Estates

"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.

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.

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.

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

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.

$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

You are not responsible for any debt from your late step-grandpa.

The wife and kids.

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

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.

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.

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 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.

not unless the detached garage is on a different parcel than the main dwelling

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.

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.

#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) '

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.

It is property that is inherited.

The loan doesn't 'override the will'. It is a matter of rights in property and debts. The debts of a testator must be paid before any property is distributed to the heirs. In the case of a mortgaged property, the testator doesn't own the property free and clear so she can't give it to her heirs. She conveyed it to a bank in return for a large sum of money while she was living. The bank owns a security interest in the property until the money has been repaid.

The heirs have the option of paying the loan on the property (if they want to keep it), conveying their interest to the bank or or allowing the bank to take possession by foreclosure.

The court will appoint an executor. Any person who is interested in the estate can petition to be appointed the executor: friend or family. The family can ask for a volunteer or ask someone they trust. Then, when the will is submitted for probate that person will also petition to be appointed the executor. You should consult with an attorney who specializes in probate. The rules are more strict for the appointment of an administrator.

If you own the life estate it can only be extinguished with your written consent.

If you are not the owner then the fee owners may have you removed. It depends on the details of your legal standing to be there.

A properly drafted will gives instructions in that situation. If not there may be a statutory provision that will pass the legacy on to the the heirs at law of the deceased beneficiary. If none of that happens the legacy will lapse and become part of the residue of the estate. In a properly drafted will a residuary clause directs how the residue (any property not specifically devised) will be distributed. If there is no residuary clause the remaining estate will pass as intestate property according to the laws of intestacy in your state.

Two people who are not married must be very careful about how the property is titled in the deed. If they want the property to automatically pass to the other if one dies then the property should be taken as joint tenants with right of survivorship. If Robert and Erin owned as JTWRS and Robert died then Erin would be the sole owner. That scheme of ownership could not be changed by a will.

If they do not want the other to become the sole owner if one dies then they should take the property as tenants in common. If Robert and Erin were tenants in common and Robert died then Robert's heirs at law would inherit his half or he could leave it to someone in his will.

You need to decide what should happen to the property if one should die and then have that reflected in the deed.