0
Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
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.
Can a person named in a will still inherit if someone else has a quick claim deed to the property?
You are referring to a "quitclaim" deed. If the deed is valid then the person named in the deed is the rightful owner.
She should have the rights to the house. Normally when a person dies without a will, the state has a default will that they use to determine who gets the assets. Check with an attorney for your state. * In every state the current spouse of the deceased is entitled to the homestead or a portion thereof. Generally the largest portion of an estate is awarded to the surviving spouse by means of the state probate succession laws when the person dies intestate. Furthermore, the primary residence of the married couple is never entered into probate procedure in community property states or included in probate procedure in other states unless the property title bears the names of persons other than the surviving spouse.
Can creditors collect on a property going to probate court?
Yes. The debts of the decedent must be paid before any assets are distributed to the heirs. An estate that contains real property must be probated in order for title to pass to the heirs legally. There is a statutory period when the probate case is filed during which creditors can file a claim. That period varies from state to state.
How does a coroner determine whether a drug overdose was a suicide?
Answer It's very difficult to tell if the person had a history of drug use. The coroner usually checks the liver, kidneys, spleen, lungs and heart upon autopsy (the filtering organs can tell a lot). Depending how soon after death the autopsy is done is very important. If the person had a long history of drug abuse, then it's usually "death due to drug over-dose" or "heart attack from over-dose of drugs." If the person does not have a long history of drug abuse then the coroner will certainly do a more extensive search. The person could have taken too large a dose or could have had a malfunction of their heart from birth. There are so many scenarios. The coroner will go by the amount of drugs found in certain organs and determine if it was just an over-dose or upon examining the body to see if the injection site (if there were any) was a forced. If the amount of drugs found in the person (who may not have had a previous drug history) is great, then murder is always a suspect. Generally a person with a drug history that passes away (just a matter of time) is not labeled as "suicide", but a coroner's report such as: "Mr. Smith died from _____ amount of Crystal Meth with a percentage of _________ contained in the liver and kidneys. Stomach content was empty ........ (and so on.) Most of us know that hard core drug users are obviously hooked on the drugs and are unfortunately classified as "the walking dead." It's difficult to stop the habit and thus, it's a matter of time before the person expires. There are instances where kids can go to a party and try Crystal Meth or other drugs and the dose is too strong (they could have been drinking first) and between the alcohol and the drugs it could have caused heart failure. You don't have to be a hard core user of drugs to die from one hit of a drug. Also many of the street drugs could be contaminated (on purpose.) Another instance could be that a teenager is depressed (teenage years, no matter what generation we grew up in, can cause slight depression) and the teenager went to a party and decided to try a hit of Crystal Meth or another narcotic and the dose is too high (unknown to the person taking it) and they have heart failure or choke on their own vomit. This wouldn't be considered suicide. Hope this answers your question, and if you have a family member or friend that has died as a result of drugs, then I am very sorry you are going through this.
Drug levels and findings in the various systems (cardiovascular, for example), will reveal what contributed to and ultimately resulted in death, yes. The most obvious--and only conclusive--indicator of suicide is a note, written by the decedent or credible assertion(s) by someone to whom the decedent revealed his intent to kill himself.
Well, if they are garnishing your wages, than probably yes. What you should do is call and bargain with them to pay them off. If you owe $1,000, tell them you can pay $500. It's better just to pay if off and be done with it. After all, it was you who was spending the money you didn't have in the first place. Also, you are going to have to pay taxes on this settlement so be looking out for that as well.
An estate is a property of large extent with a large and elaborate home on it. In more modern developments an estate lot is used to describe an exclusive development of large lots with elaborate homes that are sometimes called McMansions.
Estate is also used to describe all the property owned by an individual at death.
Can a parent disown an adult child?
Yes. That is typically accomplished by disinheriting that child in your Will.
In Texas how long do creditors have after being notified of death to respond against an estate?
6 months after the issuance of the letters of testamentary/administration.
What rights does a son have to his mothers grave?
Your mother probably had her funeral arrangements made out and put in her Will. Any family member can go up and visit their loved one's grave and no one can stop them from doing so. Also, when you decide to make a Will you can request being buried with your mother. In Canada it is allowed three times every ten years. If you feel a crime has been committed and you want your mother's coffin exhumed then it has to be done by a court of law.
Added: If you are referring to what 'property' rights you have in a burial plot - unless it is situated on your private property, it is most likely located in a cemetery and may have been paid for in advance. If such is the case, it is considered to be a piece of property which is subject to being disposed of in the deceased's will and it can be inherited.
A bit more:
In the US, most cemeteries are open to the general public. So if you are referring to the visitation of your mother's grave, you have a right to do so. But if her grave is on private property, you will need permission from the owner of the property to visit her grave. I will add though, it is no longer common to have have private family burial plots on private land, as it was until around the mid twentieth century. In order to do so, you have to have special permission to legally have that small piece of land declared a cemetery, even if it's just for one grave. And there are specific codes you have to follow, such as putting some type of fencing around it, a headstone or grave marker, etc.
AnswerYou haven't provided any detail as to the reason for your query so the following is general information regarding legal rights to burial plots.
Generally, the purchaser of a burial plot obtains limited property rights, i.e., the exclusive right of burial, subject to the rules and restrictions in the contract of sale and subject to state laws regarding burials. When a purchaser dies intestate the rights to the plot pass to the heirs as intestate personal property. A burial plot could also be specifically mentioned in a will. The spouse of an original purchaser has the right to be interred in that plot. Heirs will need to provide proof of inheritance to the owners of the cemetery if they wish to exercise their rights under the contract. Therefore, copies of probate decrees should be filed with the cemetery office.
You should visit the main office at the cemetery to determine what rights you may have pursuant to the original contract and any special instructions that were executed by your mother or the original purchaser of the plot. The office will also be able to inform you of state laws regarding burials.
Who places real property into probate?
If there is a will the named executor must submit the will to probate and petition for appointment as the Executor. If there is no will then a qualified person (family member) must petition for appointment as the Administrator of the estate. When the petitions are 'allowed' the estate comes under the control and supervision of the probate court.
What is the time limit for a beneficiary of a Trust to challenge it?
Challenges to the creation of a trust usually focus on the capacity of the person creating it or whether the grantor was unduly influenced to create it. Challenges to actions of trustees focus on the trustee's fiduciary duty to the beneficiaries (the highest duty one person can have to another). These are torts. The statute of limitations for a tort will usually be two years. The period begins when the tort occurs or, under the "discovery rule," when the person complaining should have, in the exercise of due diligence, discovered the tort occurred. If the plaintiff was a minor when the tort occurred, the period might begin upon the minor attaining the age of majority, usually 18. There are exceptions, of course. There always are.
Who has right to buy deceased car if brother and sister both want to buy it?
The executor will have to determine sale price and who it is sold to. If there is no Will, that is usually the next of kin or someone appointed by the probate courts.
Can you include another person to the will?
Answer If you are the bearer of the Will you can add anyone on it or take anyone off the Will. If the person who had the Will has passed on and you would like someone in the family or a close friend of the deceased to receive monies or a portion of property then it's up the Heirs of the Will to decide that. A Will should be changed every five years or sooner if there are any changes such as adding on a person, leaving jewelry to certain people or taking someone out of the Will, not to mention if you have sold your property, home you have mentioned in your last Will. Don't forget to also have a "Living Will" if you choose not to be resucitated or taken off life support.
Can an adopted child be cut out of a will in the state of Oklahoma?
Any child can be cut out of a will by the testator. There is no obligation for a parent to leave anything to an adult child. The court will insure that minor children are looked after. By law, an adopted child is the same as a natural child.
The beneficiaries have no authority as to how an estate is to be handled. That is the duty of the executor or executrix who will be held personally and legally accountable to the court for all assets and property belonging to the deceased. Therefore the executor has a legal obligation to inventory ALL property and assets and to accurately enter them into the probate filing of the estate.
If someone inherits a property in Romania belonging before to a German citizen is it supposed to pay taxes in both countries ?
Does a power of attorney have to pay the debts of a decedent if there is no estate to settle them?
No, the estate has to pay the debts unless someone else guaranteed the debt. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
