Estates

In order for title to real estate to pass to the heirs the estate must be probated. Until it is the property will remain in the estate and can't be sold, refinanced, transferred or mortgaged. It cannot be insured because the deceased owner can't apply for insurance. If you don't notify the insurance company the owner has died it may refuse to pay if there is a claim made for fire damage, storm damage, injury, etc. If the property is uninsured and someone is injured on the property they can sue the estate and may become the new owner.

In a will or trust, a general power of appointment allows the holder to use discretion to distribute the property. A limited power of appointment limits the distribution to a named class. With regard to trusts, a trustor who retains a power of appointment also retains ownership in the property for tax purposes, probate purposes and in the case of attaching creditors. You should always seek the advice of an attorney who specializes in wills and trusts for the drafting of an instrument that will both meet your needs and federal and state legal requirements. You may read more about powers of appointment at the link provided below.

When a person dies intestate (without a will) the court must appoint an Administrator to settle the estate. The court's first choice would be the surviving spouse. If they cannot serve any child can request appointment as the Administrator. The family should get together and agree on one person who has the best communication skills, organization skills, intellectual skills and integrity. You should consult with an attorney who specializes in probate law.

An EXECUTOR is named in the case of the existence of a will. (testate)

An ADMINISTRATOR is named by the court in the case of no will (intestate)

The will of the deceased (if it exists) will be the guide which the court follows.

There is no limit to the number of executors a testator may appoint in his/her will. See the related links below for the procedures when there are more than one executors and what happens when one of several executors dies, is removed or resigns.

Your property needs to be removed prior to the sale. Once the property has been sold you have no right to enter.

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.

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.

Yes. The court will appoint a new executor when it is notified that the first executor it appointed has died.

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.

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.

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.

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.

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.

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.

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.

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."

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.

You don't, but the estate does.