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Estates

Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.

6,325 Questions

Can a contract become null and void due to one party not understanding what exactly it was that they have was signed?

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.

Who is entitled to a property where the partner has not been living with the deceased for over 17 years is the next of kin entitled to anything?

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.

What is the Difference between multilevel and multiple inheritance?

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.

Can a check written by a deceased person be cashed?

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.

How do you reopen an estate?

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.

How does an inheritance get distributed?

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.

Does survivor of joint account pay inheritance tax or does the estate?

This question has several answers depending upon what the will says and what the inheritance tax laws of the estate's jurisdiction say. In New Jersey at least, the "inheritance tax" is a tax on what a person inherits from the estate. For this reason the tax is payable by the person who inherits the property. Despite this rule, a person may provided in his will that the estate shall pay all inheritance taxes that have to be paid. It's the decedent's choice; but if the will says nothing about the estate paying the inheritance tax, then the beneficiary pays it. Its very important to check your particular state's laws on this matter. Sometimes this issue is unclear and gets decided on the basis of very subtle language in the will. That's when lawsuits start. See a probate lawyer who has experience and knowledge in how past court cases have decided cases like yours. Plus, if you are the person making the will, and you want one way over the other, then be sure your will is drafted with the proper language so there is no mistake later on. And just in case I misunderstood what the questioner really wanted to know, let me add this. A joint bank account will probably be treated just as if it was given to the surviving joint owner via a will. Joint bank accounts, "in trust for" accounts and "payable on death" accounts might incur inheritance taxes just as if the accounts had been given by a will. There is this exception to that rule: The inheritance tax on a joint account is calculated only to the extent that the money in the account is the decedent's. If two people each contribute half of the total amount of the account, then the survivor would pay inheritance tax on half the account. If the decedent is the only contributor to the account (meaning all the money in the account is the decedent's) then the inheritance tax is calculated on the entire amount. Again all depends on that state's laws.

Your brother and you were left life rights on mome of mother but will did not name any beneficiary after that what happens to property when your brother and you die?

If the will only gave life estates to two children, then upon the deaths of those children, the home would go to the persons who receive your mother's residuary estate under the will.

Can the surviving spouse of the deceased husband continue to receive mineral rights income he had inherited?

Typically the spouse will inherit the property of a deceased spouse. A will may assign things to other beneficiaries. Consult a licensed attorney in the state in question.

Do both your spouse and you need a will?

Each individual needs a will or standard procedures dispense the estate of the diseased.

What happens to the winnings of a deceased Massachusetts lottery winner?

In some states the money will go the estate of the deceased winner.

How much money can a parent give a child?

Given the question, the my opinion is that the question is the rethoricial: how much wood can a wood chuck chuck? To adjust the question: 1) how much money can an indivual person give another individual without being required to pay gift taxes, or file a gift tax return? 2) How much money does a parent have to give a child? And then, all, is good idea, on the otherhand, none workes in most states. On the other hand, if the question merely deals with annual tax free gifts: on $10,000, without the filing of a gift tax return, nothing. Obviously, it deals with your situation, if you got that much money to worry about taxes, and such, why dont you just get a tax planner or an estate planner? Or seriously spend some time on the web asking lots of quetions, and understanding that paying for advice is cheep when you need it. Nothing personal, but from the quetion, you appear to me to be seriously penny wise and pound cheep. (I'll be back with links later)

How to find out if my deceased spouse had a life insurance policy?

Try the below steps. I hope that this helps. Good Luck

1. If you have access to their personal records, go through old bank statements or canceled checks to see if they paid any insurance companies.

2. Did they have a personal lawyer or accountant who may have known about any old policies?

3. Talk with a past employer about any group life insurance policy that may have existed.

4. Get in touch with the Medical Information Bureau. They track all requested medical records by insurance companies for the past 7 years. So, if they took out the policy during this time period, most likely the MIB will know about it. You can find more information about them online.

5. Look at the mail that continues to be delivered after the person's death. If it was a policy that was still being paid for, you'll see premium notices.

6. Look at income tax returns to see if interest dividends on any life policy were claimed.

7. Contact find lost life insurance policy through their website. They will do a search and find the policy for you.

There is no time limit on claiming the benefits of any missing life insurance policy that you are the beneficiary of. It can be 25 years later and the company will still pay you the proceeds.

Will the house go into probate if one spouse dies and both names are on it with a mortgage?

It will not go into probate if the house was purchased by them as husband and wife as tenants by the entirety or as joint tenants. Both spouses own whole interest together so that when one person dies the survivor becomes the sole owner. The deed does not even have to be changed.

Can the sole trustee order the beneficiaries to clean and ready for sale the estate home?

This question has many implications and possibilities. For example, if the beneficiaries had been living in the house and created a mess, then they may have to clean it or pay for the clean-up. Even if the beneficiaries were responsible for any mess, they cannot be ordered to do the physical work. Slavery was abolished long ago. Another item to consider is whether the trust document itself requires that they themselves clean the house. But even there, no one can make them do the work itself. There would probably be some penalty against them if they refused to do something the trust ordered them to do.

What is the executor of a will?

The executor of the will is the person appointed by the court to distribute the estate according to the terms of the will and the state probate laws.

My spouse died and the house was just in his name there is no equity now but there is still money owed how do you get the house in your name the company still send the bill in your husbands name?

Contact the mortgage company. They may work out a new loan in your name. It may be necessary to contact an attorney about your rights in your specific state.

How does a nephew of a childless deceased access the bank account without a will?

They don't. He has no right to do so. However, what he needs to do is to open an estate. If there are no objections from other possible heirs, he can be appointed as executor. The executor (whether it is a volunteer or court appointed) will be given a letter of authorization that will allow them to access all of the resources of the estate. There are requirements for record keeping and notification of others, as well as reports that have to be filed with the court. And the executor can be paid for their efforts. Consult a probate attorney in your jurisdiction for further information.

If you die -have no assets and owe for credit cards who has to pay the bills?

If one dies with no assets, not impossible in a small estate, then as a general rule there is nothing to pay debts with period; a credit card creates a debt; when a person dies, his estate is supposed to be distributed according to specific state rules; the rules create an order for the distrubution of assets. Where there are no assets, obviously the rules of order dont apply. In most of the states in the United States of America, debts which are incurred (gotten) in the name of a dead person while alive are debts to the estate, not to the living, unless there is a certain kind of fraud and it can be shown. In less than lofty language, as a general rule, where there are no assets, creditors eat the debt. (Which is one of the reasonx, creditors tend to limit debt to that which they feel comfortable in expecting to get back.For example, in this particular economic and financial climate, creditors and lenders are more interested in what they get back rather than what they get. In short, if the dead owe the debts, then the creditors have to look to the dead for the debt. Not the living....

What is GST tax?

GST or Goods and Services Tax, is a tax which combines various indirect taxes being charged by Central and State governments, which resulted in multiple receipts/payment/compliance being needed for multi-state business.

GST is a comprehensive indirect tax on manufacture, sale and consumption of goods and services throughout India (Except state of Jammu and Kashmir), to replace taxes levied by the central and state governments

What are executor's fees in Florida?

The executor's fees in Florida may vary. However, generally the executor's fees in Florida are around 1.5-3% depending on the amount of money.

Collecting Funeral expenses?

You can pay funeral expenses out of an estate. You are allowed to be reimbursed for these expenses when the estate is being settled.