Estates

A marriage in Ontario will invalidate an existing will to the extent that the new spouse must be adequately taken care of. Ifa spouse dies without a Will, the surviving spouse will receive a spousal preferential share of the deceased's estate ($200,000.00 at this time) plus a large portion of the balance of the estate. Under the provisions of the Family Law Act (FLA) and/or the Succession Law Reform Act (SLRA). Under the FLA, a surviving spouse can elect for a property equalization if the Will does not provide a satisfactory legacy. The SLRA provides for dependent's relief if the surviving spouse's support needs are not adequately covered by the estate.

max of 6% by law

Once someone has died, they can longer receive an inheritance.

You must consult with an attorney who specializes in trust law and who has a good reputation in the community. The attorney will review your situation and explain your options. Most importantly, she/he will draft a trust that is valid under state laws and meets your needs. It is important to draft a trust that will be invulnerable to challenges. That is the only way to protect your children's interests.

Yes you certainly can and they can also be your trustees too!! Some people also have more than 2 executors!!

You cannot disown inheritance, but you can refuse to accept it. This is called renunciation or a disclaimer.

Most (if not all) states require a will to be filed with the clerk of the court in the county where the decedent lived. Once the will is filed, it becomes public record and anyone can request a copy.

The money can be held in trust by the court and they may turn it over to the county auditor. But the executor should make an honest effort to locate the individual by paying a private investigator to conduct a nationwide search through databases which are more accurate, or I can assist you with the search as a genealogical researcher with access to similar databases. If you need help see my bio.

$150 Million

Open an estate! That is the whole reason to have one, to insure property is properly transferred. Consult a probate attorney in your state.

Yes. If your husband was the sole owner of the life estate then it was extinguished when he died.

This situation depends on the tenancy that was recited in the deed. If you were joint tenants with the right of survivorship then full ownership automatically passed to you upon your mother's death and there is no need for probate. However, if you owned as tenants in common, your mother's half interest would pass to her heirs at law and the estate would need to be probated for title to vest in the heirs.

Yes. The lien can be recorded against any one property owner's interest.

While that would help speed up the process after she dies, it isn't necessary because she has a will.

Yes. If the beneficiary does not want to assume the financial responsibility of the property he or she is not legally entitled to do so. They may refuse the bequest and the issue will be disposed or distribted according to the state probate laws.

Don't know for sure, but I'm guessing the great state of Texas.

Yes some were half

If the trust was set up as a testamentary trust the testator could have conveyed any property that she owned prior to her death. In that case the property would not become part of the estate nor part of the trust upon her death. There are many cases where a testator devised property in an outdated will that she no longer owned. That land is gone. It was not part of the trust property.

Too late. It was too late when the written request was sent in to and received by the insurance co. If it was a verbal request, I suppose you could be dishonest and lie. Whole life or Cash Value life insurance is for a persons "Whole Life" and therefor generally should not be cashed in unless it was planned that way from the start. The death benefit really helps at the time of....well...death. 4lifeguild

No, they do not approve executor fees. The probate court will do that and in most cases it is limited by law.

Yes. However, the first executor would need to have just cause to be successful in a petition for the removal of the other executor. Factors the court will consider include but are not limited to the following: neglect of duties, waste of assets, lack of cooperation with co-executor, unwillingness to act responsibly and effectively. The court will review the matter and decide if it would be in the best interest of the beneficiaries to remove that co-executor.

According to your question, your mother and your daughter owned property together. That deed should be recorded in the land records. If they owned as joint tenants with the right of survivorship, when your mother dies her interest in the property would pass automatically to your daughter and bypass probate.

If your mother signed a quitclaim deed that conveyed her interest to you, that deed must be recorded in the land records. By executing that deed, she broke the joint tenancy she had with your daughter and now you and your daughter own the property as tenants in common. Your mother no longer owns the property and it would not be included in her probate estate.

Letters testamentary are issued by a probate court to the executor or administrator of the estate of a deceased person, and provides a license to the person named to collect the assets and pay the debts prior to distribution of any gifts to heirs.