Estates

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

In the state of California, a Living Trust will override a grant deed. You should speak to a lawyer to draw one up.

Absolutely not. You must obtain a legal divorce. Until you do you are legally married and will inherit each other's property.

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 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.

The laws vary depending on the jurisdiction. In most cases no.

Judge Cushing is an acquaintance of the Adamses.

As long as they are alive.

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.

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.

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.

The executor's official duty begins as soon as the will has been allowed and "Letters Testamentary" have been issued to the executor.

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.

Chattels, movable property or personal property.

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.

No, a marital separation letter is not legal until it is filed with the court system. It also must be signed, dated, and notarized.

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.