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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
How do you remove a life estate from the deed and title?
The title to the property can be cleared by recording a copy of the death certificate in the land records.
The title to the property can be cleared by recording a copy of the death certificate in the land records.
The title to the property can be cleared by recording a copy of the death certificate in the land records.
The title to the property can be cleared by recording a copy of the death certificate in the land records.
What is the residue of an estate?
The residue may contain property from several sources. Any property that was not specifically devised in the body of the will becomes part of the residue. Also included is any property the testator didn't know she owned and any assets acquired after death such as a settlement in a wrongful death or malpractice action. Any bequests that lapse because the beneficiary predeceased the testator may become part of the residue unless other instructions were provided in the will.
Where do you go to get a certified copy of a Will?
It is merely a photocopy of a will certified by a probate lawyer. A certified copy of a will is a photocopy of that the court which admitted it to probate certifies it as the last will and testament of the decedent and that it has been admitted to probate and is therefore effective as the last will.
If both executors of an estate renounce can any beneficiary be executor?
Generally, yes.
Each state will have its own laws governing this issue and even though most states have the same system, one must look to the laws of the state of probate for the exact answer.
The residuary beneficiaries have the right to administer the estate if the named executors decline. They all have an equal right to this, so usually they must all agree to either serve together (a surefire recipe for problems) or agree on one or some of them to serve. Unless there is an agreement, the dispute over who will serve will go into court to be resolved. The court will appoint an executor.
The general idea is that the right to administer the estate goes to the persons who have an interest in the estate or to someone of their choosing.
Do you legally have to notify the executors of a death?
The only reasons not to notify a named executor of the death of the testator are ALL negative. Either you want to use, and possibly convert, the decedent's property; plunder the bank accounts; prevent the distribution of the estate according to the terms of the will; etc. Those actions are against the law. Since you know who the named executor is you are withholding the will and preventing the settling of the estate. That is against the law
The executor should be notified so the will can be admitted to probate and the estate settled according to the terms of the will and the state laws under the supervision of the probate court. If there is real estate the title to the property cannot pass to the heirs unless the estate is probated.
Is a will valid without an executor of the estate being appointed?
There is no requirement that an executor be named in the will for the will to be valid. The court will appoint one.
Is an executor entitled to receive any bank statements receipts prior to the date of death?
An executor of a person's will is not entitled to receive any bank statements or receipts prior to the death of the person having the will. Only one exemption to this rule exists on many state law books, and that is if the executor has power of attorney for the person who made the will.
Property acquired during a marriage is subject to community property laws.
A surviving spouse in Texas has other laws that may grant rights in the decedent's estate depending on whether there is a Will or not: Laws of Intestacy and a surviving spouse's Right of Election. You should seek the advice of an attorney who can review your situation and explain your options.
Can an executor of an estate be removed as executor?
No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.
Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.
No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.
Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.
No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.
Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.
No. Not unless they file for an appointment of an agent with the court. However, they must have a good reason such as when the appointed executor resides at some distance from the court or in another state. The agent is usually an attorney.
Generally, an executor is expected to perform their duties personally and they are responsible for ever action they take as executor. See related link.
Can you do the probate on your father's will?
# If no executor was named in the will, then a person may petition the court to be appointed as such. Contact the clerk of the probate court in the city or county where the deceased lived and/or owned property. Answer 2: If no executor was named in the will, then the will is technically not a will. If the executor pre-deceased the testator then the main beneficiary of the will can prove the will. And yes this could be a son or any relative of the deceased.
My mother died leaving no will therefore can someone be named the executor?
The will should have named an alternate. If it didn't, find some one who willing to do it. The estate lawyer must notify the court of the executor's death and petition for the appointment of a successor.
How do you remove an executor or trustee of estate will?
You can do this by drafting a Codicil and attaching it to your Will. A Codicil is drafted in the same form as a Will. Simply make a change to the section regarding beneficiaries. It should state clearly which article (or gift) of the Will is being removed from the Will. You must sign, have it notarized and attach it to you existing will. Depending on how long ago you made your initial will, you might want to review and perhaps draft a new one which will include the statement that any previous wills are null and void.
The opposite of heir is heiress. Heir is the male beneficiary while a heiress refers to a female who is to inherit wealth.
Does the wife inherit all if the husband dies in Texas without a will?
If there is no will, the property will be distributed per the state's intestacy laws. In Texas, the property is given to the surviving spouse under the community property laws. If the children are not the survivor's, then the property is split between the surviving spouse and the children. If they are minors, it will be placed into trust.
I am living with my boyfriend for 4 years and if he dies do I have any living rights to the house?
No. Unless you can prove that you paid the mortgage during that time, and that will take some hard work.
Who is responsible for home repairs with a life estate?
The person with the life estate should pay for repairs. They are benefiting from the arrangement, and so should except the responsibility, or give up the life estate. However, the answer may depend on the relationship between the parties.
In most cases an elderly parent transfers ownership to their children in order to bypass probate while retaining the right to life use of the property. Since the parent is trying to preserve the property for their children, the children should be willing to help with repairs since it is in their interest for the property to be well maintained and an elderly parent may not have the resources to pay for repairs.
For a definitive answer you need to check your state laws that govern life estates.
Where to get certified probate documents?
For UK probate forms visit: www.iwc-ltd.co.UK/shop/index.php
What is the difference between right of survivorship and tenants in common?
Joint tenancy (joint tenants with right of survivorship) means that two or more people own a property, and when one dies, the survivor automatically owns the property with no need of probate. Each grantee on the deed takes an equal share of the property, regardless of contribution to purchase price. A joint tenant may sell their interest and break the joint tenancy.
Tenants in common means that two or more people own a property, and when one dies, the deceased person's interest goes to whomever that person designated in his or her will. If there is no will the interest in the property passes to the decedent's heirs under the laws of intestacy. Tenants in common can have different percents of interest, but no tenant may exclude any other tenant from the property.
Owners of either type of deed may file for what is known as partition. A petition to partition means that one tenant on the deed may force the other tenants to dissolve the relationship. Real estate partition law varies from state to state, but regardless of state, a JTWROS deed means that distributions will be always be equal with no credits given for any excess that one tenant may have contributed toward purchase price. The fact that JTWROS tenants own equal shares is the very essence of that type of deed, and a partition action enforces that. On the other hand, TIC deed holders may be entitled to a credit for contribution to purchase price, depending upon the state.
Tenancy by the entirety is reserved for married people and is recognized in most states. When one tenant dies the other owns the property automatically with no need for probate. The survivorship rights of one cannot be severed by the other party or by creditors of either party. The property cannot be partitioned by any court.
In most states one tenant by the entirety cannot convey their interest in the property. In certain states (Massachusetts and New York are two examples) there is no law against one tenant by the entirety conveying their interest. However, their deed cannot defeat the survivorship interest of the other tenant by the entirety and a peculiar situation is created. Suppose a husband conveyed his interest to his brother. The husband no longer owns the property. The brother is now taking the husband's place in the unseverable survivorship tenancy. If the husband dies, the brother is out of luck and the brother loses his interest in the property. The wife gets it all. If the wife dies the brother gets it all.
In addition to the above there is tenancy in partnershipwhich acts as a joint tenancy in property acquired by a bona fide partnership. When one partner dies full title passes to the surviving partner.
A life tenancy gives the life tenant the right to the use and possession of the property for life and is extinguished upon the death of the life tenant.
Do the children automatically inherit everything if there is no will?
When a person dies intestate it is important to check the laws of intestacy where the decedent lived. There are many different formulas that are followed in various jurisdictions throughout the world.
In the US and England a small estate may pass to the surviving spouse but larger estates are often divided between the spouse and children. For instance the spouse may get the first $200,000 then a half of the surplus. Every jurisdiction has its own specific formula.
You need to consult with an attorney who specializes in trusts, real estate and probate who can review the situation, review the related legal documents and explain the status of the property.
Do you need alawyer to file probate of a deceased person in Iowa?
If there are any assets or debts, probate is the thing to do.
How do you transfer a house out of an irrevocable trust?
You need to review the terms set forth in the instrument that created the trust and find the provisions that give the trustee the power to transfer real property. In order to be able to convey the title to the real estate the trust instrument MUST give that power to the trustee.
If the power to convey real estate is not given in the trust instrument then the trustee cannot convey the property out of the trust. In that case you must bring the matter before a judge. The judge can issue a decision that will grant the trustee the power to sell the real estate.
Until the property is transferred out of the trust legally, title remains in the trust. If a trustee executes a deed and they don't have the power to sell real estate, their deed is invalid.
Your question implies that you may have transferred your property to a trust without the assistance of an attorney. Trust law is extremely complicated and errors made by non-professionals can be extremely costly to correct if they can be corrected.Trusts should always be drafted by an attorney and any transfers should be supervised by the attorney.
How do you get appointed the Administrator of the Estate?
Certainly. The family can agree on a person, or the court will appoint one. If no one 'volunteers' or if the family can't agree, the court will appoint an attorney or bank to serve in that capacity. They will value the estate, pay off all debts, file taxes and then distribute the remainder according to the state's intestacy laws.
What is the deadline for filing a claim against an estate?
The deadline for filing claims against estates depends on the laws of the state of probate. There are two considerations to keep in mind.
First, at the very least, the claim must be brought before any applicable statute of limitations expires. If the claim is unenforceable against the decedent had he /she lived, then it is not enforceable against the estate.
Second, many states have laws or rules that state that have procedural time periods for presenting claims against an estate; however, failure to do so might not result in a denial of the claim for missing that deadline. This type of deadline is a procedural one. It allows the executor to determine the debts of the estate for estate and inheritance tax purposes and to let executors distribute the estate without waiting for a legal statute of limitations to expire. All this means is that executors should not give estate assets to beneficiaries before this procedural period expires, or executors would be liable for payment if they could not get money back from beneficiaries.
Also, at least in New Jersey, if a legitimate claim comes in after the procedural period but before final distribution is made, the debt still has to be paid out of the estate.
If an estate is intestate what happens?
In an intestate (without a will) estate the property passes to the decedent's heirs at law according to the laws of intestacy in any particular jurisdiction.
See the website below for access to State Intestacy Laws in the US. Click on your state. Then you can read the text of your state law that governs inheritance by heirs-at-law from intestate estates.
