0
Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
Does a Grant deed override a Living Trust in California?
In the state of California, a Living Trust will override a grant deed. You should speak to a lawyer to draw one up.
After more than 7 years of separation is the marriage automatically null and void?
Absolutely not. You must obtain a legal divorce. Until you do you are legally married and will inherit each other's property.
What is the Legal age to inherit property in Virginia?
There is no age limitation. However, if the beneficiary is under the age of 18, the court will appoint a trustee. They will have to report to the court about the trust that is created.
If there is no will how much power does executor have?
If there is no will then there is no executor. If there is no will then the court will appoint an Administrator for the estate and the Administrator will have the power to collect and inventory the property, pay debts and creditors, distribute the remaining estate and sell the real estate if they apply for a license from the court to do so. The law will direct who will get the remaining assets as the legal next-of-kin and how much each will get.
Can you get a body percings if im under age but an adult who is not your parent is with you?
The laws vary depending on the jurisdiction. In most cases no.
How long can a person with a life estate in a nursing long term keep the life estate?
As long as they are alive.
Why would the probate court need to bond some one who is over a will?
There are many reasons why an executor must be bonded, all relating to improper or unlawful performance by the executor. That could be by stealing, distributing property to the wrong beneficiary, failing to pay a creditor, paying creditors in the wrong order, failing to pay estate taxes, causing the waste of estate assets, failure to follow the provisions in the will, failure to perform their duties according to the law, etc.
Who were the two richest US presidents?
It is impossible to accurately compare the wealth of people who lived in different eras. The value of the dollar varies greatly at different times as do the values of land holdings and slaves . Even with people who live at the same times it often impossible to make a fair assessment of net worth. See the related question for a list of wealthy presidents.
When does the job of executor of an estate start?
The executor's official duty begins as soon as the will has been allowed and "Letters Testamentary" have been issued to the executor.
A life estate is in laymans terms really just a freehold as it is not an estate of inheritance which arises by grant or loperation of law for the benefit of a person or people for the rest of their known life and since nineteen twenty five it can exist in freehold only in equity under a trust as a life interest so there is no real estate for an heir to claim his stake in.
There are different possibilities depending on the details. If your mother died while married to your father, the property belongs to him and it would pass according to his will. If he died without a will the interest in the house would pass according to the laws of intestacy of your state. Usually the widow receives a portion and the children receive a portion, especially when they are not the children of the widow.
There may be other possibilities if your mother died after divorcing your father or if she is still living. You should contact an attorney who specializes in probate law. Your father's estate must be probated.
This should have been in your divorce decree, if it was a pension from the company he works for. However, the pension rules may not allow it to continue to a divorced spouse, even if he is willing. For Social Security pensions, you can receive benefits if you were married over ten years, based on his income. However, if you remarry before you are 63, you are not entitled to a portion of your ex-husband's social security benefit, but rather the best of your own or the new husband's. This matters if you were at home all those years and the next guy has not earned as much; mine differs by about $500 a month. You will need to know the husband's social security number to get benefits when you retire.
You can check the laws of intestacy for New Mexico at the related link provided below. The laws will determine if you have any interest in the estate if your father died without a will. If your father owned any real estate at the time of his death, title would have passed to his heirs at law or under the provisions of his will. However, the estate must be probated in order for title to vest in his heirs.
If after reviewing the laws of intestacy you find that you have an interest you should contact an attorney in NM who can review the situation and explain your rights and options.
What are Chattels under the Administration of Estates Act 1925?
Chattels, movable property or personal property.
What are the best parts of the day for a lawyer?
There is not time that could be considered the 'best' as attorneys have different schedules and priorities according to their type of practices. The best option is simply to speak with whomever in the law office is in charge of client matters and set an appointed time to talk with your attorney via phone or in person.
If the power to sell real estate was granted in the will then the executor has the power to sell it. However, if ALL the beneficiaries agree that the property should be retained they should insist the property not be sold. Remember that the beneficiaries own the real estate. If the executor proceeds to try to sell the property the beneficiaries should petition the court to review the matter ASAP.
If a marital separation letter is signed dated and notarized does that make it legal?
No, a marital separation letter is not legal until it is filed with the court system. It also must be signed, dated, and notarized.
Can a executor distribute the estate more fairly?
Absolutely not. That would be a violation of law. One of the most sacred and ancient rights under common law systems is a person's right to decide how her property will be distributed after her death. The executor cannot change the last will and testament. Their legal obligation is to submit the will to the probate court and then follow its instructions to the letter if they are appointed as executor by the court. Until all that has taken place, the person named as executor has no legal authority whatsoever.
In this case "fair" is to be judged solely from the perspective of the testator.
The purpose of an executor is to distribute the assets of the decedent. Once an estate has been settled and the property distributed there should be a final account filed and the estate will be closed. An executorship is not for an indefinite, ongoing period. As guardian of your mother you are not an executor. If you are the court appointed guardian of your mother you may be entitled to payment for your services that would be paid from the assets of the ward. The link below will provide some information regarding guardianships, obligations and compensation. However, the statute is under the law of Maine. You should check the law in your own jurisdiction.
Arizona law-how many witnesses required for a codicil to be legal?
2 witnesses. I work at a law office. The lawyer said since a will only requires 2 witnesses, 2 should only be required. The statutes do not specify.
Yes, you can go to a lawyer and have him "contest the Will" for you. The reason for this is, if you don't trust your relative who is Executrix (women) Executor (man), just this action alone will make that relative "stand up and fly right" because they could get into trouble. What is due you, you should get! Also if their are other Heirs besides yourself you can contact them and if you out number the Executrix they have to go! An Executrix or Executor can actually refuse to take on this responsibility.
An Heir in any Will has a right to a copy of the Will (which may cost a few dollars to get) if the relative refuses to provide it. An Heir has every right to get a copy of the Will and I suggest you do that. An Executrix is not an easy job and are legally bound to provide an account of all monies in bank accounts, properties, contents, etc., to Probate (and it had better be right.) Probate is when all out-standing taxes and debts have been paid off. If there is a business they it's more complicated because if that business is making a profit it could well be that all profits are divided equally between all Heirs of the Estate. When all accounts have been checked into and that any properties, mortages have been paid off in full. If not, then it will come out of any monies left by the deceased. An Executrix has to account for every cent.
I Probated a Will for my mother-in-law and it wasn't that hard and I hired a CGA to help me. I provided tax receipts, etc., and kept books.
Another Perspective
Once an executor has been appointed it is too late to contest the Will. The question does not hint at any material defect in the Will. Removal of an executor is up to the discretion of the court. Any person who has an interest in the estate can petition for the removal of the executor for a just cause. The court will consider the petition for removal under the provisions of state law and will review the particular facts of the case.
Removal of the executor is not done lightly. There must be a reason serious enough to compel the court to act. The testator may have chosen the executor because of her special skills and integrity. The disowned sister may be the family troublemaker. That situation alone would not generate a conflict of interest.
Generally there needs to be some misconduct, breach of duty or conflict of interest by the executor. In the case of family strife, the court may consider whether it is no longer possible for the executor to her duties in an impartial and objective manner. The court may find that mistrust and hostility has developed to such a degree that the beneficiary can no longer accept the executor's actions and decisions. Or, it may conclude that the executor is performing her duties as expected under the law and in the spirit of the will.
In any case, the removal of the executor rests solely within the discretion of the court.
Who pays a funeral home for expenses and when do you pay for it?
The funeral expenses should be paid for out of an individual's estate before anything is paid to beneficiaries. This is usual language in wills and trusts. This must be paid for when services are rendered. However if a person is still living they can prearrange their planning with a licensed funeral director prior to this event. Usually if the individual is deceased the Executor and or Trustee will take care of this.
Is there a website you can go to to find out if your dad left you anything after he passed away?
Go to the Clerk Of The Courts office in the county where his will was probated and ask to see the probate file for his estate. The copy of his will and/or how his estate was divided should be in there.
Who can represent the decedent if no estate is opened?
If there are any assets then the estate must be probated. You need to check the laws of your state to determine who can petition to be appointed the executor or administrator of an estate. Generally, it must be a family member, an otherwise interested party such as a non-related devisee (beneficiary in a will) or a creditor. If no person comes forward and there is property a public administrator can be appointed and the property would escheat to the state.
