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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 a lifetime estate be ended by a power of attorney?

No. A power of attorney ends with the death of the principal.

No. A power of attorney ends with the death of the principal.

No. A power of attorney ends with the death of the principal.

No. A power of attorney ends with the death of the principal.

Can you appoint yourself as executrix of an estate if you were power of attorney and in the will?

No, only the person making the will can make the appointment by naming the executor/executrix in the will.

ClarificationThe testator can name their choice for executor in their will but that person has no power or authority until they have been duly appointed and issued Letters Testamentary by a probate court. Once that process has been completed they are the appointed executor. Many wills do not name any executor. In that case anyone who qualifies under state law can request appointment and will be appointed if there are no objections.

What states allow adult adoption?

See link provided below for a listing of state-by-state adult adoption laws.

Is the beneficiary obligated to share estate equally with other children if they are not in the will?

No. Had the person who wrote the will wanted them to benefit they would have been mentioned. However, if the intention is to share the estate, check with the executor whether such distribution would negate the bequest.

Does marriage make you the next of kin?

Marriage would make you the closest next of kin to your spouse.

In the United States next-of-kin as set forth in laws of intestacy defines the relatives who would inherit the property of a deceased person. Most states recognize the spouse and the nearest blood relatives (children-parents-siblings) as next-of-kin. However, there are different settings where next of kin may come into play. A surviving spouse would be considered the next of kin for choosing and paying for funeral arrangements. See related question.

How long does it take to get money left in a will?

If you are named on the deceased will, it can take (from date of death to receiving your money),between 3 and 12 months. Probate happens in these steps Gather all information on bank accounts and assets (house, car) Set up a bank account in either the deceased name or estate executor's name Send letters and non photo copied copies of the death certificate to each company explaining who has died and where you want the monies transferring to (Some companies holding large amounts of money will want a certificate of Probate before they release) Fill in the HMCS probate form with approximate amounts of each asset and account An interview will be arrange where executors swear an oath, then you will have Probate. Send Probate certificate to each company that requires a certificate Money will be payed into the new bank account and then the executor is by law responsible for dealing out money to either any debts or whom ever is named on the will. From interview to having money in your account takes no more then 2 weeks

How do you obtain a copy of your deceased mother's will from her attorney?

You only need to call the office, let him/her know your mother has died and request an original copy of her will. At the same time you could inquire about having that attorney represent the estate.

How do you add a name to a quit claim deed?

To become an additional named owner in a deed, you would need to have someone prepare a new deed to be signed by the current owner, granting the property from the current owner to you AND the current owner. The attorney you hire to help do this will explain the different meanings of other words that can be used to describe the intent of your relationship (joint tenants, tenants by the entirety, joint tenants with right of survivorship, tenant for life estate, etc), as well as the risks in being named in the deed (tax liens, mortgages, premises liability, etc).

Does the executor have the right to require the beneficiaries to sing a release before the estate monies are distributed to the beneficiaries?

Yes. If the executor has refused to make distribution then you should complain to the attorney who is handling the estate and to the probate court immediately. They can be compelled by the court to act or they can be replaced.

How can the beneficiaries remove the executor of an estate?

If the beneficiaries of an estate want to remove the executor, they will first need a very good reason for doing so. In most jurisdictions, it will require a court action. It is best to retain a lawyer to do this.

Can an executor find out how much money is in deceaseds bank accounts?

Yes, once they have been appointed by the probate court and Letters Testamentary have been issued. Take your Letters Testamentary to the bank with you. That document gives you the legal right to access the decedent's assets including bank accounts.

How do you transfer ownership of piece of land from deceased parent?

You would check your deceased parents' names in the "grantee" index where the land records are filed to determine what land they acquired by deed. If they inherited land you would then check their parents' names in the "grantee" index to see what land they acquired by deed. That process would be repeated backwards in the land records for each generation as necessary. Please note that is only half of the process. After you have checked to see what land they acquired by deed or inheritance you would then check them in the "grantor" index forward in time to determine whether they ever sold any of the land they owned. You should first check probate records for any wills or administrations that would list the real estate owned at death.

If a life tenant dies what rights does his family tenants have?

When a life tenant dies so does his right to occupy the property. His family inherits no rights unless they are the remaindermen and own the fee to the property. In that case, they own the property free and clear of the life estate. However, the life tenant may have left personal property inside the home. If so it would pass according to their will or according to the laws of intestacy if there was no will. You can check the laws of your state at the related question link below.

Is the executor responsible for funeral arrangements?

Generally, no. The executor is technically a position which has to be formally appointed by a court representative. A person's will "nominates" or suggests an executor, but that person isn't the executor until the court order is issued. The funeral arrangements must be handled shortly after death at the latest (pre-planning can be done, advance funeral trusts established, etc. by those who really want to take care of their family). No one will usually be instated as the executor until after the funeral. Family members are typically responsible for the funeral arrangements. Most states have statutes which describe, among other things, who has a right to make decisions about the deceased persons body. They usually follow a predictable pattern (spouse, children, parents, siblings...). Any member of the American Academy of Estate Planning Lawyers should be able to assist you with such an issue. My practice is in Pittsburgh as The Estate Planning Centers at The Coulter Law Offices LLC. Please remember that this is a general discussion only, and is not intended as legal advice upon which anyone should rely. Moreover, I'm typing this reply off of the top of my head as a courtesy, not as a researched answer to your situation. You should consult with a lawyer or appropriate professional regarding you own specific facts and circumstances. Mark T. Coulter, J.D.

Becoming executor of estate?

Being an executor of state is both an honor and a burden as it can be a big task. It is the job of finishing up a persons affairs and dividing up personal belongings after a loved one passes on. It also means making sure a persons debts and taxes are paid.

What happens if estate administrator lets his wife do his duty?

You need to be more specific about what tasks she is performing. If she has delivered documents to the court for filing that is not a problem. If she is taking such liberty as accessing bank accounts, acting as an intermediary with heirs and hiring services needed to settle the estate then the situation should be reported to the court and the heirs can request that the executor be replaced.

When an executor sends a letter to the beneficiaries to distribute the estate what should it say?

The court issues "Letters Testamentary" TO the executor when the will has been allowed and the executor appointed by the court. Those letters provide the executor with the authority to handle the estate. The executor is then bound by LAW to follow the provisions of the will and distribute the assets according to the will and/or according to the law. If they fail to do their duty as required by law then they can be reported to the court.

Once a will has been filed in probate it becomes a public document and you can request the file at court and review the will. After the decedent's debts have been paid the executor can distribute the the remaining assets according to the terms in the will. If there is property not specifically mentioned in the will, the heirs will need to co-operate with the executor and with each other in reaching a fair distribution. The executor will have the power to make the final decisions for any property not specifically devised.

How do you declare someone dead in California?

According to Miss. Code Ann. 13-1-23. Presumption of death.

Any person who shall remain beyond the sea, or absent himself from this state, or conceal himself in this state, for seven years successively without being heard of, shall be presumed to be dead in any case where his death shall come in question, unless proof be made that he was alive within that time. Any property or estate recovered in any such case shall be restored to the person evicted or deprived thereof, if, in a subsequent action, it shall be proved that the person so presumed to be dead is living.

What did Julia Child's parents do?

Julia Child was a very privileged child. Her father was a real estate tycoon in California. Her mother was a descendant of a Lieutenant Governor of Massachusetts and an heiress to a paper company.

Where do you get information on an addendum to a revocable trust?

An addendum is a document that contains additions or explanations to the original document. In this case the addendum should be attached to the trust document. If it isn't try asking the attorney who drafted it for a copy. You aren't looking for "information on it" you would be looking for the actual addendum.

If you wish to have an addendum to a trust drafted you need to consult an attorney who specializes in trust law.

An addendum is a document that contains additions or explanations to the original document. In this case the addendum should be attached to the trust document. If it isn't try asking the attorney who drafted it for a copy. You aren't looking for "information on it" you would be looking for the actual addendum.

If you wish to have an addendum to a trust drafted you need to consult an attorney who specializes in trust law.

An addendum is a document that contains additions or explanations to the original document. In this case the addendum should be attached to the trust document. If it isn't try asking the attorney who drafted it for a copy. You aren't looking for "information on it" you would be looking for the actual addendum.

If you wish to have an addendum to a trust drafted you need to consult an attorney who specializes in trust law.

An addendum is a document that contains additions or explanations to the original document. In this case the addendum should be attached to the trust document. If it isn't try asking the attorney who drafted it for a copy. You aren't looking for "information on it" you would be looking for the actual addendum.

If you wish to have an addendum to a trust drafted you need to consult an attorney who specializes in trust law.

Can an autopsy be performed 4 years after a person has been cremated in a very sealed box in the ground?

Yes.

An exhumation order can be made by a court and the body can be taken away for examination.

However, certain funerary practices, such as embalming, and the length of time for which the body has been buried, can affect the 'value' of any information which an autopsy might yield.

What is the statuatory period to contest a will in Louisiana?

The right to contest a will is statutory and the statutory period varies from state to state. If you do not exercise your right to contest the will during the statutory period your right is lost.

What happens your child breaks child curfew violation?

If they caught they usually get a ticket and it will have the court date on for when you will have to go to court. When you do they'll just tell you your community service and where you'll be working,how many hours etc. It's really nothing to worry about, I got an easy service because that was the first time so i don't know if it will be different for you. Also we live in tx so.. rules might differ.

P.s Judge said if i got caught again I'd lose my license till i am 18 so be careful unless you don't want to be able to drive ;)

Hope this helps.

Can life estates be contested?

Generally, no. The owner of property has the right to grant life estates. Family members or other concerned individuals can take the matter to court if they think the grantor is being unduly influenced but as part of that proceeding a guardianship should also be considered.

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