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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
Generally, yes, as long as sufficient records are kept to determine which, if any, benefits were distributed improperly. For example, painting and landscaping the property would be a serious waste of the estate money if the property is going to be immediately deeded to an heir (who should reimburse the estate for the expense). However, if paint and landscaping are reasonably necessary to liquidate the house FOR the estate, then those improvements may be part of the reasonable cost of sale of the house to the joint benefit of all beneficiaries of the residue.
You can record a lis pendens in the deed records. Technically, it means "suit pending," but it can be filed to put prospective purchasers on notice that you have an interest in the home. However, if it truly is your mother's house, I'm not sure you have an interest in the home. If your mother lack's capacity, perhaps a guardianship for her would be appropriate.
What happens to savings when a person dies?
Depends on if they have a will or not. Also if they have any outstanding liens or judgments against them. You need to check with the laws in your state as far as claiming a relatives monies. You may have to post an ad in the paper making claim to the cash so you put others on notice, etc. Check it out.
That will depend on the value of the estate. The executor will have to file a tax return with the IRS and the state of New Jersey for the estate.
First check with the bank to see if your father named a beneficiary for the account. If not then you need to petition the probate court to be appointed the Administrator of your father's estate. The court will issue Letters of Administration that will give you the legal authority to take possession of his property, pay his debts and make distribution to his heirs.
Is a Will valid if the only one Executor appointed in it dies?
Yes. The court will appoint a new executor when it is notified that the first executor it appointed has died.
What is New Yorks Greatest distance from the North to South and the east to West?
New York's greatest distance is from east to west. The distance from east to west is 330 miles and the distance from north to south is 283 miles.
In the UK, an assured tenancy is the usual form of letting if:
- · you are a private landlord and your tenant is a private tenant;
- · the tenancy began on or after 15 January 1989;
- · the house or flat is let as separate accommodation and is the tenant's main home.
Your father's assets became a part of his estate. His debts must be paid from his estate. You need to file a probate so his creditors have notice of his death. They can then file claims against his estate. His Social Security stipends should have been used to pay his debts.
If the claims become too complicated you should seek legal advice on how to pay them. There is a statutory scheme as to who gets paid first. If the debts aren't paid according to the provisions of the law the people in charge of his assets can be held personally liable.
Does a court appointed administrator have authority to sell assets of an estate?
That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.
That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.
That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.
That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.
No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.
No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.
No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.
No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.
Do Heirs have all rights to intestates estate?
The estate must be probated and the court must appoint an administrator. The state laws of intestacy will determine who the heirs-at-law are. The debts of the decedent must be paid before any property is distributed. Once the probate proceeding has been completed the remaining property will be the property of the heirs at law.
You can check your state laws of intestacy at the related question link provided below.
How does an executor of a will administer the proceeds?
Usually there is a bank account set up by the Executor for the Estate of the deceased. Into this account all other bank accounts and savings can be added by the Executor as well as any death benefits payable, Tax credits or returns, etc., and proceeds of sale of the deceased person's house (if applicable). Once all expenses are paid out from the monies, IE cost of funeral, lawyer fees, Executor fees, loans, lines of credit, etc., the monies can be divided amongst the beneficiaries according to the provisions of the Last Will and Testament. This can be done by way of certified cheque, bank draft, money order, or cheque from the Estate account, etc., however the Executor deems appropriate. The beneficiaries are sometimes asked to sign releases after they've received their bequests and after all the monies are paid out, the duties of the Executor are complete.
One who wrongfully detains a thing is called an involuntary trustee.
An involuntary trust is a trust created by a court by operation of law to benefit the party that has been wrongfully deprived of their property by fraud, accident, mistake or some other wrongful act.
What does the form in appointing an executor of your will look like or is there one?
An executor is designated in the will itself: "I designate [or nominate or appoint] John Smith to be the executor of my will."
If the designated executor is not a spouse or adult child of the testator, it is useful to identify the proposed executor in some way or to give some reason for appointing such executor John Smith which subsequently be possible to corroborate in a court of law as why should this executor be appointed: "I appoint John Smith as executor of my Will. John Smith is my close friend having served as a fellow engineer in the MV Tampa during the period 1997 to 1998. " When the matter comes before the probate court, John Smith would only have to show the court his ship certificates or continuous discharge certificates (CDC) to actually prove he was with the deceased during that period, and as good friend the reason why the deceased chose him to be the executor.Unless there is a challeneg to the appointment, no identification documents are likely to be needed.
There are a lot of matters in proving a Will before a probate court. Not merely the witnesses, but also the surrounding circumstances. Many states now provide for a "self-proving" will, executed before a notary public by the testator and the witnesses. No explanation is necessary, as long as no one challenges the will.
When is the parole evidence rule applied?
The parole evidence rule applies when there is a (signed) written document that would be contradicted by oral testimony.
In other words, "if it ain't on the papers, it ain't part of the deal."
Am i the executor been first next of kin?
The executor must be appointed b y the court. If you have the will in your possession you need to file the will for probate and request that the court appoint you as the executor. Once you have been court appointed you will have the authority to settle the estate according to the provisions in the will and the state laws under he supervision of the probate court.
Make a list of all your valuable property including family heirlooms, jewelry, bank accounts, real property, life insurance, etc. Then write a list of how you want your property to be distributed at the time of your death. You can include any instructions you would like your executor to follow. Think about who you would like to be the executor of your estate- who would be responsible and organized, and settle your estate most efficiently.
Review what you have written after a couple of weeks and then make an appointment with an attorney who specializes in probate law. She will review your lists with you, review your situation, explain legal options you don't know about and draft a will that reflects your wishes and complies with state laws.
Does the father or children of the deceased take precedence in making funeral arrangements?
What does the will say? Who is executor of the estate? Were any plans made by the deceased?
The answer will vary depending upon a number of factors, including the state or country involved. Are they legally recognized as his children? If he is listed on the birth certificate, or they can prove he was the father, then they have some rights. The answer will depend on what his will says. It may also depend on what his mother's will says. In general, if neither of them had a will and they are legally recognized as his children, the children would be entitled to a share in the estate. Consult a probate attorney in the appropriate state for the exact answer.
United States
The duties of the Executor (with a will) and an Administrator (without a will) are too broad to write them all in this forum and they vary from state to state. Briefly, the general duties are the following:
- Safeguard the assets, changing locks if necessary until the will is presented for probate
- Select the attorney who will handle the estate
- Submit the will for allowance and petition for appointment as executor or petition for appointment as Administrator if there is no will
- Publish notice and notifies heirs at law and beneficiaries
- (Once appointed) Open an estate account if necessary
- Assemble, Inventory and take custody of assets
- Notify Social Security and insurance companies of the death
- Pay the debts of the estate according to statutory priority
- Administer the estate according to the provisions of the will and/or state law
- File the estate tax return
- Distribute the estate
- File the final account
Does guardian of estate have more power than administrator of estate?
No. A guardian of an estate is the person appointed by the court to manage the property of a living person (the ward) who is incapable of managing their own property. The guardian's power and authority expire immediately upon the death of the ward but the guardian must file a final account with the court that details any assets that came in to the ward's estate since the last account and any that went out.
The administrator of an estate is the person appointed by the court who has the authority to settle the estate of the decedent, or the person who has died. The administrator has the responsibility and authority to file an inventory of the decedent's estate with the court and has the legal standingto file a motion to compel the guardian to file their final account.
It depends on who gets the property after her life estate terminates. If the property was deeded to the children with life estate reserved for mom, then all she would need to do is transfer the life estate to the children as well.
However, a life estate can also mean the property reverts to some other ownership, say, a charity or some other relatives.
If the person who granted the deed with the life estate is still alive, perhaps a new deed can be created that will supersede the earlier one. Ask your real estate lawyer.
