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Estates

Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.

6,325 Questions

Does the Executor of the estate sign the decedents name and then sign as the executor of the estate?

No. The executor must be appointed by the probate court and signs their own name as the executor of the estate. For example: " John Smith, executor of the estate of John Doe." Be sure to add that designation, especially when signing contracts on behalf of the estate, so you do not unintentionally obligate yourself personally in any transaction you carry on for the estate.

Is an Irrevocable Trust still valid if the Deed filed predates the date of the Trust?

Trusts and trust law are complicated areas of law and should not be tinkered with by an unprofessional. Trusts need to be drafted and managed by a professional, especially when real property is involved. You need to consult with an attorney who specializes in trust and real estate law in your jurisdiction. You should take a copy of the trust and the deed in question with you so they can be examined by the attorney. The attorney will then need to review the land records for the particular property to determine what deeds have been recorded. It will take some research to determine the status of the property.

How is real property divided when one of the signers or owners dies?

Depends on the state law, of the state the property is located. Typically, if there is no will, or a will with no dictation of the property, then the property goes to the co-owners by default. Same with bank accounts. * The wording of the titling of real property always determines how said property can be partitioned, sold or transferred.

Why did the court consider the contract for the sale of the house a contract for a sale of goods instead of a contract for a sale of real estate?

First, it depends on the term "house". If it was a co-op, then what you were buying were shares in a corporation and not the real estate. A purchase of a trailer home is also the purchase of personal property. Second, it is VERY likely that there is not enough information to answer this question. Sometimes the sale contract includes sale of consumer items like curtains, appliances etc. That portion of the contract would be considered a sale of goods. More than likely, in a case involving real estate you hired an attorney. Please ask the attorney to explain this. He or she will have all the facts, and is more likely to help you.

Can a person who is not the next of kin or the spouse of the deceased have the right to over ride the wishes of the legal kin?

The executor has the responsibility to resolve the estate and settle debts regardless of what the next of kin want.

What does it mean in lieu of probation?

"In lieu of" means "instead of". If some service is ordered "in lieu of" probation then some other form of monitoring will be used such as a substance abuse program or residential commitment.

What if you are to receive something from a will how long is the process?

In the United Kingdom this process can take six months or more. An estate of a deceased person can not be divided up for at least the first six months after a death, this is to ensure that any person or company who may have been owed funds from the deceased persons estate has time to claim them. So really the earliest you can ever expect an inheritance in the United Kingdom is after six months, even then it will depend on how quick those looking after the estate act.

When a father dies without a will do his minor children have rights to his estate or do his parents?

Generally, the surviving spouse and the minor children would be the legal heirs-at-law. If the father was divorced, his children are his heirs-at-law. You can check the state laws of intestacy for your state at the related question link below.

If you have a piece of string that is 36 inches long You need to cut the string into two pieces so that one piece is six inches less than two times the other what is the length of the strings cut?

Correct me if I am wrong but I think the answer is One piece will measure 22 inches The other should measure 14 inches As 2 x 14 = 28 therefore 22 inches is six inches less than 28

What are Oregon laws on surviving spouse and property?

In Oregon, when a spouse dies, the surviving spouse generally has rights to inherit property under the state's intestacy laws if the deceased did not leave a will. If there is a will, the surviving spouse may still have rights, particularly if they are omitted or if the will does not provide for them adequately. Oregon also recognizes community property laws, meaning that most property acquired during the marriage is owned equally by both spouses. Additionally, the surviving spouse may have the right to claim a "spousal elective share" to ensure a minimum inheritance, regardless of the will's provisions.

How do you obtain letters of administration in NY?

$20,000 was left by a widow who left no will. There are 4 children in the family. The funds are in the form of a deposit. Whkat type of Letters of Administration is necessary to file and by whom?? Samuel E

What happens to the money in an estate account that the administrator opens and the deceased relative left no unpaid bills and there was no named beneficiary and no will in New York City?

First of all if you are an heir get yourself an atty

Second , if there is an administrator of the decedents estate someone has to petition the court or be appointed by the court to be an administrator

The money in an estate account when there is no will must be used to pay any outstanding debts and expenses of the estate. The administrator , court and estate atty should determine if there are any relatives entitled to the estate, spouses, children,siblings parents etc. If there are none the monies go to the government unfortunately . That's why its so important to have at the very least a valid an current will. Better yet get a good estate plan in place way before you get to this point . If there is no will any monies due to the decedent arepayable ( and possibly taxable ) to the estate . That can be very costly to the estate especially in the area of retirement accts etc as they can end up getting taxed at least twice .It sounds like you are a relative , if you are , or are the only one you may be entitled to the proceeds of the estate--GET A GOOD ESTATE LAWYER IF YOU AREENTITLED_ ASK FRIENDS/RELATIVES FOR A REPUTABLE ONE

Who is next of kin for a child whose mother has died?

The child's father. If the father is not available, a brother or sister over the age of 18 can act as next of kin in most states. Lacking a viable guardian, the court may appoint one.

Does the dominant tenement of their neighbors property have the right to change the property?

Side yard easements

Well our Easement says that the Servient has the right of drainage over, across and upon the easement area for water drainage from any dwelling or structure upon the appurtenances thereto and the portions of any dwelling structure upon the Servient Tenement as originally constructed.

Also our Easement says that the Dominant Tenement shall not place or install any permanent improvement(s) or landscaping other than the softscape landscaping in the easement area nor attach any object to a wall or dwelling belonging to the Servient Tenement or disturb the grading of the easement area or otherwise act with respect to the easement area in any manner which would damage the Servient Tenement.

If a Husband inherits property and wife's name is not on property and he dies without a will and he has children from previous marriage what rights does the wife have?

Consult a lawyer as soon as possible. The basic expectation is that the estate will be split in two. Half will go to the current spouse and the other half will go to the children from any previous marriage.
The decedent's estate will pass according to the state laws of intestacy in your jurisdiction. You can check the laws in your state at the link provided below.

If you die unexpectedly how do you set up an estate and appoint an executor?

If you have died unexpectedly, you aren't going to be doing any of it!

Your family can submit the forms to the court and the court will issue the appointment. If everyone in the family agrees and signs off on who is to do it, the judge will normally agree. If there is controversy, they will appoint a neutral party, usually an attorney or a bank, to oversee the estate.

Your best bet is to contact a probate attorney in your state for specifics. In many cases, the basic paperwork can be obtained at the court house.

How long can a beneficiary stall a probate of a will?

The laws vary in every different jurisdiction. It is not possible to give you a precise answer. Generally, when a will is submitted to the probate court for allowance and appointment of the executor there is a statutory period during which the will can be challenged and objections to the appointment of the executor can be filed. That must be done in writing. If either or both are filed, the court will schedule a hearing and render a decision. The probate procedure then proceeds.

Beneficiaries are asked to sign assents at several points during the process. If one refuses to sign, a notice of the matter is published and the process proceeds. Difficult participants may file objections and complaints in writing during the process, the court will rule and the process will proceed.

The executor is entitled to compensation for performing their duties. If you require more specific information you should consult with an attorney in your jurisdiction who specializes in probate or with the attorney who is handling the probate in question.

What can be done to stop a person from claiming property that they have inherited via the death of a joint owner but have not contributed to the upkeep of property as agreed by the deceased joint owne?

If the property was held by the decedent and that other person (and others) as joint tenants with the right of survivorship full ownership passed to the other joint tenant(s) when the decedent died. You cannot change that operation of law. As to the cost and labor relating to the upkeep of the property and the 'agreement' with the decedent, you would need to file a suit in equity in the appropriate court if that other person isn't paying their fair share. You need to consult with an attorney who is an expert in real estate law to discuss your options and determine what you should ask the court to do for you.

What can you do if your mom left a house in trust and you get lifetime use of it rent free and when you die it goes to a cancer donation and lawyer has control now but has not paid taxes in 2 years?

#1 If you dont have a copy of the trust , get one #2 Get yourself an atty #3 Petition the court to remove the trust atty from his "control " position which is probably as the trustee of your moms trust and seek to have him disbarred for not paying the taxes if those are his duties, and sue that clown for malfeasance and misfeasance (not doing his job and not doing his job correctly) '

Do I have to file both a 2009 Form 1040 and 1041 for my mother's estate?

If your mother passed away during the year, yes. The 1040 is for the time that she was living. The 1041 covers the estate for the remainder of the year.

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