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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
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.
What is the meaning of merger of title regarding real property?
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.
When a man dies in Toronto Ontario how much of his money in the bank is the widow entitled to?
Intestate distribution in Ontario:
Since 1978, Ontario law states that the estate of an intestate deceased person is distributed as follows:
- To the spouse, if living, the first $200,000 (effective April 1, 1995);
- To the spouse and children, the excess over $200,000 shared according to specific rules;
- If no spouse, to the children and descendants of the deceased, if any;
- To the parents of the deceased if no spouse or descendants;
- If no surviving parents, to brothers and sisters, and children of the deceased brothers and sisters;
- If no brothers and sisters, then to living nieces and nephews;
- When more remote relatives are involved, special instructions may apply.
NOTE: Half-blood relatives share equally with whole-blood relatives. Children include those born outside marriage and adopted ones.
You can read more about this at the link provided below.
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.
What is a time limitation of agreement?
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.
If you lost a registered deed to the property will that cause a problem?
Generally, a lost deed will not cause a problem as long as the deed was filed in the land records office. A deed is executed to transfer ownership of property to the grantee. Recording the deed in the land records provides permanent proof of the transfer of ownership. In a subsequent sale of the property the original deed does not have to be produced since the title will be checked in the land records. The recorded copy of the deed will suffice as proof of ownership. Once a deed has been recorded you can obtain a copy for a nominal fee. The only time a lost deed can cause a problem is when it was not recorded. See link.
Your question contains numerous inconsistencies. No one is a beneficiary under a Power of Attorney. A POA expires upon the death of the person who granted it. No one has any rights in an estate until the estate has been submitted to probate court and an executor or administrator has been appointed by the court. The estate must be distributed under the supervision of the court according to the provisions in the will and the state probate laws, or, according to the state laws of intestacy if there is no will.
If you were legally adopted and your adoptive parent has died then you may have rights to a share of the estate even if you were omitted from the will. You may have a right to claim against the will or you may have a claim under the laws of intestacy if there was no will. You should consult with an attorney in your area who specializes in probate. She/he could review your situation and advise you of your options under your state laws.
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.
Are Wills filed in court before the testators death in Massachusetts?
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.
If you inherit money but no one can find you what happens?
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.
How is the head of estate determined after person dies with no will?
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.
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.
Can heir sell family proerty without the rest of the family?
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.
Can an executor who is also an heir refuse to pay out other heirs?
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.
What should you do when your mother has died without leaving a Will in Maryland?
Open an estate. Consult a probate attorney in Maryland on what needs to be done.
