Can I file my deceased father's Tax return?
The person who is designated as the Administrator or Executor of his estate is the one who has the right to file this return and to negotiate any refund check if one is due. The return must be filed and the type of return is a Decedents Return. Only the person authorized in the will and by the local Probate or Magistrate Court is able to take care of these matters.
How do you close a credit card after the death of the cardholder?
Send the company a letter along with a copy of the death certificate. If there is an estate, the balance will need to be paid. Check with your lawyer for varying circumstances.
What education do you need to be a family trustee?
A trustee doesn't need advanced education. However, she needs to be business-like, trustworthy, a good record keeper and not a procrastinator.
not sure of Louisiana
Is an executor obligated to keep heirs informed of court proceedings of estate?
An executor is obligated to keep heirs informed of court proceedings of an estate. Information should be sent by first class mail or certified return receipt for proof of notification.
No, the spouse is not responsible. However it does come out there assets left behind.
If you have a joint bank account and one person dies is the money taxable as income?
No, the money isn't taxed because it is already in the hands of the people on the account. As a person on the account you only need to withdraw the money.
How long do you need to keep records after someone dies?
In simple language, you keep records after someone has died, forever. If you are lucky, a person after your death will find the records and discover that which occured which you knew and the deceased person knew, but was all lost when they died. Not just the personal events of the dead, but the whole of the culture. Your deceased was because you kept the records and somebody after you got them; the records tell the future as much as letters from the Civil War, in the United States of America, as letters from grandparents, dead for 50 years, tell their grandchildren who they were and how they felt about each other, and notes, and scrambled papers, and old documents, like those I discovered yesterday, actually, yesterday, that my father who died in 1965, and my mother who died in 1998 both produced with the help of an accountant in Atlanta or somewhere: documents from a 1958 joint income tax return. I was a high school senior when that tax return, and its supporting documents were filed. I knew nothing of the doucment. I found it in a pile of documents, piled in a room, and forgotten, but by a dead mother who never threw anything away. That, of my life, long gone in youth, retured. And the concern of my father, with burning tobacco barns, tomato plants planted, his feeling that he did not have funds to give me XXX dollars to go to the Grand Canyon became as clear and painful to me, now, as it was to him. then, fifty years ago. I pay taxes now; I know the costs of a family, and I would have never comprehended his view of the world, but for the records, just placed in a pile and a box, with a side falling off from age and glue and gravity. So the answer to your question: you keep records forever. Oh, if you are talking about record keeping for various legal purposes.... I'll have to get some sites for you. Frankly, records are forever.
If a testamentary insturment, as a purported will, is not signed, there is a good chance that it is not a will. On the the hand, back to jurisdiction, the legal concepts of dependant relative revocation, and that particular jurisdictional view of copies, documents and other indices of testamentary intent just have to be reconded with. Again, "what if a will is not signed?" Well, it might not be a will. Check with your local probate court. (Once more: jurisdiction, jurisdiction, jurisdiction)
When the policy holder dies, the money goes to the beneficiary. If the beneficiary then dies, THEIR beneficiary then gets the money.
What happens if you die without a will?
All states have laws of intestacy that direct the distribution of an estate when the decedent dies without a will.
As an old Professor of mine would point out: NO ONE DIES WITHOUT A WILL. Everyone actually has one. Because, if you don't write one for yourself, the State you die in already has ... of course they probably have different wishes about what should be done.
The laws of descent (similar, but not identical in each State) control what will happen to all of your earthly goods. if you haven't properly specified them in an executed will...no matter how much you think "everyone knows what i want", even if they do...it won't make a difference.
What is the definition of a life estate?
Answer
A life estate is the right to the possession, use and income from a property for the duration of one's natural life. That person cannot leave the property to anyone else in their will. After the life estate holder's death the life estate is extinguished and the property is owned by the fee owners (or remainders) free and clear of the life estate. There are different methods used to create a life estate in different states. Any real property owner who wants to create a life estate should consult an attorney who is familiar with state laws and estate planning who could review your situation and explain the consequences of life estates.
For example, in Massachusetts an elderly couple who owns a home could convey the property by a deed in fee to their adult children. They could reserve a life estate in that deed for each of them. By doing so they could continue to live in the property for the rest of their natural lives and upon their deaths the property would be owned free and clear by their children.
While the parents are still alive, although their children are the fee owners of the property, the children would need the parents' signatures to sell or mortgage the property.
Estate Planning Tool
In the United States a life estate can be used as an estate planning tool. An older person (or anyone) can transfer the title to their property to someone else (their children, for example) and reserve a life estate. That means they no longer own the property but have the right to use and occupy the property for the duration of their natural life. When they die the life estate is extinguished and the property is owned free and clear by the title owners. The need for probate has thus been avoided.
Another common use is for a testator who owns real estate to grant a life estate to a special friend, relative or spouse in their will and devise the title to the property to someone else upon the death of the life tenant. During the life of the life tenant any sale or mortgage of the property by the fee owners would require the consent of the life tenant.
In the case where wealth could be heavily taxed on a person's death, tax laws provide incentives for giving away one's wealth during one's lifetime so as to avoid (not evade) taxes. For instance, if "A" owns an office building that upon A's death would result in significant taxes on A's estate, it may behoove A to make a gift of the building during A's lifetime and reserve the net income for the remainder of A's life. This would make sense if gift taxes would be cumulatively less than estate taxes.
A cousin can contest a will but only if by winning the contest, the cousins will inherit a part of the estate that they would not inherit under the will. In short, the cousins have to have "standing" to contest a will. "Standing" generally means having some kind of stake in the outcome of the case. As an example, assume the will gives everything to the decedent's children and that if the will were set aside the children would get the estate anyway by intestacy or perhaps by an earlier will, then the cousins may not challenge the will because they get nothing even if they are successful. Another situation is if the cousins are the only heirs of a decedent, but the decedent's will gives everything to other people, then they can sue. It is not the status as "cousin" that determines whether they may contest the will. Standing confers that right. Standing comes from having a stake in the outcome of the will contest.
What are reasonable executor's fees?
In addition to all out-of-pocket expenses in managing and settling the estate, Personal Representatives (executors) generally earn a fee of about 2% of the probate estate for their work. (This varies moderately in jurisdictions and generally decreases as a percentage as the size of the estate increases). All fees and reimbursed expenses are subject to court approval.
What are the responsibilities of a beneficiary?
A beneficiary has no responsibilities. They receive the benefit of the bequest or trust. They would be responsible for any tax consequences.
What percentage of executors or administrators charge the estate?
There are no clear numbers on the percentage of executors that charge the estate for their services. Estimates put this number at anywhere from 40 to 75 percent.
Has anyone ever handwritten their Will you have looked at several sites and had forms?
In many states a handwritten will is legal and you don't need to buy or download forms. Whether you use a handwritten will or fill out a form, a will must have not only your signature, but also the signature of any witnesses. Usually at least two witnesses are required and their signatures must be notarized.
Is there a tax obligation for a trust beneficiary?
Generally, income from a trust must be reported. You should speak with a tax professional at tax time.
How do I become an executor of a deceased parents estate?
If there is a will then the person to be executor is appointed by the will. If there is no will or the executor is dead then you need to go and see a solicitor about how to proceed. If the estate is very small there may be government advice on how to proceed (solicitors will charge) - there are usually rules about how to deal with estates below a certain value.
A shekel is an ancient coin that was used both for money and as a weight for exchanges. The weight of one shekel was 180 grains of barley.
If your sister died after she inherited an interest in your mother's home then her share would pass to her heirs according to her will. If she died intestate her interest would pass according the the laws of intestacy. In Massachusetts intestate title to real estate passes according to the laws of Masachusetts even if the decedent lived or heirs live in another state. You should seek the advice of a probate attorney who can confirm who holds legal title to the property.
Does an executor of a will get compensated?
The executor of a will is entitled to fair compensation. The amount needs to be reasonable and well documented. The probate court also has to agree that the amount is fair.
What is the attorney general in charge of?
An attorney general basically has control and supervision over all legal matters in the state they work in. Another duty of the attorney general is to represent the public interest.