Estates

It is possible if it meets the requirements for the appropriate jurisdiction. A holographic will (Handwritten) can be valid if it is signed and dated.

The right to inherit has nothing to do with who was named executor. The right to inherit remains valid with all of the children. Consult a probate attorney that knows the laws for your state. ==Another Perspective== The court appointed executor has the obligation and authority to settle the estate. Only the executor has the power to manage the assets, transfer property, close accounts, sell real estate, etc. The executor must follow the provisions set forth in the will. However, all the powers of the office may be carried out according to the discretion of the executor without any interference by the beneficiaries. If the beneficiaries have questions concerning the executor's role they should first contact the attorney who is being paid to handle the estate.

No. A Power of Attorney expires immediately upon the death of the principal.

"Rights" may not be the appropriate term. A beneficiary has a "claim" to the estate, arising from their inclusion in the will. Anyway, to get to your question, a beneficiary should be given a copy of the will, so that they may view their entitlement, and the entitlement of all the other beneficiaries. Also, the Executor should contact you and inform you of their progress administrating the estate. As a beneficiary, you may have legal recourse if you do not think the Executor is administrating the estate correctly.

States like North Carolina have it. It means is that if you get arrested on a similar charge within the following year from your court date, your first charge will be put back on your record, regardless of its current condition.

A POA is primarily granted to another who can sign documents and carry on daily business for the convenience of the principal while they are alive. It expires at the moment of death. It gives no special rights in the estate of the deceased principal.

Matters of probate are controlled by the laws of the state in which the decedent lived. Therefore, you should contact the office of the clerk of the probate court to obtain information on the procedures for filing for executor or executrix of the deceased's estate. ==Clarification== If the decedent died intestate the surviving spouse must Petition the probate to be appointed the Administrator of the estate. If there is no will then there is no executor.

A power of attorney has absolutely nothing to do with an estate. All power of attorneys expire on the death of the grantor.

The individual has his or her will amended to show the new named executor or executrix. The amending will need to be witnessed and notarized (preferably) in the same manner as the original document, but not neccessarily by the original witnesses.

An executor or executrix who has been appointed by the probate court or was named by the testator (testrix) must be relieved of the responsibility through the court.

Unless specified otherwise in the will, an executor is entitled to compensation for their work. Anything they inherit is a separate accounting.

Generally, you must be qualified under your state law to petition to be appointed the Administrator of the estate. In most jurisdictions that means you need to be either an heir or a creditor of the decedent. If you are qualified then you file a Petition for Administration with the Probate Court. You will need a certified copy of the death certificate to accompany the Petition. When the Petition is allowed you will be appointed the Administrator of the estate and the court will issue Letters of Administration. After the appointment has been made you will have the authority to administer the estate and will be required to perform all the tasks required of an estate Administrator.

Warning! An irrevocable trust is not created when the grantor (trustor) is also the trustee. By transferring their property to a trust of which they are the trustee the grantor has retained control over the property. Irrevocable trusts are usually set up for tax purposes. The grantor cannot retain any control over the property in order for the trust to qualify as an irrevocable trust. The trust you describe has failed and left the trust property exposed to creditors and taxes. You need to consult with an attorney who specializes in trust law and tax law.

There is no law that the eldest takes over the estate. It's up to the family to decide. The youngest may be the best choice if they have strong organizational skills and have the time to act as administrator. An executor is appointed when there is a will. Whoever is chosen by the family must petition the court for appointment. Once appointed they will have the legal authority to handle the estate.

Under the NY EPTL, trustees are entitled a fee for the execution of their duties with regards to a will. The exact fee amount is divided into tiers, depending on the value of the estate being managed.

It depends upon the laws of the state in which the person resided at the time of death. In many states where a will does not exist the surviving spouse "automatically" becomes sole owner of all personal and real property aquired during the marriage. Other states have laws in which the children of the deceased parent receives a portion of the estate when no will exist.

The best option is to contact an attorney who practices in the field for information regarding the governing state laws.

Yes. In order for title to real property to pass to the devisee the estate must be probated. You will not become the legal owner of the land until the will is allowed in cour, an executor is appointed and the probate process is completed. You should seek the advice of an attorney who specializes in probate matters in order to clear the title to the property.

Nevada law states that there is no statute of limitations on past due child support. I have a 1986 judgment for past due child support and attorney fees. I was threatened for years by my ex-husband. He never re-married but had a subsequent child whose mother made sure that she received child support.

He recently died and has three pensions. Can I file a claim against his pensions for past due child support?

No, generally, an agent under a POA cannot make changes to testamentary instruments (wills). Once the testator has died the POA is extinguished and the named executor must be appointed by the court. Besides the testator, while living, only a judge can make changes to a testator's will.

With regard to state taxes, it depends on the state in which you live. In some states, the death benefit from life insurance passes outside the estate and directly to the named beneficiary. So there is not tax. For federal tax The policy has a value at the time of death. That value is included in the estate,

That depends on how the property was titled. If your father transferred the property to himself and his wife as joint tenants with the right of survivorship and he died then she would have become the sole owner. Upon her death her children will inherit the property unless she executes a will leaving a portion to you.

Perhaps, it depends upon the probate succession laws in the state where the property is located. This would only apply if the stepfather does not leave a will indicating the beneficiaries of the property.

Yes, as long as they are not doing so to avoid judgments by creditors, foreclosure, judgment award for liability and so forth.