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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 bring a civil suit against another party out of state?
Generally, the person seeking the suit must file in the county in the state in which the defendant is a permanent resident. Jurisdiction is determined by the specifics of the case; for example, if the suit is in regards to a vehicle accident where someone was injured, the suit can be filed in the county and state where the accident occurred.
Are Joint Tenants with a right of survivorship the same as Tenants In Common?
No they are different types of real property co-ownership. Tenancy in common is a type of co-ownership where two or more people ("tenants in common") own the property. It is the default tenancy in many jurisdictions when the tenancy is not stated in a deed with multiple grantees. Tenants in Common:
- Can own the property in equal or unequal shares
- Have the right to the use and possession of the whole of the property
- Pass on their share of the property to their heirs when they die
In a joint tenancy the desire to create a joint tenancy with the right of survivorship must be so stated in the deed. The interest of any deceased joint tenant passes automatically to the surviving joint tenants. A joint tenancy is created only if the following four conditions, called the Four Unities, are met:
- Time- All the tenants acquired their interest at the same time.
- Title- All the tenants have the same title.
- Interest- All the tenants have an equal share.
- Possession- All tenants must have an equal right to possess the property.
Who is responsible for property if the owner dies?
The person who will "acquire" the property must commence a probate proceeding in the probate court. That means you need to present the will for allowance and be appointed the executor or if there is no will you must petition to become the administrator of the estate. The only way for title to real property to pass to an heir is through probate court. You should seek the advice of an attorney who can assist you in this process.
How do you become a court appointed executor?
You file the will with the probate court with a petition asking that the will be allowed and that you be appointed the executor. If there is a named executor in the will who has died or who does not want to serve you should provide proof to the court.
Can irrevocable trust be sued?
You can sue an irrevocable trust in any court as long as the claim is against the trust itself and not the individuals involved in the trust. A trust is considered a legal entity and property owned by it is subject to the trust's debts. The fact that it is a trust as opposed to a person or company makes no difference.
The legal process of disposing of a person's estate after her death is called what?
The judicial procedure by which a court undertakes the management, settlement and distribution of the estate of a person who died intestate is called an Administration. The judicial procedure by which a will is determined to be valid is called Probate.
However, informal use of the word 'probate' encompasses both of the terms above by referring to a judicial process by which a court appointed representative handles a decedent's estate under the supervision of the court.
Certainly. The records have to be filed with the court and they are a matter of public record. The heirs may wish to hire their own attorney if they don't feel the executor is doing a proper job. They can petition the court to have the executor removed as well.
Can a third party be added to a home deed without all parties consent?
No. Transfer of title requires the full agreement of all the owners. One owner could provide a quit claim deed to another person, but that only transfers the one owner's rights in the property, which could amount to nothing, depending on how the existing title is written.
What happens to someones house when they die having left no will nor heirs?
When a person dies intestate then the probate laws of the state where the person lived takes precedence in the distribution of property and other assets, In addition, all debts of the deceased must be paid out of the estate according to their priority. Contacting the clerk of the probate court in the city or county where the deceased resided will help obtain more specific information. Usually it will be auctioned by the local government. -DJ Craig
If you have a will and deceased owned a house that you live in does it have to go to probate?
Yes, the proper way to change the property ownership is through the probate process.
Can executor who is also a beneficiary get an advance payment from the estate?
The executor is, by law, entitled to be paid for their time. The rate is often set by law and the probate judge has to approve the distribution. If they have properly documented their time, it is reasonable to bill the estate and collect it. This amount is separate from the amount they are to receive from the estate.
How do you get a letter of testamentary if the deceased did not leave a will?
You need to open an estate. This can be done at the court house. There will be a set of forms that need to be filled out. If all of the beneficiaries agree and are notified, the court will issue a letter. A probate attorney can be a big help in taking care of all this.
What rights do children have in the estate of a remarried parent who died without a will?
Assuming there is no Will in place which excludes the child from the parents estate, and depending on the existence of other parties with interests in the estate [i.e..brothers,sisters, others ] the distribution of the deceased's assets is dealt with by the intestacy law of the state in which the deceased dies and the estate is opened.
The rules of "descent and distribution" (which is the terminology used to describe the process by which property passes when there is no Will), vary from state to state and are based upon state, not federal, law. These rules outline the rank order of persons (heirs) who have a claim to the estate, and the process by which creditors of the deceased can make claims against the assets. In that regard, the heirs are generally not personally liable liable for the payment of the deceased's debts (unless they contracted for that liability), but a valid claim of a creditor properly and timely made, can deplete the assets of the estate such that there is less to distribute to the heirs.
The child will have to file his/her claim with the court/trustee/administrator/attorney handling the estate. States have separate courts that deal with probate-sometimes called "Probate Courts", and sometimes known by another name.
The ultimate amount that a child will receive will depend upon factors such as the total amount of assets in the estate, the number of beneficiaries and the nature of their relationship to the deceased (for example, a surviving spouse often gets the bulk of the estate) attorney's fees, and court costs. In larger and more complex estates, accountant's fees may become an issue, as would taxes of various sorts.
Do executor's fees have to be approved by court?
Yes they do have to be approved. In most states there are standard fees and charges established. If the charges are within the guidelines, the court will normally approve without challenge.
Is ny considered recognized as a common law state?
"Currently, only 9 states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, and Texas) and the District of Columbia recognize common-law marriages contracted within their borders. In addition, five states have "grandfathered" common law marriage (Georgia, Idaho, Ohio, Oklahoma and Pennsylvania) allowing those established before a certain date to be recognized. New Hampshire recognizes common law marriage only for purposes of probate, and Utah recognizes common law marriages only if they have been validated by a court or administrative order."
Can a person with a life estate evict the people of whom she has deeded the property to?
NO , If the deed has been delievered, whatever that means,* recorded and is in writting, that's it. (A DEED in most states is not a deed, (something which passes tittle and is such that the taxing agency can find it) if it is not in writting. There is not so much need to even think about something not in writting which is an interest in land: like the dirt, the right to sell it all, the right to cut the trees and to dig holes in it and the right to complain about somebody's running a powerline 40 feet in the air over two inches of the border of the property...just has to be in writting),** You dont get to change your mind (rescind) you dont own anything to change your mind on. Deeds just are not rescinded like car purchases, house purchases.... There's some heavy duty federal law working on those items. * See Major Law Suit which created most of the power of the federal government since about 1930... You're not talking about incidental consumer goods you know....but real property and interests in real property. There is no grace period with valid deeds for you to change your mind. In short: Once you have decided to deliver a deed in writting creating a legal life estate in property which you own, AND it is recorded, consider it done. Just like the song: You dont own me....and you have have nothing to say. Of course, you can argue; however, it seems that you really should have thought about this first. SHAMELESS PLUG: Which is one of the reasons one really ought to talk with a lawer before copying a form from the Internet and deciding that it fits his life, and situation. * state law again; it's called jurisdiction, AND subject jurisdiction and unless the alleged action opossed is in somekind of violation of the supreme contract, the U S Constitution (in the United States of America, of course, the law of the particular state when it comes to dirt, wills and who owns the body, the state calls the shots.) ** these are called 'intersts in land' same as a legal life estate; that's what you are talking about: an interst in land for somebody's lifetime.
What is the importance of the linnaeus naming system for living things?
Carl Linnaeus's work was important because he was the first person to put together a system for the naming of organisms (specifically plants).
In his "Systema Naturea" he described his concept of "Binomeal Nomenclature" where a plant (later expanded to all organisms) is classified into groups with other organisms that share characteristics (like plants with plants, and animals that have spines with animals that have spines). The Genus and Species, the most specific of all these groups, are both given to a species as it's scientific name. An example of this is "Homo Sapien" the Binomial Nomenclature for Humans, where Homo (meaning man) is the genus, which includes all manlike great apes, and Genus (meaning wise) which is only given to humans.
He also helped catalog and research many diverse plant species around the world during his travels.
Carl Linnaeus is widely regarded in science as "the father of taxonomy."
Simply put, Mr. Linnaeus is responsible for the way we group animals and plants today.
He thought it would be a pretty neat idea to group animals and plants according to their similar features; in this way we could know how closely related these organisms are to one another.
Nowadays, however, small doubts are arising as to whether how an organism looks aesthetically is the best way to group them. So some organisms are being shifted about and reclassified by the similarities in their genomes rather than appearance.
Nevertheless, it is still Linnaeus's idea of classification that remains with us today.
Any class may be inherited by another class in the same package?
false sealed classes cannot be inherited
How do you avoid probate in my will?
You can't avoid probate by having a Will. You can avoid probate by not owning any property at the time of your death. That takes planning such as listing beneficiaries on all your accounts and insurance policies, and transferring your property to an irrevocable trust while you are living. If you want to avoid probate then you should make an appointment with an attorney who specializes in estate planning who can review your situation and explain your options.
What is a Transfer on Death Deed?
A Transfer on Death Deed (TOD) or beneficiary deed is a deed which allows an owner of property to designate and/or pass property to a chosen person or party, upon their death. The person or party being conveyed the property is known as the beneficiary.
What is a oath and bond and what happens if I refuse to sign one to open a Will?
An oath is a pledge to to things according to the law. A bond is a pledge of money to guarentee that you will do things according to the law or forfeit the money. If you do not sign one, you will not be allowed to be the executor and the court will assign someone who will take the oath and post bond to serve in that function.
Does community property end at death?
No. Community property doesn't "end at death". Community property laws affect the distribution of a married decedent's estate after their death. In a community property state your surviving spouse is entitled to one-half of any property you acquired during your marriage. Each party owns a one-half interest in any property acquired during the marriage by either party no matter whose name is on the title. A married decedent can give away one half of their property to anyone they wish by their will but their spouse will receive the other half by law after their death according to the laws of community property.
Once the estate has been probated the property inherited by the surviving spouse becomes their sole property.
The following are community property states:
- Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, Wisconsin, and Alaska (although in Alaska, there must be a written agreement between the spouses). All of the remaining states follow common law.
Do you need both names on deed for husband to inherient house?
Depends on the laws of the state. In most cases the man's name could be listed separately, however, it will list him as a married man. In most states, the spouse has an interest in the Real Property, even if her name is not on the deed.
What would be any appropriate amount to pay the preacher at a memorial service funeral?
Whatever you can afford. It could be $25 - $150 or more. Just give what you honestly can.
