Estates

A maximum of 5%, but that can be contested by beneficiaries if they are under the impression the estate did not require a lot of work to administer.

If the man was already divorced legally , then the wife of four years and her children will get his property.

A person who dies without a will is said to be intestate. Each state has specific laws about how property is divided when the deceased is intestate.

You would need to bring a lawsuit to a court of equity and provide evidence to the court that the attorney in fact is mishandling the principal's estate, or the principal is legally incompetent, or some other reason that would compel the court to extinguish the POA.

You should also consider that the appointment of a guardian by the probate court would extinguish a POA.

Remember that anyone make any claim almost at anytime. The real question is will she win. In New Jersey and I believe in most states, a person can leave one of several children out of a will. Nothing requires equality. Therefore, she has no automatic right to a share of the estate just because she is one of three children. The only way for her to get a share of the estate is to claim that the will is invalid (e.g. undue influence) or that she was left by mistake. Even if the will states specific reasons why she is being left out, she would still have the right to make a claim. But the right to make a claim only means she can bring those issues into court and it is not easy proving them.

An executor has no authority until they have been appointed by the court. The will must be filed for probate so that the court can examine it to make certain the will is valid. At the same time they have submitted the will for probate the named executor must petition to be appointed the executor.

If you mean to say there were physical changes made to the will then you can attend the hearing and object to the will. You can address your concerns to the judge. If the judge sees the will has been "changed" it will not be allowed. If you mean to say the will has not been filed for probate then the executor has no power or authority. Someone else can file the will for probate and request to be appointed the executor. No one but a judge has the power to change the provision's of a testators Last Will and Testament.

I am assuming there was no will. Generally, in the United States, the estate would pass according to the laws of intestacy where the first sister lived. If the property was in her name it became part of her estate when she died. Generally, the surviving spouse and children inherit when there is no will. If there are no children then you MAY inherit a share as a sibling depending on your state laws. You can check the laws of intestacy for your state at the related question link below. Click on the link for your state to read the text of your state law. If you think you have an interest in your sister's estate you should seek the advice of an attorney who specializes in probate to discuss your options.

the phenomenon of obtaining a degenerate basic feasible solution in a linear programming problem known as degeneracy.

yes. that would make u the sole beneficiary.

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Not necessarilly. Most states have laws regulating the scattering of ashes. If the type of scattering requested is illegal then the direction is not binding, because no one can force another person to do an illegal act. The laws of the state or country where the scattering is to take place must be checked.

Your brother already has enough going on. The duties of being executor would be too much. Someone else in the family should petition to be appointed executor and your brother should decline.

An estate that includes real estate must be probated in order for title to pass to the heirs. Until the estate is duly probated you don't own the property legally and cannot execute a valid deed. An attorney examining the title to the property for a proposed buyer would insist the estate be probated in order to pass clear title.

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The estate representative should be reported to the probate court immediately for abusing their authority. They should be removed and a new executor should be appointed.

If your father is living you are not entitled to a copy of his will. If he is deceased and his will has been filed for probate you can obtain a copy from the court. Once a will has been filed it becomes a public record.

It should be on file in the court house.

Are you sure you have a common law marriage?

Common Law Marriage States

"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."

It is up to the brother. Most state probate codes allow the executor to charge a fee for their services. Executor duties and responsibilities can take up a lot of time. If there are only two beneficiaries, that will cut down on the executor's tasks somewhat. The brother should keep detailed time sheets for any time spent on estate matters and a deteiled account of any money spent on parking, postage, copying or other costs. The brother can then decide toward the end of his duties whether he wants to charge the estate or not. The executor's fee is a cost of the estate and should be paid before any assets are distributed so that brother and sister each pay equally.

His son Napoleon II.

Absolutely not. For one, he is still married. Let's just pretend that he would divorce his current wife. He might have STD's (which you might want to get tested for) and he is a cheater. He is already cheating on his current wife. Why would a relationship (dating or married) be any different? If he cheated on her, he will most likely cheat on you. He has the kids, too. If they know that he was having an affair with you, they will hate you. The whole bad credit just makes a terrible situation worse. He can't manage his marriage or his money. Break up with this man!

The will is set up as the decedent wished, and so only the named beneficiary is entitled. The minor child will need money to live on, and hopefully the guardian will use the money judiciously to benefit the child. There are some laws that might allow another to inherit some of the estate. If there are other minor children, the court may split the estate to insure that dependants are not left destitute and have to be supported by the state. If there are children born after the will was made, the court will adjust accordingly.