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Estates

Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.

6,325 Questions

What happens if you did in North Carolina and have no will?

what is if you did in north carolina?"

i think they mean if u died. and i rly dont know

What recourse does a beneficiary have when the Executor gives away all significant belongings before the beneficiary has an opportunity to choose something?

Plenty... there is a whole body of law called "Equity" that grew out of precedent and became formalized in the UK, to protect the rights of beneficiaries, especially minors, incompetents and family members where there is no will written, or in contested wills and such. The law of many countries seem to follow English law on most general issues.

To answer your question more specifically, are you a named beneficiary of the will, and are the items listed in the will per se? Are the items gifted to anyone specifically in the will, if not the items in question would presumably become what is known as residuary items and usually the residual items are proportionately spread amongst the multiple beneficiaries or given to the only beneficiary. Note however that in the calculation of the residual items, monies must first be deducted for estate taxes, debts, fees and expenses of the administration. If no money is available, personal items such as paintings, furniture etc could be sold to pay the estate's expenses.

Any grievance on your part should be documented at the first opportunity and in the US you could discuss this and document your grievance with the District Attorney, or taken to a family or probate court (in USA) or in England to chancellory court.

If the executor has taken action but say only after many years (eg 5 years after the death of the settlor), your case would be weaker. If the executor acted in concert with the other executors your case would be weaker. If the executor did this action without contacting any beneficiaries, your case becomes much stronger. If the executor gave items to non-family persons, and you are family, your case becomes strong. If the executor gave items to family members who are equal to yourself in relationship to the deceased settlor, (eg. you are one of many children) your case is still a good one, as you should have participated in the sharing.

Is a car considered part of the debt of an estate to be paid by the estate?

A car would be a part of the estate. If there is a loan on the vehicle, the estate has to determine what to do. They can sell it if it makes sense.

What is distribution in kind?

Distribution of asssets "in kind" generally means that the asset itself is distributed to a beneficiary as opposed to the asset being sold with the cash being distributed. An example is where an estate has physical assets like stock certificates or real estate. The beneficiaries can normally request that they get the certificates or property (in kind) or that those assets be sold by the executor with the cash being distributed.

Does WV accept wills made in FL?

If the will meets the requirements in WV there shouldn't be a problem. The majority of the states have similar laws and I see nothing in the WV code that will prevent them from honoring it.

What happens when someone refuses to sign the claim on a life insurance policy?

If they refuse to sign the application for a claim, they will not be paid the proceeds of the policy.

If an estate is closed and two years later the deceased comes into money what happens to that money?

The estate would need to be reopened and the funds would pass according to the terms of the will or by the laws of intestacy if there was no will. A fiduciary would need to be appointed to represent the estate and distribute the funds.

Take out equity on life estate?

It is unlikely a lender would advance any money to you on your life estate. If you died the life estate would be extinguished and the lender would have nothing. The most valuable aspect of a life estate is your use of it during your lifetime. Therefore, it's valuable to you but no one else.

Who is your mothers next of kin to your mother when she is sick?

In most cases the next of kin would be the spouse. If there is no spouse, children would be considered.

Can a person remove you as executor of their will if they have been diagnosed with a mental illness such as dementia?

They certainly have the right to do what they wish. If they are suffering dementia, it might be a good idea to have someone trustworthy appointed as their guardian. Some one should also be appointed to protect their assets.

In Virginia can the beneficiaries of a Will contest the transfer of property if it was done months prior to death of the owner?

In most states, the executor of the will can challenge any gifts given in the last two years prior to death. Yes, I believe the executor/ix would be obligated to challenge any transfers that it is believed was done under some type of undue or unfair influence of the recepient. However, not because the transfer just changed what the original beneficiary expected, wanted or thought they may receive. (Basically, the property was the decendants to do with as they wanted, until the time of death.)

Can you refuse an inheritance after filing?

You may decline an inheritance. It allows you to adjust who gets what according to the will.

Can a will be probated in another country?

Yes, if the decedent owned property in that other country it might even be required by that country to effect proper transfer of title. Even if the will had been probated in one of the states in this country, it might also be probated in the other country. This is called "ancillary probate", meaning that the other probate is ancillary to the first. Some countries have their own requirements for a valid will and most likely, that country's laws will determine its validity. So even if a will is probated here, it might not be probatable elsewhere.

Is a joint owned house in an estate?

No. Real property owned by two (or more) people as joint tenants passes automatically to the surviving joint tenant upon the death of the other.

Can real estate that is deeded to an irrevocable trust be sold by the owner?

Absolutely not. The person who transferred the property to an irrevocable trust no longer owns the property. Their deed would be null and void. The trust can sell the property as long as that power was granted to the trustee in the Declaration of Trust. For an effective transfer of the property the deed of transfer must be executed by the trustee.

How do you put automobiles into living trust?

You should seek the advice of an attorney who specializes in trust law in your jurisdiction.

You should seek the advice of an attorney who specializes in trust law in your jurisdiction.

You should seek the advice of an attorney who specializes in trust law in your jurisdiction.

You should seek the advice of an attorney who specializes in trust law in your jurisdiction.

Who has rights to my dead stepmother's estate?

Your stepmother's next of kin would inherit any property she owned at the time of her death if she died intestate, or, without a will. You can check your state intestacy laws at the link below.

How long after a family death can a beneficiary sue an executor of the estate?

The will must be admitted to probate. The executor must be appointed by the court. Then, the executor must do something that violates their legal responsibilities. That could take months or that may never happen. You seem to already have something in mind.

Who is laible for real estate prior to the probating of a will. If something happens are the people who will eventually inerit the real estate responsible and can they be sued prior probate of the wil?

As soon as a person dies title to real property passes to their heirs. However, the estate must be probated for the heirs to acquire 'legal' title. Probate establishes a public record of the death of the owner and the identities of the heirs. A will should be filed within 30 days of the death in most jurisdictions. You should consult with an attorney who can review your situation and determine what your options are. Perhaps you should file a claim against the estate. The attorney will be able to advise you.

Is it possible to withdraw from being executor of an estate in Ohio?

It is certainly possible to withdraw from the duties. The court will appoint someone else to serve.

When both parents are deceased without a will can one of the eleven children force the sale of the family home?

Yes. However be prepared for some legal expenses and two or three years in court. Better for everybody to get together and come to an agreement to buy/sell each other out. * It depends upon the state probate succession laws and how the title to the real property in question is worded.

Is Oklahoma a community property State where property is split 5050?

Is Oklahoma a communith property state. Does a man who has grown children have to split what little he has with them or can he leave his wife everything?

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