Estates

First of all, there is no "executor" of a trust even if the trust was created in a will. The administrator of the trust is a "trustee". Second, the answer most likely lies in the trust document itself. The terms of the trust will usually spell out the powers of the trustee. If the trust gives the trustee full power to sell property at his/her own discretion, as many trusts do, then the trustee can sell land without the beneficiaries' approval. If the trust does not spell out the trustee's powers, then you look to the laws of the state where the trust was created. Every state has laws that specify what trustees can and cannot do if the trust does not so specify. Some states give trustees full power to sell without interference from beneficiaries. Some states require the trustee to ask for court permission to sell land. When they go to court for this, the beneficiaries may object and the court will decide if the sale is proper or not.

That depends entirely upon the terms of the trust itself. Most such trusts, if they are properly written, have provisions for what happens when a trustee or beneficiary dies. If this trust is for the benefit of several family members equally, then the trust most likely simply continues on for the benefit of the other beneficiaries. If the trust is for the spouse for his/her lifetime only, then it would most likely terminate with the money left over going to other named beneficiaries. Ther are too many other possiblities to go into all of them here. Suffice it to say that the answer lies in the trust itself. You need to read the terms and provisions in the trust document to determine what happens when one spouse dies.

You should seek the advice of an attorney who is familiar with trust law in your state as well as the rules of the IRS. See the link below.

When a devisee in a will dies before the testator and the will has not been amended the language in the will must be examined to determine who is to receive the deceased sister's share. The will may direct that her share will pass to her children, to her siblings or back into the residuary of the estate. You should seek the advice of a probate attorney in your area.

That depends upon how the person owned the home, whether jointly or alone. I'm assuming the person has sole ownership. When there is no will, a decedent's property passes to his heirs according to the laws of intestate succession. Each state has such laws and they may be different from state to state in small ways, so it's vital to check the laws of your state. The laws of intestate succession will specify who receives the property and in what shares. These shares will differ depending on who survived the decedent. I won't go into those differences here because they are beyond the scope of the question.

The property passes to the heirs by way of intestate succession. Each state has laws that define who the heirs are under different sets of circumstances. These laws may have small variations from state to state, so you have to check the laws of the state where the will was probated to see who actually gets what and in what percentages. For example, the distribution of property when the father is dies with all his children living will probably be diferrent than if one of his children has predeceased, leaving children of his/her own. Check the appropriate laws.

The property will become owned by the state in which the property is located. When this happens we say the property "escheats" to the state.

If they are not specifically mentioned in the will, they pass pursuant to the residuary clause to the person/persons who get the residuary of the estate. These items are usually divided among the residuary beneficiaries as they may agree to do so. If they cannot agree, then the items are sold and the proceeds distributed equally.

Not on that ground alone. Most states have no restrictions on that sort of thing. A will contest must go to the validity of document, not the treatment of beneficiaries.

A w-9 form is used to obtain your SS number for purposes of reporting income you have received such as inheritance to the IRS. This form is usually sent to you by the company or person who distributed funds to you. Do not send the completed form to the IRS. Instead, return it to the person who provided the funds. They will send the form to the IRS noting the amount of funds they distributed to you. Not all states require you pay an inheritance tax, so be careful.

Hopefully he had a signed "power of attorney" on file with his doctor or lawyer. Without an official legal document, the process may be overwhelming, so it's best to consult with a lawyer for legal advice on this matter.

Predecease means you die before them, which would mean they get the money as you wished. If they die before you, the secondary beneficiary gets the money. It may revert to your estate at that point if no one is named. Your policy should have the specific clauses as to what and how succession happens.

Yes, it is very common that a member of the family be named as executor.

The trustee of a trust is obligated to carry out the terms as they are set forth in the trust instrument. The trustee may exercise only the powers set forth and must distribute the income from the trust only as directed in the trust instrument. If the trustee acts in conflict with any provisions set forth in the trust they have breached their fiduciary responsibilities. If the trust is supervised by an attorney or on file at an attorney's office then make a complaint there first. You should ask to have a copy of the trust instrument if you are an interested party. The trust instrument may contain provisions for removal of a trustee. If none are provided you could petition the appropriate court to have the trustee removed and a successor trustee appointed. In Massachusetts that petition could be filed in probate court.

Yes, in fact it is the obligation of the estate to collect all valid debts owed to the decedent. Debts owed to a decedent are considered assets of the estate. The estate's representative has authority to demand that all debts owed to a decedent be paid to the estate. If the debtor refuses to pay, the estate representative has legal power to sue to collect those debts if it has to do so.

It is better to let a banking institution deal with this. This happened to my husband and his younger brother. The inheritance was held up because of Probate. Instead of loaning his brother the money out of his own pocket he and his younger brother went to the bank and produced the death certificate and a copy of the will to the bank and they loaned his brother the money (after he signed papers that what money they loaned him came out of the inheritance right off the top.) The bank compounds the interest rate. If you personally loan this family member the money then you may get stuck with paying it. Try doing the above and keep it between the family member and the bank. You need to establish 3 key points 1. The loan amount. 2. The interest rate. 3. The time agreed to repay you the loan. Let's say $100,000 at 5% and it must be paid back in 10 years. Without going into all the calculations (I'll post the link for you) The repayments would be $1060.67 per month for 10 years. http://www.anz.com/common/calculators/loanrepayment/exampleau.asp#profile

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atlanta - Houston the scientist arent sure

You need to have a deed of trust in the event that you die. Therefore if you want to leave people things or give people the power over your assets it will be taken care of. If you have one of these there won't be any confusion in the family as to who has what.

This would be very hard to prove. Ignorance may be bliss but it is no excuse. If there had been a question about the contract they should have asked questions prior to signing it. If there was an attempt to cheat the person who signed it by confusing the issues or misleading them, then that is illegal but you must be able to prove it.

If the partners were married the spouse is entitled to a share of the property by law. You can check the laws of intestacy in your state at the related question below. Children or other relatives of the deceased may also be entitled to a share.

Multiple Inheritance : we can inherit more than one class in the same class. Multi-Level Inheritance: where one class can inherit only one base class and the derived class can become base class of some other class.

It is highly unlikely that a bank will cash a check written by a deceased person. The bank has no way to verify that the check was written before the death.

This varies state to state depending on how formal each one handles its estate procedure. It could also vary depending on the reason for the reopening. In New Jersey, estates are closed rather informally. If an estate needs to be reopened if more assets are found and need to be distributed, the court will issue new documents just upon request from the executor/administrator by letter for the additional documents. States where close-outs are more formal, as where a court enters an order declaring it closed, may require an application to the court to re-open it. You have to check your state's laws and rules.

this depends on the will that was made before the person passed away.but as an African the assets automatically go to the spouse and the kids unless they have left instructions .As an African everthing is given away including garments.