Estates

If you have to ask this question then either you an overly jealous type or, he has given you good reason not to trust him. If we really listen to our inner selves we seldom let ourselves down. A "feeling" is a signal that we are usually right, but then, we have to prove it to some point. If you think he's cheating then take a friend and follow him, or, if he's a compulsive liar walk out that door and don't look back. Good luck Marcy

You can, but only if the lien is from a debt that is owed by the trust itself. If the debt is against the person who created the trust or against the person who is the beneficiary of the trust, then you cannot. The trust is considered a legal entity separate and apart from the individuals involved. The fact that it is a trust, as opposed to a person or business entity, does not prevent it from being liable for its debts.

I would think if there was a justifiable reason to obtain it. They could certainly justify obtaining a credit rating to determine what possible creditors are out there that need to be satisfied. One possible reason to get it is to use it in valuation of items purchased that are now part of the estate.

There are several local services that you can find at this list of Probate Registries:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/CourtFinder.do?court_work_type_desc=probate

or you could try searching the National Will Database:

http://www.tnwdb.com

but I think that's a commercial venture.

In the United States, in most states, to make a gift you have to have the intent to make the gift; a delivery of the item; and a relinquishment of all elements of ownership. If it is real property, simply execute a deed giving the spouse the interest you want to gift. The deed should recite that it is a gift as opposed to a sale and that there is no or just a nominal consideration for the transfer. In the case of a house, the person gifting the property does not have to move out as long as it is understood that remaining there is solely because the other spouse says it is alright. If it is personal property of a tangible nature, there must also be donative intent, delivery and relinquishment of ownership. Delivery is done by simply handing the item over. If the property is something like stocks, bonds or securities, again the three elements must be present. Delivery is usually done by changing the name on the account or security or by transferring it as a stock certificate is transferred.

If the son is legally competent he can grant a Power of Attorney to his mother. If the son is not legally competent then she needs to be appointed by the court as his legal guardian. She could begin by speaking with someone, an advocate if possible, at the probate and family court. If you cannot afford an attorney perhaps the court could direct you to some free legal services agency.

Once a probate has been filed in the court of jurisdiction it becomes a public record. You need to check the index at the probate court where the decedent last lived to see if a probate has been filed. Many probate offices are computerized. You should try calling first to see if a clerk will check the name in the computer index for you.

Federal tax fraud and forgury. Both would be federal felonies and you would definatly be going to federal prison no if ands or buts. Federal crimes are the worst to get! these are the mothers of all felonies and anything from a second degree and up you are basically garenteed jail time so imagine a federal charge. Unless you are extremely lucky or you have a very nice judge you will be serving time and possibly a lengthy one too. Oh and by the way federal judges arent usually nice at all so dont hold your breath cause they didnt get to that chair being nice if you get where im coming from

There is no problem if the debts of the estate have been paid and the executor is the sole heir. However, if there are other heirs who want to sell the property and take their share of the proceeds the executor must buy out the interests of the other heirs. Otherwise, the heirs are entitled to a sale of the property and can file a petition for partition if the executor will not act.

The owner of the property must execute a deed that transfers the property to the trustee of the trust. However, you better make certain the trust is valid and has all the provisions needed for the trust to manage real estate and for the appointment of successor trustees.

The most secure way to insure that the property is protected from any creditor attachment is to have an attorney or title company draw up a warranty deed making the adult children as Joint Tenants With Rights To Survivorship rather than deeding the property solely to an adult child/children. To deed the property directly to the child/children could subject it to taxation depending upon the circumstances. When property is titled JTRS it passes directly to the other tenants and is not subject to probate action nor can it be attached for debts belonging to the deceased. The lender's investment is secure regardless of how the property is titled. Mortgages are secured debts secured by the collateral property via a Deed of Trust. * However, as you say there is a mortgage, you probably cannot change the ownership title in any way without the permission of the mortgage company. * this q has a discussion

At one time, Georgia recognized a informal type of legal union known as common law marriage. That ended on Jan 1, 1997. O.C.G.A. §19-3-1. However, if you were in a relationship prior to that date, you may qualify for a common law marriage if you meet the following requirements:

The three requirements for a valid common-law marriage in Georgia:

(1) the parties must be able to contract;

(2) there must be an actual contract; and

(3) there must be consummation according to law (O.C.G.A. §19-3-1).

Before the testator dies, usually not. After death, yes, and it is often required to be filed in the local (county) probate court within a short time, where it becomes a public record to which anyone is "entitled to have a copy".

An executor of a Will CAN have a criminal record, however, they MUST have regained citizenship. If citizenship has not been restored then another has to be appointed.

So that you can pay taxes for the estate. It allows the IRS and state entities to insure the proper taxes are collected. It also allows the executor to open bank accounts and keep them isolated from personal assets.

A will that is in the testator's own handwriting and signed by the testator is called a holographic will.

It should not require a lawyer. You can go to the local court house and obtain the forms. Usually one then appears before the judge and answers his questions. It is a quick process in most places.

The named executor cannot be changed since the testator is no longer legally competent. No one can make changes to the will. When the testator dies the court will consider objections. If necessary, interested parties can object to the appointment of the named executor if they believe the testator no longer wanted that person to serve. The court will appoint a successor executor if the objections to the appointment succeed or if the named executor cannot serve.

When the person who wrote it dies. All wills have to go through probate, other wise the state isn't sure that the wishes of the deceased were followed. It also insures the taxes are paid and property properly transferred. Consult an attorney in your state for what applies there.

The answer will depend upon the laws where the person lived (or owned property) and the circumstances of the estate. There are volumes written to assist executors with the overview of the process and how to select and manage any necessary legal assistance.

Basically, the first question is whether there is an "estate" that needs to be probated, and if so, where is the will, and if no will, what are the local rules of intestacy. After that, the possibilities quickly expand (immediate debts and expenses, ongoing business, taxes of decedent, taxes of estate, community property, joint tenants, foreign holdings, no heirs found, pretermitted heirs, priority of gifts, real estate descent, generation skipping, and so forth).

In the simplest case, there are no remaining debts, no estate taxes, and everything was put into joint tenancy (or other ownership), meaning there is no estate and no reason to take it to probate.

All people listed in a will have to be notified through newspaper ads or attempted to be served and/or found. If you are not listed in the will, the probate attorney still has to make an effort to find immediate family members.

Yes, as long as the key controls some asset of the estate like furniture and furnishings in the decedent's house, until administration is completed. Executors and administrators have the obligation to take into their possession and protect all estate assets They are the only ones entitled to possession of estate assets during that administration. Therefore, an executor may withhold from a beneficiary a key to a house even if the will gives the house to that beneficiary, but only for a reasonable amount of time needed to administer the estate.

If you want to know if a person who died left a Will so that the estate can be probated, then the following information is addressed to that question.

If you know the attorney who represented the decedent in life, you could begin by asking their attorney.

If that information is not known, then you have a common problem. The first task would be to check to see if the will was filed in the local probate court. Next, ask relatives, friends and neighbors if the decedent ever mentioned a will or attorney, or ever recommended an attorney by name. If no one remembers the decedent ever mentioning a will or an attorney, that doesn't mean there is no Will. Many people keep that information private. However, you will need to start thinking and searching. If you cannot find any will, then you will need to file for an Administration of the estate.

At the link below you can read an article about finding lost Wills written by a Texas attorney. He mentions some places to look that the average person wouldn't think of and offers some very good advice. Once you read his advice, you may think of other places to look that may be particular to the decedent.

On the other hand, if you want to know how to find out if a deceased person's estate was probated, and if they had a Will, the first place to check is at the probate court in the jurisdiction where they last lived. Any estate filed for a probate proceeding becomes public information. You may be able to call the probate court and ask them to check their index of names. If they won't do it for you, then you can go to the court and check the index yourself. If you find their name in the probate index, you can request and then read through the file.

Keep in mind that if the decedent owned real estate, the estate must be probated in order for the title to pass to the heirs. If there was no real estate, there is a possibility that the estate was never probated. In that case, even if there was a Will, you won't have access to it unless some family member has possession of it and will let you read it.