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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
How do we go about find the contents of a will if the lawyer in charge will not speak to us?
Go to the court handling the probate and ask to see a copy of the will that was filed in the name of the decedent's estate.
That is the duty of the executor, to be accountable for all distributions from the estate. They have to answer to the court.
What expenses can be charged to manage an estate. Would this include time and mileage?
Many states specify the rate of reimbursement. Reasonable costs for mileage and time are normally charged. The court approves the charges as part of the estate's accounting.
Property owner dies who bonded someone out of jail what happens?
If any funds were returned they would become part of the decedent's estate. If the suspect agreed to pay the funds back, in writing, the funds should be paid to the estate.
A vendors lien is the right of a seller to retain the property till payment of the purchase price
Can you sue heirs of estate if the estate owns a rental property and a renter gets hurt.?
No, you sue the owner, which is the estate.
When someone dies without a will why would the estate go to the government?
The estate of someone who dies without a will (intestate) doesn't necessarily pass to the government. It passes to their heirs at law under the state laws of intestacy. You can check the laws in your state at the related question link below.
When a person dies intestate with no known heirs at law their estate escheats to the state since that way, it benefits everyone. The state doesn't want to take the estate from anyone who is entitled. Therefore if an unknown heir comes forward eventually, who can prove their relationship to the decedent, the state will turn the remaining assets over to that heir.
if you can get a copy of that years tax return, did she make any big ticket purchases that year? hire a private detective for a few hundred dollars, the money will be worth the peace of mind and he will have the resources to find the information.
After ten years together the man dies so does his companion have any legal rights to his property?
You have no right to your deceased partner's property unless you are the surviving spouse or unless he left a will with you as his beneficiary. Marriage creates a legal status that bestows hundreds of rights on the parties. If there is no marriage then legal documents such as wills and health proxies become extremely important as the only other way to acquire legal rights.
How long does a deed have to be in your name before you can sell a house in phila pa?
As soon as you have taken title to real property you can sell it. However, it is always a good idea to use the services of an attorney who specializes in real estate to make certain your transactions are handled properly and the documents are properly drafted. Errors made by non-professionals can be expensive to correct, if they can be corrected.
It depends on the state and his will, if he gives everything to you in his will, or at least the house, then you have no issue at all, but if there are children from a previous relationship and the husband has no will, you might have to buy them out or sell the place if they inherit under the state laws of intestacy. Check with your local laws and make sure you and your husband have wills.
When is a will determining distribution of estate read to survivors?
Whether or not a will is "read" to the heirs and beneficiaries varies by the custom of the country and state. Here in the United States, the custom of getting everyone together and reading the will to them is no longer followed (unless the Decedent placed special instructions in the will for this to be done.) Although, sometimes the attorney for the executor will meet with the family and describe the probate process and the will.
What is important, at least in California, is that the holder of the original will lodge it with the court within 30 days of the date of death. (Lodge means to file with the court, but without starting an action.) This protects the will from loss. Failure to do this step can result in damages assessed against the holder of the original will (if, for example, an heir losses out on his or her inheritance.)
For more information and probate, estate. and wills, take a look at the offerings in your local law library. Or, check you local county bar association for a lawyer referral service or with a local probate attorney.
Joint accounts generally include the rights to survivorship. This means the funds in the account that belonged to the deceased automatically pass to the other account holder(s). The funds are not subject to probate procedure, nor are they subject to any terms stated in a will. It is possible that an estate tax could be levied on the portion of the account belonging to the deceased, but in most cases the amount would need to be substantial for that to occur.
Who can sign a correction deed for decedent?
If a corrective deed is required for a deed executed by someone who is now deceased, the deed must be executed by the court appointed estate represented according to the laws in the decedent's jurisdiction. You should contact an attorney who can review the situation.
If a corrective deed is required for a deed executed by someone who is now deceased, the deed must be executed by the court appointed estate represented according to the laws in the decedent's jurisdiction. You should contact an attorney who can review the situation.
If a corrective deed is required for a deed executed by someone who is now deceased, the deed must be executed by the court appointed estate represented according to the laws in the decedent's jurisdiction. You should contact an attorney who can review the situation.
If a corrective deed is required for a deed executed by someone who is now deceased, the deed must be executed by the court appointed estate represented according to the laws in the decedent's jurisdiction. You should contact an attorney who can review the situation.
What are the administrative duties of trustee after trustor dies?
You need to review the terms and provisions of the trust for your instructions.
Does the executor have the right to prevent heirs from entering the property in Virginia?
You should contact the attorney who is handling the estate if you have any questions about the executor's rights and responsibilities.
Once the executor has been appointed by the court, she/he has the responsibility of securing and safeguarding the property until it can be distributed once the debts of the decedent have been paid. Since the executor has that legal responsibility, they cannot allow people to come and go from the property, especially people who don't understand the probate process and may remove property from the premises.
You should contact the attorney who is handling the estate if you have any questions about the executor's rights and responsibilities.
Once the executor has been appointed by the court, she/he has the responsibility of securing and safeguarding the property until it can be distributed once the debts of the decedent have been paid. Since the executor has that legal responsibility, they cannot allow people to come and go from the property, especially people who don't understand the probate process and may remove property from the premises.
You should contact the attorney who is handling the estate if you have any questions about the executor's rights and responsibilities.
Once the executor has been appointed by the court, she/he has the responsibility of securing and safeguarding the property until it can be distributed once the debts of the decedent have been paid. Since the executor has that legal responsibility, they cannot allow people to come and go from the property, especially people who don't understand the probate process and may remove property from the premises.
You should contact the attorney who is handling the estate if you have any questions about the executor's rights and responsibilities.
Once the executor has been appointed by the court, she/he has the responsibility of securing and safeguarding the property until it can be distributed once the debts of the decedent have been paid. Since the executor has that legal responsibility, they cannot allow people to come and go from the property, especially people who don't understand the probate process and may remove property from the premises.
How can I find out if I am a named beneficiary when a decedents family will not cooperate?
Contact the probate office in the county were the testator died. Get a copy of the death certificate and ask to see this person's probate file. A copy of the will should be in the file.
What is the role of estate surveyor and valuer in development process?
The roles of Estate Valuers and Surveyors include:
1. Giving advise on site locations
2. Sourcing of funds on large housing schemes on behalf of clients.
3. Preparing feasibility and viability appraisals of housing development schemes etc.
If a person who owns property conveys it by deed before their death and they bequeathed the same property to someone else in their will, the deed prevails. If the property was already conveyed to someone else the property was not part of the estate assets when the testator died.
You don't have all the elements necessary to acquire an enforceable contract. "Apparent" authority doesn't count.
What is a fiduciary agent and why would I have one?
" A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence.[1] " A fiduciary duty is the highest standard of care at either equity or law. A fiduciary is expected to be extremely loyal to the person to whom they owe the duty (the "principal"): they must not put their personal interests before the duty, and must not profit from their position as a fiduciary, unless the principal consents. The fiduciary relationship is highlighted by good faith, loyalty and trust, and the word itself originally comes from the Latin fides, meaning faith, and fiducia. When a fiduciary duty is imposed, equity requires a stricter standard of behavior than the comparable tortious duty of care at common law. It is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary duty conflict, a duty not to be in a situation where their fiduciary duty conflicts with another fiduciary duty, and a duty not to profit from their fiduciary position without express knowledge and consent. A fiduciary cannot have a conflict of interest. It has been said that fiduciaries must conduct themselves "at a level higher than that trodden by the crowd"[2] and that "[t]he distinguishing or overriding duty of a fiduciary is the obligation of undivided loyalty."[3]
How do you know if a person who has died has an estate?
All persons have an estate
It may be just the clothing they are wearing but Legally there is an estate.
Ask who is the "Executor". The family and immediate Friends will know who. In most jurisdictions the Executor is required to file with the government and wait a period of time.
This person is assigned the task of winding up the deceased affairs and distributing the estate.
My sister and I inherited our mother's estate. Can our husbands claim a share of that inheritance?
It depends on where you live.
In the United States a husband has no "control" over his wife's separate property. Even in a community property state any property acquired through inheritance will be considered separate property and will remain the sole property of the recipient. You should make certain not to commingle the inheritance with marital funds. Keep inherited cash or stock in a separate account- always. Also, keep in mind that if your spouse provides manual or financial assistance that enhances the value of your inherited property such as real estate, they may be entitled to a portion of the value in the case of a divorce.
State laws vary. You should consult with the attorney handling the estate who can review your situation and explain your rights and options.
No, in order be executor, you must have a probate court order. Banks and other individuals must have the court papers in order to reveal any information. It should be pretty straight forward and the court house can provide the appropriate forms for you, but a propate attorney can be a big help.
