Estates

Merger of title in the law of real property is used to describe a situation whereby a lesser title is absorbed by a greater title and the lesser title disappears. It is commonly used when referring to easements and mortgages.

Suppose James Smith granted a mortgage on his property to Elizabeth Murphy. Murphy would now have a security interest in the property. That mortgage would remain as a lien on the property until it was paid off and a discharge was recorded to clear the title. If Smith couldn't pay off the mortgage and decided to move away he could convey the property to Murphy by deed if she agreed. Murphy's interest under the mortgage would "merge" with her fee interest under the deed and the mortgage lien would be extinguished. There would be no need to record a discharge of that mortgage.

Now suppose a farmer split a narrow but deep parcel into two lots, one with frontage on the road (A) and one requiring passage over Lot A for access (B). He sold the rear lot (B) to MacDonald with a right of way over the front portion (A). MacDonald and successive owners will always have access over Lot A to reach Lot B. Therefore Lot A will always be encumbered by the rights of the owners of Lot B to cross over their lot.

If the owner of Lot A later purchased Lot B the easement in the right of way would merge with the fee when the same owner acquired the title to both lots. The easement in the ROW would disappear.

An heir to an estate is usually the spouse, children, or next of kin. The heir may also be named in a will. If their is none of these options, then the estate will go to the state.

If the agreement is properly drafted there should be a time of duration or performance set forth in the agreement. The agreement should clearly state the terms of the agreement, whatever is being agreed upon by the parties, and, it should set forth a dated by which the agreement should be fulfilled or terminated.

Sometimes a will might specify that someone must survive the decedent for a period of time (such 30 days) before the inheritance is distributed. Once you have actually inherited the money, it belongs to you and you can do with it as you please. If the money is actually held in trust, then the dispostion would be governed by the terms of the trust document. Another factor will be how the property is held by those that inherited it. If there is a right of survivorship clause, the estate would not get it, the siblings would get it. I am truly sorry to hear about your mother's death. A Will usually has an Executrix (female) or Executor (male) or possibly a Trustee. It is up to them to account for every cent of the total Estate which includes the house, contents, properties, stocks, bonds, monies in accounts, cars, boats, etc. This all must be Probated first and once the Probate is passed (takes from 6 months to a year) then after all creditors and lawyers have been paid and the Executor/Executrix/Trustee takes a percentage (anywhere from 1% - 5 %, but anything over 3% is usually questioned) then the total Estate is divided amongst the Heirs according to the instructions of the deceased (your mother)which is probably the four of you siblings. The house can be sold to anyone of the siblings should they chose to buy it and at market value, or the majority has to agree to sell it or not sell it. This also goes for property. Wills are meant to be followed to the letter so no matter what the Heirs think is fair the deceased has made up their Will to what they want and not what the Heirs feel should happen. Example: You mother chooses to leave more to one sibling than another; she could also leave the majority of her Estate to the Black Sheep of the family; a church or any other organization she has stipulated. In most cases all jewelry (unless specified in the Will) goes to the daughters along with China and linens. If there is a son in the family your mother may leave the son something of value or momento or make up the difference in cash if the others are girls in the family and receive more from expensive jewelry, china, etc.

If your credit score above 500 , and have been employed for at least 1 to 2 years, you might be able to get a loan through your bank or credit union to buy out the mortgage from the current lender. If you have not ask the current lender how you can assume the loan, try asking them and explained them about your situation and see what you can do.

Generally, no. However, a testator may file their will in probate for a nominal fee where it will be safeguarded in the files until it needs to be probated. If a testator decides to take advantage of that service they should make it known to other family members that their will has been filed for safekeeping.

The money will go into an escrow account for a period of time. The time varies based on state laws, but could be as long as 7 years.

First you should consult with an attorney if the decedent left property that must be distributed. There are specifically defined (by state laws) persons who can be appointed to administer the estate of a person who died intestate. A probate attorney can draft the petition and the court will appoint an administrator who can settle the estate according to state laws and under the supervision of the court.

Not sure why you want to put a lien on the property. If you have been left the property, you shouldgo and get the deed. In order for the individual to leave you the property, they had to be named in the deed. In order for anyone to sell it after their death, they are going to have to get the probate court's permission. And the only person they will allow to sell it is the executor or the person it was left to. I would consult an attorney for the jurisdiction where the property is.

Yes.

she should write on the back of cheque this is a loan to whoever and get them to sign and date it

A receipt and some sort of valid valuation for the item.

An heir may sell property by deed if the estate has been duly probated and the heir acquired all the interest in the property under the will. The estate must be probated in order for title to the real estate to pass legally to the heirs.

If the estate has not been probated the deed would be null. If the estate was probated and the heir did not inherit a 100% interest then her/his deed would only convey the proportionate interest they own.

No. An inheritance is not considered joint property, so you are not entitled to any portion of your husband's share of his inheritance.

No, they cannot refuse to pay, if there is anything to pay out. They are required by law to pay off the debts of the deceased. Then they must execute the will as written.

Open an estate. Consult a probate attorney in Maryland on what needs to be done.

Is there any trust named by Marhaba trust in Pakistan?

You can contest it if you want to, but if the daughter's name is listed as a co-owner of the property, and they owned as joint tenants with the right of survivorship, then it is her sole property when mom dies. There might be a case for undue influence.

If you mean a person outside the US then the answer is, yes.

No. The executor has the power and authority to settle the estate according to the provisions in the will and the state probate laws. A guardian is appointed to act on behalf of a child or legally incapacitated person who may be a beneficiary. The guardian is treated by the executor as though she was the person she represents if that person had legal capacity.

If they have real property you could check in the land records office to see if the Attorney-in-fact has recorded any documents affecting the real estate. If not you will need to ask the person directly.

I don’t know