Estates

Trust law is extremely complicated. And yes, an improperly drafted trust can leave your property exposed to creditors and taxes. A revocable trust implies that you maintained some control over the property. That may cause the property to be exposed to creditors. The surest way to protect property is with an irrevocable trust. You should consult with an attorney who specializes in trust law and tax law.

If the decedent owned property then the will must be probated. Once a will is filed for probate it becomes a public record and you can request the file and review the will. However, if you are a named beneficiary or an heir at law, you should receive a notice in the mail that the will has been presented for allowance and someone has petitioned to be appointed the executor.

The deceased passed away 2 years ago in Missouri. The grandson that had the power of attorney has not filed the will as of yet that we know of. The other two grandchildren are wanting to get it settled as their grandparents house was supposed to go to the youngest grandchild. This has not happened yet. Please help.

Depending on the state in which the decedant resided in , but normally if they had a Will it is 10 days after death. If they had a trust it is 30 days.

Complex estates can take many years to sort out and close. In Washington there is no set time frame for closing an estate.

If a person on social security disability inherited a property and then "deeded" it to a person who is underage there is one property. Why do you think there are two?

Not nearly enough info to answer question. Did your sister deplete your mother's estate prior to your mother's death? Did she have "power of attorney" to do so? Was your sister named as the Executor of the estate? For what did she spend the money and under what circumstances? (e.g.: Executors have broad discretion to disburse the estate of the deceased to pay all the outstanding bills and debts of the deceased.) Was the will probated through the court system? If a sufficient amount of inheritance is involved and/or you have questions about your sister's handling of the estate, you probably should consult with an attorney skilled in the area of probate law.

If the father paid Social Security taxes, minor children are entitled to survivor benefits. (www.ssa.gov). For private benefits through a pension or anuity or insurance program you would need to have some idea of the holder of the policy or fund. This information might be available from places where he was employed.

By law, it is supposed to be included in the estate and disbursed along with funds from the sale of property.

The spouse gets the home. The children are not entitled to a portion of the home. They are not required to get anything from the estate.

trust fund overage

There is no time limit. The length of time of the marriage has no effect on the statutory rights of a legal spouse. The surviving spouse has legal rights . . . period.

You can check those legal rights under your state laws of intestacy at the related question link provided below.

Most likely Massachusetts will have different laws from other states, although all states' laws must stay within the laws of the Federal Government. All states have their own elected officials who draft and pass laws that reflect the needs of citizens of the state.

Yes, Massachusetts labor laws are different from other states. One of such differences is the minimum wage because Massachusetts has a higher standard of living.

That child's interest would pass to any living parent and if no parent to their siblings.

The court will appoint the executor and typically will grant it to the person the children request.

Yes. The "benefactor" or owner of the property can grant any amount of rights in the property.

No.

You would need to contact the probate court to determine if the will was filed. You can find contact information for the Probate Court in Perth at the link provided below.

Most states requre that the probate courts be allowed to investigate all of the finances of the deceased.

Generally, you would be considered an heir at law only if you were legally adopted and only to the extent provided by the laws in your jurisdiction unless you are mentioned as a beneficiary under the will.

In New Jersey even if you were not adopted you would be entitled to a share of your stepfather's estate only on the slight condition that there is no will, no surviving spouse or domestic partner, no surviving descendants and no surviving grandparents or descendants of grandparents. NJSA 3B:5-4(f).

This statue does not make stepchildren heirs at law on a par with natural and adopted children. Natural and adopted children (and their descendants) will still take to the exclusion of stepchildren. It merely saves an estate from escheating to the state in absence of heirs at law and gives it to stepchildren rather than to the state.

When a beneficiary dies before a testator there are two things that can happen--either the gift will lapse, meaning that it will not pass to them but will stay with the estate or the gift (in this case money) will go to the family of the now deceased beneficiary. Whether one happens over another will depend on the wording in the will and the nature of the gift

You are just the guardian. You own nothing.

As I am not an attorney, nor in the legal profession, this will be a layman's answer, until a professional improves it. The laws governing Probate [the process of settling the just debts of a deceased's estate, and distribution of the remaining assets to legally qualified beneficiaries] are different in each state, and are governed by the Probate laws or statutes of the state in which the deceased had legal residence at the time of death. Generally, when a person dies Intestate [without a legal will], most state laws divide the deceased's assets[after paying all just debts of the deceased] between the legal spouse and the legal children of the deceased. In community property states the spouse already has half of all the assets of the marriage, and is entitled to half of the deceased spouse's half. The remaining half of the deceased's interests, are divided as equally as possible among the qualified children. Again, I remind readers of this answer that I am not an attorney, nor in the legal profession, so it is imperative that you consult an attorney, preferably well experienced and qualified in Probate Law, before making any decisions. ==Additional Information== Click on the link provided below and choose your state. Then click on "Read the Law".

The executor must distribute the estate according to the provisions in the will and the state probate laws. Any time an executor encounters a difficult situation that involves not being able to follow the provisions in the will (such as not enough assets to pay debts and legacies) the executor can explain the situation in a motion to the court and ask for a ruling. The court will review the problem, apply state law and render a decision that instructs the executor how to handle the situation. The decision protects the executor from any future claims of malpractice as the executor.

No. If the estate has been probated and the file is closed then the owners by inheritance can convey the property by a deed that cites the probate as their source of title. An attorney who specializes in conveyancing should draft the deed.