Estates

If they left any property in their own names the estates must be probated in order for title to property such as bank accounts to be changed. An estate of real property must be probated in order for title to pass to the heirs legally.

Yes. Generally that occurs when the decedent owned real property. Title to real property cannot pass to the heirs until the estate has been probated.

In the case of personal property, only such property that remains can be distributed through a probate procedure. If the decedent owned such property as bank accounts or other valuable personal property, an interested party can petition the probate court to be appointed the personal representative of the estate whether the decedent died with or without a Will. The personal representative will obtain the authority to distribute any property according to state laws of intestacy or according to the Will if the decedent died testate.

You should calculate one point four percent of the value of the estate that is to be executed to pay the fees of the estate executioner where the estate is calculated after your demise and ammounts to whatever the estate is worth at the time of your death and not decided upon before you die and the executor will then be paid one point four percent of that ammount Fees for an estate administrator will vary according to the particular state's laws. Since I don't know which state this is in, I cannot accurately answer it. However, in New Jersey executors and administrators receive the following percentages based on the value of the gross estate: 5% of the first $200,000. 3.5% on the excess over $200,000 up to $1,000.000. 2% on the excess over $1,000,000. In addition to this, they are entitled to 6% of the gross income that is earned by estate while it is being administered. And of course they are entitled to be reimbursed for legitimate expenses, including legal fees. Other states will probably have different formulas. This is for informational purposes only and not intended to be given as legal advice.

Notarized Signatures are merely a signature that has been signed in front of a Notary Public.

The Notary then signs beneath and stamps the document with a Notary Seal, which informs everyone the signature has been 'validated' as being the actual signature of the individual(s) who are signing the document.

They appear something like this:

Before me, a notary public in and for the said County and State, personally appeared the above named (Signer's Name) who acknowledged that he/she did sign the foregoing instrument and that the same is his/her free and voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this _____ day of ________, 200____. ___________________________________ Notary Public My commission expires _______________________ {NOTARY SEAL}

If you need your signature notarized keep in mind that most Notary Public usually charge a small fee for notarizing documents. Most banking institutions will also have a Notary that can notarize signatures on documents. Some banks will offer this service to it's customers for free. You shouldn't have to spend more than a few bucks to get something notarized.

Laws vary from state to state regarding the responsibilities of a life tenant. Generally, the life tenant has the responsibility for paying taxes, insurance, utilities, general maintenance and upkeep and other expenses. However, This is a sticky situation because if the life tenant does not pay property taxes the town can take the property for delinquent taxes. If the property isn't properly insured, there could be a loss in case of a fire or severe storm. Therefore the fee owner should always be actively involved in protecting their property.

Yes if she isn't named in the will the wife of the deceased is entitled to a share of the residues left after the will has been executed unless the will clearly specifies that she will not receive anything then this will override her legal entitlements.

In order for there to be an estate, there must be a trustee. You don't have to name one in your will, the court will appoint one. And many banks will serve as a trustee.

In most estates no trust is created and therefore no trustee is appointed. Generally, the only fiduciary needed is an executor (with a will) or administrator (without a will). The court will issue either Letters Testamentary or Letters of Administration and the fiduciary will have the authority to settle the estate.

Generally, if both parents are deceased the siblings or issue of any deceased siblings would be next of kin. If there are no siblings or issue of siblings the next of kin would be collateral kindred and that can get more complicated. There are charts that show how to determine collateral kin and the state laws of intestacy control who inherits in an intestate estate. You can see more at the links provided below.

There are all kinds of trusts and no single answer. Briefly:

A revocable trust can be revoked by the maker (grantor or trustor) during their life. Most trusts automatically convert to an irrevocable trust upon the grantor's death when used in place of a will to transfer property to heirs. Testamentary trusts set forth in a Will are irrevocable after the death of the testator. The provisions can be changed during the life of the testator but cannot be changed after the testator has died.

A living person can also create an irrevocable trust. What makes a trust irrevocable is that provisions cannot be amended by the grantor and the grantor cannot revoke the trust and regain possession of or control of the trust property.

Anyone contemplating a trust should consult with an attorney who specializes in trust law and who has a good reputation. Trust law is one of the most complex areas of law and is entertwined with tax law.

California is a community property state. Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. It is important to note that anything obtained before the marriage, kept separate, and a few other notable exceptions will not be considered community property

He CAN, but why bother. The word "sue" just means ask, but in legal terms. When you sue someone, you're asking the court to make you pay. Rather than have someone else make you pay, why not just pay it if it's a legitimate debt? If you're unsure about the validity of the debt, why not seek legal advice.

I am assuming that the "marital home" was in the husband's name alone. Yes. In Massachusetts there is a provision where a spouse can waive the will and take her share as if there was no will. I am sure other states have the same provision, at least I hope so. Those statutory provisions make it difficult for a man to disinherit his wife.

Of course the alternate can volunteer to assist the court appointed executor in the fulfillment of her duties. However, the alternate has no legal power and will not be entitled to any compensation.

Yes. The heirs-at-law should receive a notice of the time and date of the hearing for the appointment of the Administrator. The notice should contain some language about what they should do if they have any objections to the appointment of the person who filed the petition. There is a statutory time period during which an objection must be made and that too is recited on the notice. Anyone who wishes to object must follow those instructions to the letter.

You check the property in the land records office to determine the identity of the present owner. You could also try checking the local tax assessor's records for the present owner.

You check the property in the land records office to determine the identity of the present owner. You could also try checking the local tax assessor's records for the present owner.

You check the property in the land records office to determine the identity of the present owner. You could also try checking the local tax assessor's records for the present owner.

You check the property in the land records office to determine the identity of the present owner. You could also try checking the local tax assessor's records for the present owner.

In my case, the probate lawyer recommended the executor's fee to the judge. It was a percentage of the estate. Two executors would have received half of that amount in this particular jurisdiction. In other areas different criteria apply.

No one should write a will with two executors. It is so much easier for one person to fill out forms and get stuff done. One person can write a check and divide a bank account between two people. One person can sell a piece of property and sign the deed. One person can split a stock account between two people. One signature is a whole lot easier to get than two signatures, especially when the other person is on an all around the world vacation and did not tell her brother where she was going.

Most wills have a provision providing for payment of funeral expenses out of the proceeds of the estate. Check the deceased's will to see if this indeed is the case. If so, a beneficiary (or any other person for that matter) who pays the funeral expenses should be reimbursed. As a side note, the expenses associated with the funeral are usually deductible expenses when filing the estate's inheritance tax return. Check with either an estate attorney or the register of wills (or Orphan's Court) of the county where the will was probated (or will be probated). You should be able to get the answers you need from the register of wills.

Probate laws vary in different jurisdictions.

Generally, if there is real property in the estate the will must be probated in order to vest legal title in the heirs. If there is personal property such as bank accounts, investment accounts, a car, home furnishings, etc., the estate must be probated through the probate court.

If the irrevocable trust is properly drafted and is not, in fact, a grantor-owned revocable trust, then it should have its own unique Taxpayer Identification Number ("TIN").