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Estates

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

6,325 Questions

Are executor fees taxable if the executor receives none of the inheritance?

Fees received by an executor are not classified as inheritance and therefore are not subject to an inheritance tax, but they are classified as income, and are subject to income tax.

When the administration is closed can the administrator sell property?

No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.

If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.

No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.

If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.

No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.

If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.

No. In fact, an administrator must apply for a license to sell the property. An administrator doesn't have any authority to sell property without a court order. Once the estate has been closed the heirs at law own the property. The deed must come from those heirs.

If property is discovered after the estate is closed and the heirs wish to sell it through the estate the administrator (or another qualified person) must petition to be appointed the administrator de bonis non (of property yet to be administered) and then must apply for a license to sell the real estate.

Do all heirs to an estate have the ritght to be present during all hearings?

Yes. You should receive a notice of the date of the hearing and you can attend.

Do codicils to North Carolina wills need to be signed in North Carolina?

Not necessarily. They need to be signed or initialed by the person for whom the will was drafted. The signing or initialing can be done ANYWHERE.

If a person dies in Virginia are the stepchildren considered as heirs?

Wills say it all, and that's why people should have one (even people in their 20s if they have personal posessions or property.) If this person in Virginia has left a Will, then the only way step-children would get any portion of the Estate is if that deceased has provided this in his/her Will. As step-children, and if you feel it's unfair then you can "contest this Will." If the person died intestate, a stepchild will be considered an heir by operation of law only if the stepchild was legally adopted by the deceased party. Otherwise the will determines who the heirs are.

Is an adult child responsible for paying the credit card debt of a deceased parent who died without a will if they are a joint owner of the home in Michigan?

The "estate" is responsible for the financial obligations of the deceased, meaning that a life insurance policy is to be cashed in and/or anything that he/she owns is to be sold and the proceeds of the sale are to be used to pay his/her obligations. If his/her life insurance policy will cover all obligations, you won't need to sell any of his/her estate, otherwise, everyone expects to be paid. That is often the reason probate takes so long and people seem to believe that they never get what they diserve if/when someone dies without a will. Even WITH a will, there must be provision to pay for outstanding debt. You could only be responsible for credit card debt if you were a joint holder on the accounts. If they were his alone or anyone else named on the account was an authorized user only, they would not assume the debt.

What is the first thing to do if your father passed away and there isn't a will?

Speak with friends who can recommend a decent probate attorney in the domiciled county. If they don't know one ask a trusted doctor.

The probate attorney will let you know what to do.

My uncle died without a will leaving a half sister. Who inherits his estate under English Law?

Your uncle's estate would pass to his siblings if he had no living spouse or children or parents and he died intestate (without a will).

If he had any siblings who are already deceased, their children would take the share of their parent. If there are no other siblings involved beside your aunt and your parent it seems that you and your aunt would share the estate. However, you should check with an attorney who specializes in probate law.

You can see a Chart of Intestate Succession in the UK at the related link.

How does a personal representative pay for items when there is no money in the estate?

They don't pay for them. If there are no assets, those owed don't get paid. If there are assets, say a house, they are sold and used to pay the debts.

Do moms know everything?

No, not even close, although i do wonder if my mom can read my mind. :/

What happens to the estate of a child that dies in a motorcycle accident and the parents are divorced and one of the parents is 9000.00 in arears on the child support and hasn't seen them in 4 yrs?

Both parents have a cause of action with respect to the child's wrongful death. Each parent is an heir of the child, in equal shares, absent a Will. hm im not 2 sure whys that Why? Because the divorce of a child's parents is not a divorce of a child from a parent. In other words, it does not terminate the parent-child relationship between the child and either parent.

Can one child remain in house after last parent dies?

It depends on whether there are other children. The last parent's estate must be probated and title to the property will pass under the Will or to the legal heirs at law according to the laws of intestacy if there is no Will.

In North Carolina if husband and wife are both on a deed to a home and one dies can the other person sell?

That depends on how they held tenancy. If they held with the right of survivorship then the surviving spouse would own the property. There would be survivorship rights in a tenancy by the entirety or a joint tenancy with the right of survivorship. If they held as tenants in common others may have an interest in the property if the decedent didn't devise their share to the surviving spouse by will.

Can someone be added to a deed on a home owned outright as say 1 co owner with no money transacted?

if the majority owner agrees Yes, a new deed can be made and signed by the current owner and new owner. it must be witnessed and notorized. Monies need not be transfered, except to pay for the process to be complete and deed recorded with the county. There has to be consideration, even if it's in the form of $1.00!

Do beneficiaries have the right to know the selling price of a property before the Trustees complete the sale?

The trustee has the authority to act on behalf of the trust according to the provisions set forth in the trust. Many trusts require the approval of the beneficiaries prior to any action by the trustee. Many do not. You need to review the provisions of your particular trust to determine the answer in your case.

The trustee has the authority to act on behalf of the trust according to the provisions set forth in the trust. Many trusts require the approval of the beneficiaries prior to any action by the trustee. Many do not. You need to review the provisions of your particular trust to determine the answer in your case.

The trustee has the authority to act on behalf of the trust according to the provisions set forth in the trust. Many trusts require the approval of the beneficiaries prior to any action by the trustee. Many do not. You need to review the provisions of your particular trust to determine the answer in your case.

The trustee has the authority to act on behalf of the trust according to the provisions set forth in the trust. Many trusts require the approval of the beneficiaries prior to any action by the trustee. Many do not. You need to review the provisions of your particular trust to determine the answer in your case.

How long after someone dies can bill collector demand money from an Estate in Ohio?

See the related section from the Ohio Probate Code:

(B) Except as provided in section 2117.061 of the Revised Code, all claims shall be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period. Every claim presented shall set forth the claimant's address.

(C) Except as provided in section 2117.061 of the Revised Code, a claim that is not presented within six months after the death of the decedent shall be forever barred as to all parties, including, but not limited to, devisees, legatees, and distributees. No payment shall be made on the claim and no action shall be maintained on the claim, except as otherwise provided in sections 2117.37 to2117.42 of the Revised Code with reference to contingent claims.

As a beneficiary listed in your fathers will are you entitled to view documentation showing paperwork and distribution of his assets?

Once the will has been filed in probate the file becomes a public record. You can visit the probate court and request the file. You can sit down and review its contents and make any copies you need. It is a good way for the interested parties to make certain the executor is performing their duties as executor. The inventory will show what property was owned at death. The final account should show the disposition of the property.

Your dad died in WV 2 years ago He told he you had a will but you never saw it How can you get a copy of it?

First, check with the county clerk in the decedent's county of residence to find out if the decedent deposited the Will with the clerk for safekeeping during his lifetime. If he did not, then ask his surviving spouse or other survivors who are likely to have it. Failing that, you can hire an attorney to file a motion to compel the surviving family to produce a Will, if it indeed exists. As a practical matter, it would be easy for a survivor in possession of a Will to hide its existence by, for example, burning it, shredding it, etc.

What kind of estate establishes the ownership of property for only the life of the owner?

A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.




A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.




A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.




A Life Estate provides the right to the use and sole possession of real estate for the life of the life tenant.


Why couldn't women own property?

This is an extremely broad topic and can only be addressed very briefly.

Women could own property in various places and times throughout history but most men routinely did all they could to prevent it by passing laws that benefitted men whenever the opportunity presented itself.

Ownership of property brings power and wealth. Some of the earliest human societies and cultures were matriarchal and tribal lands passed through the mother. However, women are always in a vulnerable position because of child bearing and men gradually subjugated women so that husbands and wives were considered one and that one was the husband. In many times and places women had no separate existence under the law and any property she owned or inherited became her husbands property when she married. Unmarried women and widows had the best chance at owning and controlling their own property. In some times and places they required a male guardian to act for them.

Fortunately there were always fair minded men who treated their wives and daughters well. Those men were not always happy that their own lands would pass to their sons-in-law to sell or squander when they died and their daughters inherited their property. Trusts evolved to address that problem. Property could be placed in a trust when a father wanted to make certain the land would always benefit his daughter.

In modern Western cultures, women have the same property rights as men wherever private ownership of property is allowed. Women have full rights of property ownership in the United States, Canada, United Kingdom, and Europe.

In most regions in Africa and Asia women are still denied the right to own and inherit real property. In many places rights come and go as unending political conflicts come and go. This exclusion of women from owning land keeps them and their children in squalid conditions in the overcrowded cities and it keeps them poor. Widows are evicted upon the death of their husbands and women can be evicted from their marital home when their husband takes a second or third wife. On the other hand, although women often make up the majority of small farmers they are not allowed to own the land they farm. However, throughout Africa women are finding a voice and things are changing slowly.

Pakistan has recently set aside land to be distributed to women. The men are angry and fear this will encourage women to seek a more active role in other areas of life. Men have historically taken control of all land. To prevent this from happening the newly distributed land cannot be sold for at least 15 years and the heirs can only be female next-of-kin. This program is meeting up with strong resistance at every step in the process. It will be interesting to see how and if it continues.

Swaziland (2010) has recently granted women the right to own and control property in their own name.

Bolivia has recognized the right of women to own and control their own land since 1996 but the stubborn patriarchal traditions in the villages still deny those rights. This highlights a major problem for women everywhere: Although the law may be on their side the long-standing social and cultural customs deny them their rights under the law and the government doesn't do what's necessary to guarantee their rights.

Is New York a community property state?

No. New York is an equitable distribution state when relating to marital property. The "CP" states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico Texas, Washington State and Wisconsin

The executor of an estate died. An alternate executrix was named in the will. Does the estate become part of the executor's estate?

No. The property is not a part of the estate of the executor.

The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as long as they are willing to serve.

No. The property is not a part of the estate of the executor.

The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as long as they are willing to serve.

No. The property is not a part of the estate of the executor.

The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as long as they are willing to serve.

No. The property is not a part of the estate of the executor.

The court must be notified of the death and a successor must be appointed. The court will appoint the alternate as long as they are willing to serve.

What is a priceless legacy?

A priceless legacy refers to the enduring impact or contributions of an individual that hold immense value beyond material wealth. This can include values, wisdom, cultural heritage, or life lessons passed down through generations. Such legacies shape future generations, influence communities, and leave a lasting impression on society. Ultimately, they are characterized by their profound significance and timeless relevance.

I need to know the law on rights of an heir and responsibilities of the executor of will in Virginia?

You need to schedule a consultation with an attorney who specializes in probate in your area. The probate code is too long to provide at this website.

Where can I access forms for free wills?

Check to see if your state has a "statutory will" form. Many of them have a simple fill in the blank form. A quick search on 'statutory will' and your state will find one.

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