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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 you continue making payments on a car loan that is in the name of a deceased parent?

You should find the sales receipt. It might state on there what will happen. Regardless, payments need to be made and you should tell the loaner that she is deceased. You might want to contact a lawyer to make sure things go the way they should. * If the vehicle was not part of the inheritance the lender should have been contacted by the executor or administrator of the deceased's estate. If the vehicle was part of an inheritance then the beneficiary may contact the lender to arrange refinancing or refuse the "gift" and allow the vehicle to be recovered by the lender. In either case, a family member cannot simply keep the vehicle and continue to make payments without notifying the lender.

What should a letter to a credit card company include informing them of a family members death?

Their Account # and full name along with the obit and they may require a copy of the death certificate.

What happens when money is left in a estate and that person is deceased?

The person would have to be deceased in order for the estate to be distributed. If the person left a Will then the terms of such would apply after any debts and taxes have been paid. If the person died intestate (without a will) the state probate succession laws apply.

Who is responsible for the credit card debt of deceased mother in New York who was on her own for over nine years but not legally divorced?

The fact that the couple are still married but not living together is not relevant.

New York is not a community property state, that means each spouse is solely responsible for any debts made that were not jointly incurred.

Can an heir be removed from a trust?

Only by the grantor assuming said person is still living.

How do you find the location of a safety deposit box and life insurance policy of a deceased person?

try your state comptroller office website Safety deposit boxes and insurance policies are private issues and are not a matter of public record. An insurance provider would not release the information without authorization from the executor of the deceased estate or an order from the probate court (POA's become null and void upon the death of the grantor). About the only option is to search through the deceased's possession/paperwork for cancelled checks, bank statment's, policies, account statements, tax returns and so forth.

Can you initiate a deed in lieu of foreclosure before you become late in on your house payments?

You may be able to initiate it by discussing the situation with the lender and getting it to agree to allow you to give a deed in lieu of a foreclosure. It will be up to the bank and each lender has its own requirements.

If your deceased father is being sued do you have to pay if his estate is exhausted?

No, but any properties or such things as cars, boats, etc., will be sold and creditors are paid off. These were your father's debts and unless your mother is living then that's the end of it. If you mother is living then she is responsible for the debts and will have to appear in court. You are not responsible unless you have signed as cosigner for a loan or any properties or articles such as a car, motorhome, etc., are in both your names. * In the US a deceased person cannot be sued. The creditor must make a claim against the estate. Debts are paid according to their priority and to the extent of non exempt assets belonging to the debtor. Only surviving spouse's who lived in a community property state at the time of the death of the other spouse are sometimes not always, responsible for debts incurred solely by the deceased. Respond to the law firm filing the suit with the case and docket numbers of the probate filing.

Can your spouse collect your retirement pension after you die?

Yes, if you are legally married, the survivor is usuallyentitled to continue to collect the pension. although at a reduced rate, than when the pensioner was alive. In certain cases, the pension dies with the person named in the paperwork. Check with the pension provider.what is considered legally married.is common law considered legalley married?

In Florida what rights does a child have to a deceased father's house if there was no will and his girlfriend is a joint mortgage holder?

You have some rights to inherit your fathers property - if it is his property and in his name - and the girlfriend may have part ownership or should have if she has been paying on it. See a lawyer. * When a person dies without a will the deceased property and asssets are distributed in accordance with the state's probate succession laws. Ownership is real property is determined by how the property is titled the names on the mortgage agreement only indicate who is responsible for the debt. The wording of the property deed determines whether or not the property is subject to probate procedure and partitioning.

What happens when there bills but no money or property to sell and the person dies?

Check with an attorney on this...however, speaking from experience if the person is an unmarried/widowed parent the bills just don't get paid. The children of the deceased are not obligated to pay them UNLESS they are on the accounts too. If the person was married and the spouse is still alive then the spouse becomes responsible in most states. There is lots of information on the Web regarding these questions...I have found a ton of information here in the last few months regarding this. Also, most attorneys will give you a free consultation. Don't sweat this. It's bad but it's not the end of the world...it happens.

Should an heir sign a release form relieving estate executors from having legal action taken against them in relation to the handling of the estate?

A person should never relinquish their right to pursue litigation unless they are completely informed of the circumstances and understand the consequences of the act. Even so, it would be prudent to consult with an attorney before agreeing to anything. Heirs and other interested parties can and should obtain a copy of the will or the terms of probate estate distribution before they take any action whatsoever. If executors refuse to supply a copy of such, then a request for the document(s) should be made to the probate court of jurisdiction.

It should be pointed out that signing a release, or some other form of receipt from those receiving assets, is a normal part of the probate process in order to document that the assets went to the rightful heirs. It is one of the final steps in closing the estate once the distribution has been made. Generally, the refusal of any heir who refuses to sign a release can be addressed by a notice published in the local newspaper that the final account has been submitted for approval. That heir would need to object at that time in order to be heard.

What are the Michigan laws when a beneficiary dies before the policy holder?

I assume the policy holder is the insured? Has the insured died? If not, It is time to change beneficiaries. Seek out the help of your agent to make sure you choose a properly named beneficiary. If the insured has died, there would have been a contingent beneficiary. All you need to do is contact the claims department of the insureds insurance company. If you are not the policy owner or the beneficiary, you are going to be limited in what info you can obtain but you can initiate the claim. 4lifeguild

What power does a trustee have over real estate My father left me his home in his will and left my brother as trustee over the inheritance What privileges does this give my brother?

He has to abide by the laws in the State you are in and that includes what the Will declares. If you are to get the house then you get the house. Usually Wills are probated to be sure that all personal/property taxes are paid off and this includes all creditors are paid in full. What is left is called "Residue of the Estate." You also have a right to a copy of the Will and if your brother refuses to give you one, then get a lawyer and demand one.

What is inheritance tax?

Inheritance Tax is a tax which can arise where a beneficiary receives an inheritance as a result of someone dying. The beneficiary is responsible for paying the tax. An inheritance can be taken under a will or intestacy - or in some other way such as, for example, where an asset in the joint names of the deceased and another person is taken, on the death of the deceased, by that other person as survivor.

Are adult children responsible for the medical bills of a parent?

Only if they signed an agreement promising to do so. Admittance forms into a hospital, medical facility, nursing home, for medical procedures and so forth are not considered financial agreements to pay costs incurred unless they state otherwise, if so, the presenter must inform the signer of the obligations attached.

Who is responsible for credit card bills after someone dies?

When someone dies and leaves a debt for which there is no co-debtor, the decedent's assets may be used to pay the debts. In many states, a proceeding called a "probate" is the avenue whereby the assets of the decedent are collected and either liquidated to pay debts, or if the debts have been paid, distributed to heirs.

Are life insurance policies taxed?

Death benefit proceeds are tax free with properly designated beneficiaries. In cash value policies the cash values could be taxable depending on how you access the money. Generally this is any amount over and above the premiums paid during the lifetime of the policy. 4lifeguild

How are credit card companies notified of the death of an account holder?

Their family members call them up and tell them you're dead. The estate of a deceased individual is required to notify all possible creditors that the individual has passed away and that the creditor must make any claims against the estate. This would include all credit card companies.

Can your sister continue to reside in a home that was bought for her by our deceased father if he willed it to her and he was the only mortgage holder?

Provided the estate is solvent, she should be able to obtain the title to the home, subject to the remaining mortgage. She can remain in the home, but will have to satisfy the finance company's lien on the home through a new mortgage or paying it off. There may be additional clauses in the will directing that the mortgage be paid off by the estate. The executor of the estate, or their legal counsel, will be able to answer these questions.

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