has died you should have the will reviewed by an attorney to determine who receives the share of a beneficiary who predeceased the testator. If the will has been filed for probate then speak to the attorney who is handling the estate.

You need to be appointed Administrator of the estate.

The property passes to the person's heirs at law by the laws of intestacy. If the property was owned with another person as joint tenants with the right of survivorship or as tenants by the entirety the interest of the decedent passes automatically to the survivor and bypasses probate.

You can check the laws of intestacy for your state at the related question link provided below.

The "estate" or the heir.

But the heir's responsibility is limited to the amount of money in the estate. In other words, the heir does not become responsible for all the debts personally as if they were his own.

The estate, but not the heir. The heir has no liability for the debt - the debts might only go to reduce the amount the heir might get.

Usually the filing of the death certificate with the title is enough to insure title is transferred. The executer of the estate will usually take care of getting the title transferred.

Only if the beneficiary to the plan is the estate. If the beneficiary is a person and not the estate, the asset passes to the person. It may still be subject to the decedent's debts, however, unless it is exempt such as in Texas. Of course, the bank would have to know about it to pursue collection.

The answer is yes. When someone dies and their debts exceed their assets the estate is deemed to be insolvent. State laws usually provide very specific requirments for handling insolvent estates. There is a specific priority of payments of debts and claims. The fiduciary must follow those requirements carefully.

Around $100,000

Yes. The trustee may request a copy of your marriage license in order to document that your maiden name and your married name indicate one and the same person. The trustee may need that documention for their own file for verification that they distributed to the right person if you want her/him to make your distribution check payable to you under your maiden name. Also, if an inheritance is involved you may need to sign some sort of a release when distribution is made. You can sign by using your married name and add AKA (also known as) your maiden name. It's not a big problem and can be taken care of when distribution is made.

The amount of money you receive from your parent's estate is set forth in the will. In some cases a specific bequest is made to each person. In other cases the heirs are treated as a class to "share and share alike". You may be more comfortable with the process if you read a copy of the will and review the inventory of personal and real property that has been filed by the executor. If the will has been filed for probate those documents should be available for your examination at your request. Someone at the probate court could assist you.

A life insurance trust is an irrevocable, non-amendable trust which is both the owner and beneficiary of one or more life insurance policies. Upon the death of the insured, the trustee invests the insurance proceeds and administers the trust for one or more beneficiaries.

(Moved from discussion comments below)

As I am not a lawyer or a legal professional, this answer should be considered subject to error, and temporary until a professional improves it. First, the laws of the state in which the decedent lived will dictate the answer. IF it is a community property state, and unless there is conveyance evidence to the contrary, the surviving spouse should be entitled to an undivided one halfcommunity interest in the property. The other half interest would we apportioned in accordance with the decedents will. In the event that the decedent died "Intestate," meaning without a legal will, then the heirship laws of the state would specifiy the apportionment of that second half of the property, and other non-community interests to any other legal heirs. The decisions regarding All of these points, and others, are determined by the Judge of the Probate Court [or what is called Succession Court in Louisiana].

In most jurisdictions the niece and nephew would need written evidence to convince the court that their uncle intended for them to inherit his property. A promise to devise real estate must be in writing. If he failed to execute a will then his property will pass to his heirs at law according to state intestacy laws. If he had no children and his parents are deceased then his share may pass to you as his next of kin. (Ask the question "Who inherits in an intestate estate?" for a link to state intestacy laws.)

Generally, yes. The purpose of a trust is to transfer title to the property to the trustee. The trustee manages the property according to the provisions in the trust. The beneficiaries do not "have access" to the trust property only the proceeds therefrom as set forth in the trust instrument.

Any and all powers and obligations the trustee has should be explained in the trust instrument. You should obtain a copy to help you understand what they trustee can do and what your rights are as a beneficiary. If you think the trustee is acting in conflict with the trust you could contact an attorney in your area for advice and options available to you.

An estate executor is a person who executes a deceased person's will and disposes off his estate as per the guidelines of the will. He has many duties and Ontario law allows an executor to charge for his services. The amount of fees depends on the magnitude of the estate and extent of duties to be performed by the executor. Generally fee is charged according to the following guidelines. 1. 2.5 percent of the total value of capital receipts of the Estate, 2. 2.5 percent of the total capital disbursements of the Estate, 3. 2.5 percent of the total revenue receipts of the Estate, 4. 2.5 percent of the total of revenue disbursements of the Estate or 5. Annual fee of 2/5 of 1 percent of the average annual market value of the capital of the Estate.

The address seems to match up but i am unable to find a james harper for head of foreign operations at the moment although i doubt very much that barclays has an account with am aol address barclays bank.com will get you to the correct page easily enough As I think most will know, this is part of a scam, wether or not there actually is a person at Barclays Bank with that name, the person using these details is a scammer. James Harper - barclaysbank@aol.co.uk

Foreign/Local Operations

Barclays Bank PLC

Office: +44-7045734811

Fax: +44-87-1715-3983 If you have recieved an email from him, your best course of action would be to delete it and block the sender. You could visit www.scamwarners.com if you would like any advice on advanced fee fraud and yes, banks dont use free email providors to send out random emails to strangers to tell them they have a load of money sitting in the bank. Nor will a bank use Western Union to receive payment from customers in order to receive these (NON EXISTENT) funds.

126 is 100 percent. 126/100 = 1.26 is 1 percent. The number 22 is 22/1.26 = 17.46 percent from the number 126.