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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
Yes. An estate that includes real property must be probated in order for title to pass to the heirs. You should contact an attorney in your mother's area to handle the probate for you. It will be up to the court whether it will accept your mother's letter as her will. You may need other examples of her handwriting. The attorney can advise you.
Are wrongful death proceeds part of a NY estate?
In most cases the proceeds belong to the estate. The case may also include other plaintiffs, so it will depend on who brought the case. It will be listed on the first page of the pleadings.
What is the least expensive way to transfer a PA deed from a living mother to her son?
The least expensive method is for you to draft a deed from mother to son and record it in the land records. The smartest way is for you to hire an attorney who will explain your options, explain the the consequences of the transfer, and draft the deed properly. When a non-lawyer drafts and records legal documents mistakes can be extremely costly to fix later on. That is, if they can be fixed.
Is there a waiting period after someone dies before you can get what was willed to you?
Yes. The Will goes into Probate. Probate makes sure that all personal/property taxes and all debts are paid for in full. What is left after that is "residue of the Estate" and that is divided up amongst the Heirs. This can take from 8 months to a year or a little more. Marcy * The average time for probate of an average estate is 18 months. there is no time frame for large estates where the deceased had multiple holdings and/or assets and/or debts and/or beneficiaries.
Where do you find information on benefits for a deceased national guardsman?
My dad was a member of the national guard and was on alert but never went over seas . He spent nine years in the reserve as communications cheif. I am trying to find out if he is intitled to a plaque on his grave saying he was a national guardsman.
First, you must make certain you file a claim against the estate with the probate court as soon as the estate is opened. There is a certain statutory period after the executor is appointed during which a creditor may file a claim. If you file your claim on time the executor is obligated by law to pay the debts of the estate first, before making any distribution to the beneficiaries. If there are enough assets in the estate your claim will be paid. If there are no assets then you wll be out of luck. Every state has its own formula by which debts take priority and the order of payment of those debts is statutory. The following is an example from the state of Washington:
RCW 11.76.110Order of payment of debts.
After payment of costs of administration the debts of the estate shall be paid in the following order:
(1) Funeral expenses in such amount as the court shall order.
(2) Expenses of the last sickness, in such amount as the court shall order.
(3) Wages due for labor performed within sixty days immediately preceding the death of decedent.
(4) Debts having preference by the laws of the United States.
(5) Taxes, or any debts or dues owing to the state.
(6) Judgments rendered against the deceased in his lifetime which are liens upon real estate on which executions might have been issued at the time of his death, and debts secured by mortgages in the order of their priority.
(7) All other demands against the estate.
What are the rights of each brother when one is executor of the trust?
I am the executor of my mother's estate. When she passes away, I am the one who has to see that all of her debts are paid, buriel is taken care of, who she owes, notifying all creditors, etc. about her death. Making sure Social Security is notified. Each beneficiary is entitled to a full accounting of what the distribution of the estate is. The Executor is responsible for meeting all the requirements of the probate court and providing full documentation and valuation to the court.
You don't own anything more than a "future interest" until the end of the life of the person with a life estate. Not only can the life tenant charge you rent and evict if you don't pay, the interim "owner" can rent the property to anybody at all and let them take care of trespassers.
Where would you find references to the deceased's child support and spousal support laws?
For child support and spousal support, once the individual dies, the estate is no longer responsible for any continuing payments. However, if there are arrears, then the estate would be responsible. The party owed the arrears should file a claim against the estate in probate court.
The nephews and nieces have equal standing under the law. However, if one wishes to speak of royal precedent, then the deceased's eldest sister's eldest son, and if she had no son, then the eldest son of the oldest sister who did have sons.
Is a marriage null and void if you are not divorced from first husband?
Generally, it is illegal for a person to be married to more than one person at a time. Bigamy is the term used for the criminal offense of marrying one person while still legally married to another. Therefore, if you are married then any subsequent marriage would be null and void. For a subsequent marriage to be effective, your first marriage would need to be legally dissolved. On the other hand, if polyandry is legal in your particular jurisdiction, then you may marry multiple husbands. Polyandry was more common in the ancient world and has been generally outlawed in most places in the modern world. However, it is still =socially= acceptable in certain areas of India, Nepal and Tibet. Of course, polyandry, or the practice of a husband having multiple wives, is widely practiced in the Middle East.
What is the difference between guardian and conservator?
The answer to this question depends on the laws of the state in which the guardian or conservator is appointed. In some states there is a significant difference. In others the terms may be used virtually interchangeably. In still other one or the other may not be used at all.
In New Jersey, a statute in the probate laws taken in part from the American Law Institute's Uniform Probate Code provides for a "Conservator" in addition to the traditional Guardian. The differences lie in the degree of incapacity/incompetency of the person in need of the guardian or conservator, the powers of guardian or conservator and in the legal rights and abilities the person retains.
For an adult, a guardian is appointed for a person who is unable to manage his/her own affairs and it requires proof by two physicians that the person is incapable of managing his/her affairs. The guardian has full powers over both the property and the person of the incapacitated person. The Guardian has full powers to invest, manage and sell property of the person. If the person is declared incapacitated and a guardian is appointed the person loses most of the legal abilities he or she normally has. For example that person may no longer execute a will. The guardian also has the power to make medical decisions.
A conservator is appointed just on a showing that the person is in need of help in managing his/her affairs. The Conservator does not have full power over the person's property. It is limited to managing it and conserving it. If additional powers are needed the Conservator may go to court for a grant of the additional powers needed The Conservator has no powers over medical decisions unless specifically allowed by the court appointing the Conservator. The person is not declared incapacitated therefore he/she retains all legal abilities, such as the right to make a will and even the power to go to court and have the conservatorship vacated. In NJ, the Conservatorship functioned like a court created power of attorney, meaning the person still is able to manage his/her own affairs even if there is a disagreement with the judgment of the Conservator.
Different states will have variations of the nature of a guardianship and a conservatorship; therefore a comprehensive statement of their differences is not possible here.
First, the probate file is a public record. You can visit the probate court, request the file and review all the contents to determine the status of the probate.
You and the other beneficiary should send a letter to the attorney that explains your concerns. It should be polite, to the point and sent by certified mail so you receive proof it was delivered. Make certain you keep a copy. If the attorney does not respond then visit the court and ask to speak with a clerk. You may be able to file the letter in the case file and the clerk may give you some advice.
If the executor and attorney continue to ignore your inquiry you should arrange a consultation with your own attorney who can review the situation, make a call on your behalf and explain your rights and options.
What is executor's fee in Tennessee?
In Tennessee, the estate executor files a petition with the court to receive payment for his duties. The petition includes a description of the assets of the estate along with a description of the services rendered. The estate executor requests an amount of compensation and then verifies that a copy of the petition was sent to all interested parties. The amount of compensation is based on the value of the estate and services provided by the estate executor.
CourtThe probate court in Tennessee presiding over the estate determines the fee for the estate executor. The court decides on an amount which it deems fair, reasonable and appropriate given all the circumstances involved in settling the estate. These factors include the size of the estate, involvement of estate executor in settling the estate and relationship of estate executor to the decedent. The court will also take into consideration any complex litigation involved in the settlement of the estate. If the testator indicates in his will how much the executor should be paid, the court will take this into account, but must set the fee in accordance with state statute.
Reasonable FeesIn determining the reasonable fees presented to estate executors, Tennessee courts take into account the value of the decedent’s gross estate. If the value of the estate is under $50,000 a minimum fee of $500 to the estate executor is considered reasonable. The percentage of the estate executor's fee decreases as the value of the estate increases. For example, for an estate valued at around $1,000,000, the estate executor would receive .5 to 1 percent of the estate's value. For an estate over $1,000,000, the estate executor would receive .25 to .50 percent.
Extraordinary ServicesTennessee courts also take into account extraordinary services when determining fees for an estate executor. Extraordinary services can prolong the administration of an estate and consume more of an estate executor's time. Examples of extraordinary services include sales or mortgages of real or personal property and lengthy contested litigation involving claims against the estate. Complex tax returns or audits by any federal or state agencies can take up more of an executor's time. Finally, the managing or selling of the decedent's business can be a consuming process. Tennessee courts value this extra time and compensate estate executors accordingly.
How do I write a letter to appoint an executor of my estate?
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
In many states a trust that names the trustor, trustee and beneficiary as the same person would fail as a trust. The trust would fail under federal tax laws. The property that was transferred to the trust actually remains the property of the trustee as an individual and is exposed to creditors and the laws of intestacy if the owner dies. In the scenerio set forth above the wife is not an owner but she would inherit an interest in the property if the owner died. For example. If Jack has land conveyed to himself as a trustee of a trust of which he is the trustor and the beneficiary there has been no trust created and Jack owns the property in his own name as an individual. If he died the property would pass to his heirs at law according to the state laws of intestacy. Trust law is extremely complicated and largely due to "free" information available on the internet there has been an abundance of flawed trusts used to hold title to real estate. Those mistakes can be very costly to correct. You need to have this situation reviewed by an attorney who specializes in trusts ASAP.
It will depend on the wording of the deed. It could be that each woman owns half of the house if there are 'rights of surviorship' involved. Property that is held as Joint Tenants or Joint Tenants With Rights of Survivorship, automatically passes to the surviving owners and is not subject to probate procedure. Think of it this way:
- If three people own real estate as joint tenants with the right of survivorship and one dies, their interest disappears and the two survivors own the property in equal shares.
The division of real property is always determined by the titling of said property with the exception of a married couple who reside in a community property state.
Property held as Tenants In Common does not automatically pass to the surviving owners. It passes to the owner's heirs-at-law according to the state laws of intestacy and is subject to probate procedure. It can be attached by creditors of the deceased to extent of the share. If the three above owned as tenants in common then the surviving wife may own two-thirds.
You should consult with an attorney who is familiar with your state laws of probate who can review your deed, explain your rights and determine the status of the property.
Can executor borrow money from the estate if they are the sole beneficiary?
Yes. I don't think 'borrow' is the right word, however, as the sole beneficiary will be entitled to the entire estate. An 'advance' would more likely be the correct term.
Answer: The probate would need to be reopened.
Who is the riches singer in the world?
THERE IS NO RICHEST RAPPER OR SINGER IN THE WORLD THEY HAVE ALOT OF MONEY BUT THEY ARE NOT THE RICHEST IN THE WORLD;SO BASICALLY THIS IS IMPOSSIBLE TO ANSWER
If grandmother died intestate her next of kin, in this case her children, would inherit her property. In most jurisdictions the children of a deceased child take their parent's share. If your wife has any siblings they would share their mother's half portion equally. If your wife is an only child then she would receive her mother's half interest. If grandmother owned any property (including bank accounts) in her own name only then her estate must be probated. Title to real property cannot pass to the heirs legally unless the estate is probated.
You can check the laws of intestacy in your state at the related question link provided below.
If the wife was designated executor and now divorced does she remain the executor?
Generally, state laws provide that a divorce decree extinguishes any rights or powers of an ex-spouse named under a will executed prior to the divorce unless the will states specifically that the will is to remain effective even after a divorce. Generally, a divorce decree contains language that releases each party from any and all claims against the estate by the other forever.
Can answer as to NJ specifically, but typically, assets belonging to any person, including a missing beneficiary, escheat to the estate after a period of time, typically seven years.
What does it mean to give proportionately?
There is no biblical basis for this premise. We are to help the needy as we have convictions to do so.
