Estates

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.

An executor may take, on an annual basis, corpus commissions of one-fifth of 1% of the value of the estate. An executor may apply to the probate court for an allowance of more than that if the circumstances warrant it. Otherwise, the executor waits till the conclusion of administration of the estate. In practice, though, if the beneficiaries do not object, an executor sometimes takes more than that each year. The accumulated amount of the annual commissions taken, even with court approval, may not exceed the total amount the executor is allowed. Executors are also entitled to commissions on the income the estate produces. Unlike corpus commissions, income commissions may be taken in the full amount allowed as the income is earned.

Not legally! It would be fraudulent to use them after the holder dies and can lead to legal prosecution.

A child born after the death of the father is called a posthumous child and would inherit under the intestacy laws of the state where the father's estate is probated. The court would appoint a Guardian Ad Litem to protect the interest of the child. According to Section 6402 of the California Probate code the child would inherit the estate. See link below.

In most states, in the process of creating a life estate an owner of real property conveys the property by deed and reserves a life estate for himself. The owner has effectively conveyed the fee to the land and title is now in the grantee. You, the life estate holder, have only the use of the land and the right to occupy it. You do not have the right to cause any damage to the property. You may need to ask permission to build a garage since the owners may consider it undesirable to attach a structure to the existing dwelling. If you built a garage on property for which you own a life estate you may be able to move it off the property during your life but only in such a way so as not to cause any damage to the property. If not then it is part of the real estate. You should seek the advice of an attorney in your area who can review your reservation of your life estate and any other rights you reserved to yourself in your deed. However, the bottom line is that your children own the garage.

The estate fiduciary should call the bank and ask the customer service rep for advice about receiving the rewards. Have the account number handy and perhaps the last four digits of the decedent's SS number. Rewards were earned by the decedent and should be paid into the estate. They will also want the account paid off by the executor or administrator and then closed. You will need to furnish proof of death of the account holder and perhaps a copy of the "Letters Testamentary" of the fiduciary.

No. The only thing that affects the validity of a will is whether or not it was executed in conformance with state laws, whether or not the testator had the requisite testamentary capacity and whether or not there was any fraud, mistake or undue influence. The misspelling of a name might be a flag or evidence of lack of testamentary capacity, if that name is one that the testator never would have overlooked if he/she were fully aware of things, but in and of itself would not be proof of lack of capacity. There are many explanations for misspelling of names that have nothing to do with validity of the will itself.