Estates

Yes, the executor certainly may charge for their services. The amount must be reasonable and approved by the court.

If there is a will, then the beneficiary gets the money. If there is no will all the children of the decedent get an equal share of the money.

Trust law is an extremely complicated area of law. You need to consult with an expert in trust law and tax law if you wish to transfer your property to a trust. Generally, a trust is a legal relationship by which one person (the trustee) holds the legal title to property for the benefit of another person (the beneficiary). The object of a trust is to remove that property from your own estate. The reasons why you want to remove property from your own estate include protecting your assets from creditors, avoiding probate, disinheriting a family member, lowering your tax obligations, improving eligibility for government entitlements, etc. If you retain complete control over the trust property by being the trustor, trustee and the beneficiary then you haven't removed the property from your estate and no trust relationship has been established. It is not a good idea to be your own trustee. You may leave your property exposed to creditors and taxes, and further, the trust may fail altogether. Trust errors made by non-professionals (and some inexperienced professionals) can be very costly down the road.

If the person the Will belongs too is still living, you have no say in the matter. It doesn't matter if that person isn't of sound mind as far as you are concerned. If the person has passed on it would have had to be recently because this is how it goes: After the person of the Will is deceased: They may name an Executor (male) or an Executrix (female) in their will and this person is responsible for paying off debts such as personal income tax, property taxes, credit card bills, loans, electric, water, sewer, etc. They must inform each company and each banking institution that indeed this person has passed away and they must have a copy of the death certificate as proof. After this is done then either a lawyer will probate (or, in some cases the Executor/Executrix) can save money by probating themselves if the Estate is small and not complex. Probate ensures that all personal/property taxes are paid, all debts are paid, and only then can the Estate be disbursted. If this person has passed away and you are an heir you should have been heired this propert and it's apparent either this person is still living or you were not an heir in the Will at all. Remember, elderly people can promise to leave you all sorts of things, but when they age they forget what they promise. This person could have long ago sold this property. I suggest that you seek legal council and if you don't have a copy of that Will your lawyer will get a copy. If ANYONE cleared off this property and it is legally yours, then they will either have to leave your land or you can get your due money out of the company. Something tells me this person is still living, or they didn't leave the property to you. Most companies have at least one lawyer to figure out if the title to the land is free and clear and I can't see any company spending money clearing land if they shouldn't be there in the first place. See that lawyer and be sure you are even in the Will. Good luck Marcy

Generally, no. An executor has no authority until the will has been submitted to probate court, proved and allowed, and the court has officially appointed the executor. Once a will has been filed for probate it becomes a public record and anyone can go to the court, request the file and review the will and any other filings. An executor should not be secretive about a will or their actions in settling the estate.

Nothing happens to the life estate. The life estate remains as long as the person who holds it is still living. Any sale is based on the existence of the life estate.

However, if the life estate has not vested, as in the life estate was to be left in a will and they haven't died yet, then the life estate is void.

Unless there are instructions in the will they should be turned over to the heirs-at-law and next-of-kin. (Who would take them under the "estate" anyway.)

If the property is jointly owned by the married couple it generally reverts automatically to the surviving spouse and does not enter probate. If the married couple lived in a community property state the property does not need to have both names on the title for it revert to sole ownership by the surviving spouse. The procedure for changing deeds/titles to real property is established by state law. Contact the land recorder or assessor's office in the city or county where the property is located.

A will is usually filed in the probate office where the records are kept. You can get a copy of the will for printing cost. Someone in the probate office can usually help you find the will. A will that has been entered in to probate will be available at the Probate Court where it was put into the system. There is no requirement to 'file' a will prior to the death of the deceased, but most court houses will do so for a filing fee. This prevents the will from getting lost or destroyed. But doing so does make it a public record, so most people file a signed copy with the attorney who drafted it.

An individual has the right to choose the beneficiary on their annuity.

to my experience my father was married, had a child she was adopted by another man but still lived with her mother , My father past away and she is intitled to an inheritance because she remained with one of her birth parents and was not adopted out to other people . This is how she was abel to an inheriance.

Certainly! One of the primary responsibilities of the executor is to maintain the value of the property. They also must inventory and properly sell or bequeath the items in it. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. Consult a probate attorney in your jurisdiction for help.

If you suspect your brother is spending your mother's money on things besides her care, you need to contact a lawyer. The lawyer will be able to subpoena the spending records.

Yes. If it has been admittted to probate it is a public record and open to inspection by anyone. Go to the probate court where the will was probated and ask to see it or to get a copy of it (for a fee, of course).

The answer depends on the laws in your jurisdiction. Most intestacy laws treat a minor child differently recognizing the need for a parent to provide for minor children. In most jurisdictions in the US a parent cannot disinherit a minor child. An adult child can be disinherited in many jurisdictions as long as the will meets the requirements of state laws. The law in the UK is different.

You fill out the appropriate forms and submit them to the court. In most cases the court has a packet or web site that can provide all the forms and instructions.

The bank will take possession of the property. If the mortgage was granted prior to the property being transferred to the trust the bank may try to attach assets of the mortgagor/decedent for any deficiency. If granted by the trustee only the trust assets are vulnerable.

Your next of kin is your adult child or if your child is a minor, your parents.

If they are the sole possessor, yes, they have the absolute right to choose who gets it next by explicitly stating so. However, if they do not define the heir to the estate (via a will or otherwise) then the estate is divided amongst all immediate family according to law.

No. The beneficiary who wants to disclaim an inheritance should contact the attorney who is handling the estate for the proper way to waive their rights in the estate. It may be more complicated if real estate is involved.

There is no executor until one is appointed by the probate court. You need to petition the court that appointed your oldest brother as executor and request he be removed and a successor appointed. Then, the estate should be settled and the property distributed as provided in the will.

You need to check the laws in your particular jurisdiction because laws vary. Generally, you cannot disinherit minor children in the United States. Generally, you can disinherit adult children by specifically mentioning them in your Will and that you intentionally leave them nothing.

A letter of administration allows the executor to represent the estate. It gives them permission to sell property, open safety deposit boxes and mail on behalf of the estate. Without them, there are lots of legal problems.

No, the sister has no rights to the house - or its contents - after your mom dies. If there is any question, a good thing to do is to immediately change the locks when your mother passes.