How do you claim a property inheritance if relative illegally quit-claimed property?
It is likely the only option is to file a lawsuit and present evidence that the property was fraudulently conveyed to the person who now holds title.
If there is a missing witness signature on the will does it make it completely invalid?
It depends on how many witness signatures there are, most places require at least two. If there is more than one copy, and the witness remembers signing one of the copies, they can attest to that in court, but that can be suspect in trying to prove that the one they signed was identical to the one being presented.
If it was a typed will, there could be a problem, particularly if someone contests the will. If no one contests the will, the executor can use it to distribute the estate.
Can irrational behavior be grounds for dismissing an Executor?
You must express your complaint to the court that made the initial appointment, and provide examples of the irrational behavior. The court will review the matter and render a decision.
How does a marriage affect a will in Ontario?
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.
How do lawyers determine the fee they charge for reading and probating a will?
Probate laws and procedures vary widely State by State, however in CA and many other States, probate statutes, in most all circumstances, predetermine the fee a probate attorney will receive if an estate goes through the probate court.
In addition, a Probate Judge, may reduce the standard percentages an attorney may receive.
In CA, the more the estate is worth, the lower the percentage gets.
As far as "reading" a will, I'm not sure what you mean. It's not like the movies. You might have the attorney explain legalese things you don't understand in the will, especially if he/she was involved in writing it, but I certainly wouldn't pay them to read it.
Does an inheritance after a person's death need to be part of the estate?
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.
Can you have both your children as executors?
Yes you certainly can and they can also be your trustees too!! Some people also have more than 2 executors!!
Can you disown partial inheritance?
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.
What if the heir to an estate cannot be located?
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.
I am not an attorney, but I recently visited one and was told that if they are responsible for handling all my business after I passed, they would charge a percent of what I'm leaving for their fees and then they will distribute the rest to the beneficiaries that I have listed.
The person who has been appointed executor or executrix of the estate is responsible for distribution of any remaining assets after all debts and taxes of the deceased have been satisfied according to state probate law.Open an estate! That is the whole reason to have one, to insure property is properly transferred. Consult a probate attorney in your state.
Can you be removed from the property of my deceased husband's life estate?
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.
Can a lien be put on a property deed if the deed has several different names?
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.
In Texas if you die and your heir named in your will is dead who will receive the proceeds?
Don't know for sure, but I'm guessing the great state of Texas.