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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
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Can you petition to force the sale of a property if you own one third interest?
Yes. You can Petition to Partition the property in a court of equity. If allowed, the court would then appoint a commissioner who, if dividing the property is not feasible, will market and sell the property. The net proceeds, after legal expenses, will be equally divided among the tenants in common.
What is a simple explanation of the Rule Against Perpetuities?
Title to property cannot be left hanging indefinitely. It must vest at some definitive time. The RAP limits a testators ability to control land forever from the grave.
Do you have to live in the state of KY to be the administrator of an estate?
No, there is not a residency requirement. You may have to post a bond for the court.
It depends on what state you live in what happens when you marry someone who owes back child support. In a community property state, such as California, he owns half of anything his wife owns, whether or not it is in his name. This means that a lien can be placed on your home even if it is only in your name, once you are married.
It can be disputed if it doesn't meet the requirements in your state. You need to check with an attorney who specializes in probate to make certain the will is properly drafted to accomplish what you desire.
No, but the action is not necessary as auditing the estate is one of the procedures done within the probate court.
Who is appointed administrator when intestate?
State laws vary on who can be appointed the administrator of an estate. Generally, the surviving spouse is favored. If there is none or they decline, a child or other heir at law. Generally, it must be someone who is an interested party. A creditor can be appointed.
The trustee should be required to file an account every year that can be reviewed by the beneficiaries of the trust. They have an interest in both the trust property and that the trustee not waste, misuse or steal any of the trust assets. If the trustee is being secretive then the trust should be reviewed for any provision that address the removal of the trustee and the appointment of a successor. If there are no such provisions IN the trust document, a petition should be brought to a court of equity. A judge can appoint a new trustee. Any trustee who refuses to be accountable to the beneficiaries is not "trustworthy".
Can you claim Payment for being administrator of family estate?
Yes. The functions performed by an Administrator can be extremely time consuming. It involves a lot of work. The amount they should be paid is set forth in the various state probate codes.
Can a remaindermen sell life estate property in South Carolina?
A person with a remainder interest can sell their interest. However, the property remains subject to the life estate until the life tenant dies or releases their life estate in writing.
These are selections from the Virginia intestate succession statutes. (Title 64.1, Wills and Decedents' Estates, Chapter 1, Descent and Distribution)
64.1-1. Course of descents generally.
When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course:
First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.
Second. If there be no surviving spouse, then the whole shall go to all the intestate's children and their descendants.
Third. If there be none such, then to his or her father and mother or the survivor.
Fourth. If there be none such, then to his or her brothers and sisters, and their descendants.
Fifth. If there be none such, then one moiety shall go to the paternal, the other to the maternal kindred, of the intestate, in the following course:
Sixth. First to the grandfather and grandmother or the survivor.
Seventh. If there be none, then to the uncles and aunts, and their descendants.
Eighth. If there be none such, then to the great grandfathers or great grandfather, and great grandmothers or great grandmother.
Ninth. If there be none, then to the brothers and sisters of the grandfathers and grandmothers, and their descendants.
Tenth. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors.
Eleventh. If there be no paternal kindred the whole shall go to the maternal kindred; and if there be no maternal kindred, the whole shall go to the paternal kindred. If there be neither maternal nor paternal kindred, the whole shall go to the kindred of the husband or wife, in the like course as if such husband or wife had died entitled to the estate.
If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.
If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.
If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.
If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.
If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.
If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.
If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.
If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.
If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.
If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.
If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.
If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.
What if the beneficiary consent to the sale of property which is subject to a life interest?
A life estate, like any other interest in land has value. It can be sold or traded, or simply given up, if the holder so wishes.
Who benefits from capital improvements made during a life estate?
The legal owner does. The person who originally granted the life estate.
Can a holographic will be contested if it is already in probate?
An estate can be contested until it is closed. You would be well suited to retain an attorney to contest a will. If there is any ability to get you something they will know how.
Can a marriage be void by a secret marriage before?
Yes. If a person is already married in the United States any subsequent marriage would be null and void legally unless the prior marriage had been terminated by a court decree. However, it would also be a criminal offense for the person who knew they were already married.
What fee can an executor of an estate charge in DC?
"Reasonable compensation" is what the law says. Division III - Title 20 Probate and Administration of Decedents' Estates (DC ST 1981 § 20-751).
Typically that would be at the normal hourly rate for the individual performing the work.
Do other documents need to be recorded if the quit claim is signed by executor?
The executor must be duly appointed by the probate court, and must meet one of the following requirements:
- Have the power under state law to sell real estate.
- Have power under the will to sell real estate.
- Petition the court for a license to sell real estate if neither of the previous powers exist.
The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.
If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.
The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.
If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.
The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.
If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.
The power of an attorney-in-fact under a General Power of Attorney is extinguished when the principal becomes incapacitated. An attorney-in-fact under a Durable Power of Attorney, or Medical Power of Attorney, can sign a Do Not Resuscitate Order. However, they cannot execute any instrument naming themselves as beneficiary of the patient's assets. Self dealing by a legal fiduciary is against the law. The decedent's property will pass according to the terms of their will or according to the state laws of intestacy if they had no will. You can check your state laws at the related question link below.
If the situation mentioned in the question occurred it should be discussed with an attorney and brought to the attention of the court.
If your brothers and sisters have a "life estate", then it means that you (or your heirs) will not receive clear title until they have all died. From your wording it is difficult to say whether you also have a joint interest DURING their lifetimes (i.e., could claim part of the rent as yours, etc), or have any obligation to pay the property taxes.
My father has power of attorney over my mother if he dies does it transfer to his executor?
No. A Power of Attorney expires immediately upon the death of the principal or the attorney-in-fact unless the Power of Attorney document provides for a named successor.
Probably not but it is going to depend on the state you live in.
Should a parent consider their adult child as an equal?
YES! Especially if the "adult child" is not financially tied to the parent or still living under their roof. To call someone "below you" is the definition of condescending. Living your life with hierarchies in mind, can only damage one's relationship with their "adult child" as their move from mother/daughter to friends.
AND STOP BELIEVING EVERYTHING YOU READ ON THE INTERNET. ANYONE CAN POST!
