Estates

It may be worked out that way in the will. Or if a trust were set up that way, it is often done to protect assets.

In England, chattels are goods capable of being transferred by delivery. If the beneficiary refuses to collect their inherited property then you should send it by currier to be delivered with a signed receipt and charge the cost to the estate for that service. Or, you should petition the court for guidance.

A claim that gets paid only after higher priority claims are paid in full. Higher priority claims can include expenses of last sickness, funeral expenses, expenses of administering the decedent's estate, and sometimes child support.

I am very sorry about your parent's passing. Usually the bank statements are sent to the Executor (male) or Executrix (female) that was named in the Will. It's obvious that one or more of you were Power of Attorney over your parent while she/he was living so yes, you should have done simple bookkeeping as to what is spent on your parent's medical care, hospital stay, possibly the cost of staying in a nursing home, etc. It really isn't the law, but just good business sense so there isn't any second-guessing amongst Heirs in the Will. My mother passed away 2 years ago. When she was in the nursing home my brother was Power of Attorney. His duties were to pay all the bills such as medical expenses, etc. He had the right to sell her condo and the money from the sale went into her account. I was an Heir and I had the right to ask to see the transactions of ALL that went on while my mother was still living. I didn't of course because I trusted my brother. Sometimes when there is a disbute in the family, the lawyer, before dispursing the money can show exactly where the money went. Probate also usually takes care of all your problems. An Executor/Executrix HAS TO ACCOUNT for all monies spent while that person was living right down to the funeral costs. Probate makes sure that all creditors (including personal/property taxes) are paid in full and what is left in the Estate (Residue) is disbursed amongst the Heirs. Marcy

Generally no but you haven't included any detail. You can ask the court to review the issue and compel the executor to pay the legacy. The executor can withhold money to pay the debts of the decedent. By law, they must be paid before any distribution to the beneficiary. If the debt in question is on the decedent's credit card the executor must pay it.

Generally no but you haven't included any detail. You can ask the court to review the issue and compel the executor to pay the legacy. The executor can withhold money to pay the debts of the decedent. By law, they must be paid before any distribution to the beneficiary. If the debt in question is on the decedent's credit card the executor must pay it.

Generally no but you haven't included any detail. You can ask the court to review the issue and compel the executor to pay the legacy. The executor can withhold money to pay the debts of the decedent. By law, they must be paid before any distribution to the beneficiary. If the debt in question is on the decedent's credit card the executor must pay it.

Generally no but you haven't included any detail. You can ask the court to review the issue and compel the executor to pay the legacy. The executor can withhold money to pay the debts of the decedent. By law, they must be paid before any distribution to the beneficiary. If the debt in question is on the decedent's credit card the executor must pay it.

The executor IS the owner of the property, for the purpose of probate.

A will need not be expensive, unless it is complicated.

The following words could be a perfectly valid will, if properly executed, witnessed and notarized: "I leave everything to my son, Harold."

If the estate is expected to be of any size (say, over $200, 000), then an attorney should be consulted prior to execution of a will, even though you could certainly draft it yourself for his or her review. If the estate is closer to a million dollars, you are in the wrong forum and should be talking to a professional estate and tax planner.

The intestate (without a will) share of the surviving spouse varies in different states and countries according to the laws of intestacy. You can check your state laws at the related question link provided below.

Yes

The executor is responsible for the estate's assets. This means making a complete inventory of the house. The inventory must then be submitted to the court. They can protect the assets by preventing access to the home.

The court must make the appointment and the beneficiaries should be served notice.

The first question is, "Do you know how to probate an estate"?

If the staff at your probate court is extremely helpful, you follow their technical directions to the letter and you have some legal experience you may be able to handle a simple estate on your own.

However, keep in mind that the staff is prohibited from providing any legal advice.

If Grandad died intestate an administrator must be appointed to make distribution of his property. The administrator must obtain a license to sell the real estate and then may convey it with only her signature. If the estate has already been probated then all the heirs as tenants-in-common must sign the deed. That can be accomplished by sending around a copy of the deed with separate signature & acknowledgment pages for each owner to sign and have acknowledged. All the heirs would be listed as grantors on the deed and all the signature pages would need to be attached.

Executors are always entitled to compensation for their efforts unless the will specifies otherwise. And even if the will doesn't allow for it, the court may rule that they are entitled anyways.

You haven't provided enough detail. If the funds are depleted because you mishandled them, you will be held accountable. The court will require an accounting from you in which you will need to show all the property and funds coming into the trust and all the money going out. If you can't account for where the money went then you may be in trouble. You should consult with an attorney who can review your situation and the trust records and determine if you have any personal liability.

Yes. A life estate is available as an estate planning tool in West Virginia.

The laws of intestacy for the state in question will apply. The debts settled and the remainder divided per the law.

Typically it would be expected that the estate would cover the minimal cost of transferring the title, particularly if the will specifies who is to get it. If the estate does not have sufficient assets to cover the cost, it would not be unreasonable to request the beneficiary to cover it.

The personal represenative of the estate should pay them from estate assets if they are valid claims. The beneficiaries would not pay them.

Yes. When a person dies intestate, or without a will, their property passes to the next-of-kin according to the state laws of intestacy. Each state has its own scheme and in many states the children will acquire a share. Generally, there is no "fight" required. The estate must be probated in order for title to the property to pass to the heirs. When the estate is probated the process will simply be carried out according to state law. You can check the laws of intestacy in your state at the link below.

I must add...Health Care debt was to be covered by Living Trust arrangement and was in litigation at time of other owner's death. Right of Survivorship was not altered prior to owner's death.

Arkansas, like most states, look at a number of factors involved. Typically the estate is responsible for paying the debts, including the medical bills of the deceased. If a child has co-signed any paperwork regarding medical procedures, they may be held liable. If they hope to inherit a house, they may have to pay the bills to avoid the house being sold to pay the debts.

Your "fiance's" children are his legal next of kin. If he dies intestate they will inherit his property under the state laws of intestacy. If he writes a will and leaves property to you, the will must meet any statutory requirements for disinheriting children. Otherwise the children may be able to make a claim. You have no other legal rights unless you are married.

A relative who happens to be next-of-kin is not necessarily the same thing as a beneficiary. A Beneficiary is a person who receives something tangible. For example, a person named to receive something in a will is a beneficiary under such will. Similarly, a person named to receive the proceeds under an insurance proceeds is referred to as a beneficiary. Next of kin refers to the nearest blood relatives of a person who has died, including the surviving spouse. It may also be used to refer to anyone who would inherit part of the estate by the laws of descent and distribution. See related link below: