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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
Probably, given the cited circumstances. Some life estates are "determinable" meaning it automatically ends upon the occurrence of a specific event, other than the death of the life tenant. There are also those which are "condition subsequent", meaning the land is granted for a specific purpose, such as farming. A life estate can also be given to the life tenant for the life of some other person (estate pur autre vie). One of the constants of a life estate is, the tenant(s) cannot squander the property and must pay all expenses, taxes, utilities an so forth, unless there is a directive that states otherwise. The biggest factor obviously would be, if the person is a named life tenant and therefore has occupancy rights.
What is said when flag is presented to next of kin?
"On behalf of the fire service family, we present this flag as a token of your husband's (or wife's) dedication to serve and protect his community.">>>>take half step back and salute the family member receiving the flag.
Can you put a lien on someones home after that person died?
It varies from jurisdiction to jurisdiction, but normally (a) you need a court order, and (b) you need to establish a risk that the personal representatives will dissipate the assets without paying what is owed to you.
Yes. The surviving spouse will inherit all or part of the estate under the state laws of intestacy. A legal separation has no effect on inheritance of the surviving spouse. Even if the decedent left a will naming a different beneficiary, the surviving spouse has a right of election. You can check the laws of intestacy in your state at the related question link provided below.
If you are the surviving spouse you should consult an attorney who can review your situation and explain your rights and options under your state law.
What if there is no surviving spouse who would the life insurance go to?
In the event that there is no surviving spouse, the death benefit would go to the contingent beneficiary. The contingent beneficiary is best described as "the runner up". This person should have been listed when the application for insurance was submitted. If for any reason this is not the case, the death benefit would then be subject to probate. You must also remember that people are human and do make mistakes and may have not listed your beneficiaries correctly. If that is the case the contingency beneficiary is the person named in you policy (which is the binding contract that the insurance company must legally be bound to). To be sure of what is true for your exact case get a free analysis from a team of professionals, just so there is no surprises. E-mail (freeinsuranceanalysis@yahoo.com).
It will depend on the laws in the jurisdiction in question. If the sibling was born after the will was made, it may be a rule of law to add them.
Yes, the administrator of an estate may purchase a home from the estate; however, that type of transaction is inherently a conflict of interest and would have to be approved by all beneficiaries having an interest in the property or by the probate court. Obviously a person buying a house wants to pay as little as possible to buy a house; but, the administrator has a fiduciary duty to receive as much as possible when selling the house. Usually, the administrator gets the consent of all beneficiaries to the transaction. They agree in advance that the sale price is satisfactory and that they have no objection to the administrator buying the house at that price. Sometimes administrators are required to apply to the probate court for the authority to sell the house and for permission to buy it. The administrator would have to prove to the court that the transaction is fair and above board. The beneficiaries would have an opportunity to raise objections if they object to the purchase price. If the administrator has no ownership interest in the property, he cannot force the beneficiaries to sell the house to him/her.
What should you do if you have jointly owned property with a brother and he dies?
The first step is to determine ownership under the laws of the state where the property is located. Ownership rights are determined by the way the title to the property is titled. If the property is held as Joint Tenancy or Joint Tenants With Rights To Survivorship (JTWRS) the propert passes directly to the other owner(s) and is not subject to probate action; if it is held as Tenants-In-Common the share of the property belonging to the deceased is determined by and subject to probate procedure.
Can someone sign their spouse's name on a real estate title without them present?
No. That would be a forgery unless they have a properly executed Power of Attorney.
Who owns the title of the property?
Ownership of real estate is evidenced and accomplished by a deed. The person who transfers the property is called the grantor and the person who receives it is the grantee. In any deed, the grantee is the new owner. The owner of real estate is said to hold title to it.
Yes, joint tenancy is available in West Virginia. If you own property jointly with someone else, and this ownership includes the “right of survivorship,†then the surviving owner automatically owns the property when the other owner dies. The deed should state " . . . to Harry and Sally as joint tenants with the right of survivorship".
Can a property be deeded with a lien on the property?
No, before real property can be sold or transferred the title must be clear of liens. Liens can be voided or waived if they were placed on property that is found to be exempt under state law. It is not unusual in TBE states for a lien to be placed against real property but such a lien is not enforceable and can and should be lifted.
AnswerYes, it may. Technically speaking, a property may be conveyed even with a lien on it. Liens do not prevent conveyances; however, the lien goes along with the property. If you buy a house with a lien on it you could be forced to pay the lien even though the debt secured by the lien is not your debt. You would then be able to sue the person that sold you the house to recover your losses. ClarificationThe purpose of recording a lien in the land records is to notify the world that a creditor has an interest in the property. Of course there is no police officer standing at your shoulder preventing you from conveying your property in a private sale. However, you and your buyer have skirted the law and may pay a lot more more down the road. The property remains subject to the lien. The creditor can take possession of the property and sell it. There will be added legal costs and interest because the debt continues to accrue interest at a statutory rate. The interest on a judgment lien in Massachusetts is 12%.The seller should be particularly cautious about sneaking a sale of property with an outstanding federal tax lien. The IRS will want to know who handed over cash to the tax delinquent when there was public notice of an outstanding tax debt. It will want to know what the seller did with that cash.
The second answer above contains very poor advice. In any sale of real estate it is the responsibility of the buyer to have a professional title examination performed to disclose any outstanding liens. Stupidity is always difficult to defend in a court case.
If two people own a house and one person wants to sell it how do you do that?
if two people jointly own property and one of these people offers to sale or buy the property from the other how long is that offer good for?
In the state of Alabama what happens if i die intestate with three surviving children?
the surviving spouse receives an equal portion as each child.
First court to hear a dispute?
Generally in a court of original jurisdiction, such as a trial level court. The US Supreme Court has original jurisdiction only in cases involving ambassadors, other public ministers and consuls and cases in which a state shall be a party. Article 3, Section 2 of the US Constitution.
Can a stepmother control everything when your dad died with no will?
When a person dies with no will, their property passes according to the laws of intestacy. That includes everything they own in their own name. Property owned as joint tenants with another person is generally not included. You may have an interest in your father's estate according to your state laws of intestacy which you can review by using the related question link provided below.
Unless your step-mother legally adopted you, she has no parental control over you if you are a minor.
What can cause an estate to go into probate?
The decedent's property is distributed according to the provisions in the will, or according to the state laws of intestacy to the heirs at law, after the debts of the decedent and any taxes and costs of probate are paid.
Can an executor change will before death?
No, the only person who can change a will is the person who wrote it, or perhaps a court that is convinced there is some obvious mistake that needs to be "changed" to accurately reflect the testator's intent.
When someone dies in California without a will how is estate distributed?
Distribution will be according to the California intestacy laws. Typically the spouse and children will be the beneficiaries. Siblings and parents would be next in line.
What rights do one have to property if you are not married?
If you are not on the deed you have no rights in the property. If you are not legally married and the owner dies you have no legal rights in the property.
What is the statute of limitations for contesting a will in the State of Georgia?
Just from my recent rxperience, in Georgia's I believe the staute of limitation is six months. I say this because that's how long I required to run a probate ad in the local papers.
Yes. For clarification, the person who is owed the money in a mortgage transaction is the mortgagee and the mortgagee owns the mortgage. If the mortgagee dies the mortgage is included in their estate as personal property. The mortgagee can make provisions in their will regarding a mortgage they own. The balance on the debt due can be inherited by their heirs or the mortgagee can forgive the mortgage in their will. If there is no will then all the rights under the mortgage pass to the heirs at law under the state laws of intestacy when the decedent's estate is probated.
Yes. For clarification, the person who is owed the money in a mortgage transaction is the mortgagee and the mortgagee owns the mortgage. If the mortgagee dies the mortgage is included in their estate as personal property. The mortgagee can make provisions in their will regarding a mortgage they own. The balance on the debt due can be inherited by their heirs or the mortgagee can forgive the mortgage in their will. If there is no will then all the rights under the mortgage pass to the heirs at law under the state laws of intestacy when the decedent's estate is probated.
Yes. For clarification, the person who is owed the money in a mortgage transaction is the mortgagee and the mortgagee owns the mortgage. If the mortgagee dies the mortgage is included in their estate as personal property. The mortgagee can make provisions in their will regarding a mortgage they own. The balance on the debt due can be inherited by their heirs or the mortgagee can forgive the mortgage in their will. If there is no will then all the rights under the mortgage pass to the heirs at law under the state laws of intestacy when the decedent's estate is probated.
Yes. For clarification, the person who is owed the money in a mortgage transaction is the mortgagee and the mortgagee owns the mortgage. If the mortgagee dies the mortgage is included in their estate as personal property. The mortgagee can make provisions in their will regarding a mortgage they own. The balance on the debt due can be inherited by their heirs or the mortgagee can forgive the mortgage in their will. If there is no will then all the rights under the mortgage pass to the heirs at law under the state laws of intestacy when the decedent's estate is probated.
What is the Executor's fee from an estate in New York?
The commission rate in New York is fixed. For each Executor (there can be two, if more, they share the same amount as two would get) it goes like this:
- 5% on the first $100,000 in the estate
- 4% on the next $200,000
- 3% on the next $700,000
- 2-1/2 % on the next $4,000,000
- 2% on any amount above $5,000,000
The will can state that the executor must waive the fee, but this means that no bank or attorney will serve. It is only recommended if the executor will inherit from the estate.
What happens when your sister is the executor and she has spent some of your mom and dads estate?
These are only some of the things an Executrix can do:
Borrow off the amount in the Will that is solely left to them. They must provide the bank a copy of that Will before loaning any money. This means you get part of or all of the money due you sooner, but you must sign over your rights of that portion of your inheritance to in the Will to the banking institution.
Paying off gas/electricity bills, etc. Any outstanding medical fees can be paid off by the Executrix in this case.
An Executrix/Executor must provide receipts for every cent they spend and be accountable to the the Heirs in that Will.
I suggest your get yourself a lawyer and have him take care of this if you fear she may be spending too much money and not being accountable for this. You can also go to the lawyer that is holding your parent's Will and be sure you have proof your sister isn't spending money on needless things and thus, have her taken off the Will as Executrix. This Will then can be dealt with solely by the lawyer or by a Trust Company. Be sure you know what your fees are up front with either of these methods.
No. A parent has no responsibility to their adult children. There is no requirement that they leave them anything. They could contest the will, but that will certainly cost money, take time and not make anyone happy.
