Estates

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.

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.

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.

Yes. That is typically accomplished by disinheriting that child in your Will.

6 months after the issuance of the letters of testamentary/administration.

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.

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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.

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.

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.

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.

she died in the toilet bowl giving birth Megan

If someone inherits a property in Romania belonging before to a German citizen is it supposed to pay taxes in both countries ?

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.

That will depend on how the IRA was set up. It might not be required if your are the listed beneficiary of the IRA.

If it is her father... She has every right in the world to see it. His wife can not keep it away.

If the beneficiary of a life insurance policy predeceases the insured, the insured should make arrangements to name a new beneficiary. If they do not, the policy proceeds will become part of their estate if they die without naming a new beneficiary. You should consult with the insurance company.

This is a complicated issue. Generally, a wife has no legal claim to any property inherited by her husband during his life. However, she may inherit an interest in any property he owns at the time of his death unless it was bequeathed to some other beneficiary in a valid Will. She may also have a claim to property he inherited if marital assets were used to maintain or improve it. An example would be real property such as a two family home inherited by the husband. If you think your situation is similar to any mentioned above you should consult with an attorney who can explain your rights and options.

A life estate does not have an affect on someone's disability. It may certainly affect their ability to collect disability payments.