Estates

Not unless there was some type of fraud or duress involved and the matter would need to be addressed by the court.

New Hampshire recognizes common law marriage for purposes of probate only. In other words, they recognize a common law marriage at the time of the spouses death to ensure the surviving spouse can receive the inheritance with no issues.

Yes. The surviving joint tenant would be the sole owner of the property and can sell it. A copy of the death certificate of the decedent should be recorded in the land records to provide proof of death.

All the definitions for corrigendum refer to corrections to a document or printed material. That does not seem to be the appropriate term for your situation.

The following is general information. If the attorney-in-fact under a Power of Attorney has retired and can no longer serve in that office, the POA should be revoked and a new POA must be executed. A copy of the revocation should be given to any facility where the POA had been used in the past.

In theory, Malaysia owns Ambalat (which is subject to a territorial dispute between Indonesia) with the publication of a map by Malaysia in 1979. The map shows that the area within its Malaysia territorial waters and continental shelf but Indonesia has profusely objected to the map. Ambalat is the sea block of the Celebes Sea beween Indonesian province of East Kalimantan and south-east of the Malaysian state of Sabah. This whole region is formerly known as Borneo. Located at the heart of the Indo-Pacific basin Ambalat is near the centre of one of the richest marine habitats in the world called Sipadan. More than 3,000 species of fish and hundreds of coral species have been classified in this ecosystem. The absence of territorial sea boundary between Indonesia and Malaysia, consequently, leaves an uncertainty regarding the sovereignty over the territorial sea (water column). Meaning Indonesia still can claim Ambalat due to the fact Malaysia has agreed a seabed boundary but have not yet agreed a boundary for the water column.

Gosong Niger is part of the seabed that is divided by the boundary line where two third of the seabed fall within the Indonesian side. With regard to this, the ownership of the sandbar is considerably clear. As there is a precise line, it should have been clear who own which seabed. However, Indonesia has never officially announced the exact locations of its maritime territorial limits. Consequently, the Malaysian navy had chased Indonesian fishermen out of Ambalat while Indonesia further accused Malaysia of 35 violations of disputed territory.

This case is by no mean similar 2002's Sipadan-Ligitan Island where 16 out 17 judges from International Court of Justice (ICJ) awarded Sipadan-Ligitan from Indonesia to Malaysia on a basis of effective occupation. Malaysia has been actively established a permanent tourism service around the area and provide facilities for diving, swimming, and other aqua-tourism activities around Ambalat. In that case, the 'effective occupation' (Effectivités) is a relevant consideration to decide the sovereignty over it. Sipadan- Ligitan a new Malaysia's territory and archipelagic basepoints and this could theoretically put Indonesia in a worse position to claim Ambalat.

Malaysia will not refer the dispute with Indonesia over Ambalat to the International Court of Justice in the Hague, Defence Minister Datuk Seri Ahmad Zahid Hamidi said in June 2009. Instead, he said the matter should be resolved through the existing brotherly diplomatic channels.

You need to review the terms of the trust to determine how a new trustee must/can be appointed. A beneficiary/trustee invalidates a trust in many jurisdictions and may make the trust property vulnerable to creditors. You should contact the attorney who drafted the trust.

In some cases yes if the doctors or nurses are corrupt. For example: My great-aunt of 92 years owned a great deal of property in Banff, Alberta. She loved the great outdoors and wanted to keep the property natural and pristine. One doctor, a teacher and a lawyer came to her death bed (she was still conscious) and without anyone else around they had her sign a completely new Will. My father went to Banff from Vancouver to try and stop this and his lawyer basically told him "they have more money than you, and they'll win!" My father was willing to fight, but my great aunt passed away before he could. The change in the Will was so confusing and conniving had been going on so long my father could afford to keep taking trip to Banff to sort it out. They won! Another case in point. If a person is dying of cancer and up until their last few days before death they are considered sane, and the dying person requests that their Will be changed (could be a fight in the family and the dying party would like any monies or property taken from that person) the dying person can request from their doctor that his lawyer (or if they don't have one) a lawyer can come to the facility and make up another Will according to the dying person's wishes. It is usually witnessed by possibly two doctors and some nurses. If the person is in the process of passing away and even has Dementia the existing Will still stands! Usually people make up their Wills earlier on and it should be revised every 10 years or when you have children, etc. Sometimes we simply change our minds as to where we want to leave our Estate. Wills are for a reason and the wishes of the deceased should be followed to the letter even if many family members don't agree. A Will can be contested if one thinks there has been some funny business going on, or the Executor/Executrix is keep things too secret. For this all you need to do is see a lawyer and present your case and if the lawyer thinks you have good grounds the case will go to court. If it goes to court then you can hold up that Will for 3 or more years (back logs in court)and anyone rotten enough to try and steal an Estate from under the nose of the existing heirs won't want to wait that long for their money, so the judge will either see fit to leave the Will as is, or if there are extenuating circumstances he can have the the Will split in half. Marcy

sue. but do you have proof? depends on the situation. both co-executor have a certain amount of control over estate. was the co-executors directed by a living will or some official documentation? some things get too sticky when there is more than one chief and everyones got their hand in the cookie jar. be more specific with a question. if their more than one person on a bank account, is their someone with a power-of-attorney, does it concern a living will, etc.

you must wait until the house sells, and all bank accounts are accounted for, life insurance, and other earnings the deceased may have had. money is not dispersed as it comes in because nobody knows the amount of the estate yet, estate taxes have to be paid first. and if the deceased had unpaid bills, loans, ect. then all that has to be satisfied. once all those things are done, and there are no surprises. then you will receive a letter from the probate court telling you how much all the heirs will be receiving. if there is money left after bills, funeral costs, or unpaid bills. all this can take anywhere from 2weeks to literally years. so hope it all goes fast for you...it should go smoothly as long as there are no objections from other heirs.

Texas law can get very specific as to who has an interest in the intestate estate. Generally speaking, Texas is a community property state and therefore distinguishes between community property and separate property. There are different rules for each type of property. All of the community property belongs to the surviving spouse unless there are heirs that are not related to the surviving spouse. If this is the case, then the spouse will receive one half of the estate while the heirs will have the other half to divide among themselves. If there are no surviving children or heirs then the surviving spouse will inherit the separate property as well.

The General order for distribution is:
(1)spouse
(2)children
(3)parents
(4)brothers and sisters

If a will exists, yes. However, if there are no assets in the name of the deceased to be distributed, then it is not necessary to probate the will. If a will does not exist, the deceased is considered to have died INTESTATE (without a will). In that case, the surviving spouse, or if none, then one of the closest next of kin will be appointed by the probate court as administrator of the estate. The administrator must pay all proper debts and distribute any remaining assets strictly in the manner set forth in the state's laws of intestacy. The state does not take over the estate nor does it take the assets of the estate just because there is no will. Assets are never distributed as the Probate Court sees fit. Nevertheless, since the scheme of distribution in the laws of intestacy might not be what the deceased wanted, (something you will probably want to avoid at all costs) it is best to have a will.

Generally, under the laws of intestacy, the siblings would take an equal share in the estate and the children of any sibling who predeceased the decedent. Laws vary from state to state. You can check your state laws of intestacy at the related question link provided below.

Legally, yes. Actually, it would be at the discretion of the estate lawyer and the executor of the will as per their issue of integrity. Notification is required by the court system but there is no checking if it is done, or they may be understaffed, and then you are out of luck.

Generally, that means they must work together unless the will grants the power to act independent of each other. In practice, two executors acting independently of each other is a bad very idea unless they get along and communicate extremely well. Some estate tasks could be delegated to each one of the co-executors but both should sign legal documents such as deeds. Acting independently would make it difficult to maintain records, to do an accounting and to keep abreast of the status of the probate process. However, laws vary from state to state. You should ask the attorney who is handling the estate.

You need to step up and make claim against his estate as a possible heir as soon as possible. Contact an attorney about this. Biological children have inheritance rights even if their parents were never married.

It means the life tenant named in the deed has the right to the use and possession of the property for the duration of their natural life. The property cannot be mortgaged or sold without their written consent. After their death the property will be owned free and clear of the life estate by the fee owners.

The residual is everything left after the debts of the estate is settled and specific bequests are resolved. It refers to anything that is left after any specific bequests are satisfied. The residue is everything left over that is not specifically listed or named, which could include land and a home.

To inventory the estate, pay off the debts and distribute any remainder in accordance with the intestate laws of the jurisdiction in question.

A Lady Bird Deed is an enhanced life estate that is only available in a few states including Florida. The transaction could be amended by a reconveyance of the property from the grantee back to the original owner. The deed could then be executed again with the desired changes. However, the transaction should be handled by an attorney who specializes in real estate and is familiar with your state laws.

Every state has its own laws regarding inheritance. The answer depends on many factors such as whether the son was married or whether he left children, whether the children are minors, whether he left a Will, etc. Generally, if a person who is not married dies his estate goes to his parents after his debts have been paid unless he left a valid Will that names someone else.

The remainderman would own the property in fee simple. That is absolute ownership. That owner could sell the property or leave it to his beneficiaries in her/his will. If they died intestate (without a will) the property would pass to their heirs at law according to the state laws of intestacy.

The estate will be held responsible. Given that the spouse was a card user, they can also be held responsible if the estate doesn't resolve the issue.

Yes an inventory is part of the required duties of the executor. A full accounting of all assets and debts is required.

Yes it does, in addition to the inheritance tax. The estate tax applies to estates having a taxable value of $675,000. For more information, i.e., bad news, go to: www.state.nj.us/treaury/taxation