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Estates

Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.

6,325 Questions

Is a power of attorney required to disclaim an inheritance?

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.

Oldest brother is executor of family estate however he is ill and the remaining 4 siblings want to assign the decision making regarding heir property to next oldest brother What do they do to transfer?

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.

How do you disinherit your children?

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.

Why do you get a petition to administer estate?

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.

Mom and you are on deed to home can your sister take house after mom dies?

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.

Does a will in Arizona have to go through probate?

Yes, a will has to go through probate. That insures that the will is properly executed. It also makes sure that taxes are properly paid.

Can siblings put a lien on a home that was inherited by a beneficiary deed?

AnswerYou haven't explained the reason for the lien. If the beneficiary owes the siblings any money and refused to pay they can sue in court for the debt and obtain a judgment lien on the property.

What are your heir rights to property initially purchased by your great grandmother when there are 9 other heirs that want to sell?

You will receive 1/10 of the proceeds of the sale. Or you can buy the others out for 9/10 of the value of the property.

What is wifes statutory share of husbands estate in Massachusetts?

Under dower courtesy law or Uniform Disposition of Community Property Rights at Death Act, the wife is subject to property rights instantaneously upon death. In most cases, adultery, divorce, or death qualifies a spouse for more then just 'property'. Determining what sort of property, they are given a rightly percentage of everything in Massachusetts.

How do you help your brain dead mother who is being robbed?

You should make an appointment to speak with the District Attorney's office in your jurisdiction. You must bring any proof you have of all the crimes that have been committed by the lawyer and the prior (annulled) husband. You can get a copy of the marriage annulment and any inventories that were filed by the initial guardian. You can get a copy of the inventory filed by the new guardian. Those case files are public. You should bring any proof of bank accounts, what they once held and evidence of the millions that have been removed. Stick to the facts, stay calm and act professional. The authorities will not listen to you if you simply make empty, extravagant claims of missing millions.

If you are in jail on a VOP in one county and have another probation that will start in another county when the first is completed can the judge violate or revoke probation in both counties?

There is a very high probability that probation was violated if you are in prison in another area. It is completely legal for a judge to revoke probation for reasons that they see fit to do so for.

If someone is in the hospital for heart surgery and on lots of medication and supposedly signs another will leaving one relative everything and it is neither notarized or witnessed is it legal?

That will is not likely to be valid. Holographic wills are acceptable in many states but a holographic will must be in the handwriting of the testator and not only signed by the testator. From your description it sounds as though the will you question could be easily challenged if presented to a court.

What happens when the original owner who is deceased granted a gas lease on my property?

If you want to know the nature of the lease you need to review the document that created it. You should be able to review the original at your local land records office.

What is a memorandum of trust?

A summary of trust provisions, typically consisting of the identity of the trustees. ==Additional Answer== In some jurisdictions a memorandum of trust is used to validate a conveyance of real estate by a trustee. In Massachusetts it must state: The name of the trust; The name and address of the trustee of the trust; The date of execution of the trust; The powers specified in the trust relative to the acquisition, sale, or encumbering of real property by the trustee or the conveyance of real property by the trustee, and any restrictions upon those powers; That the trust has not been amended or revoked.

What happens when a bankruptcy trustee uses an unexpected inheritance the petitioner receives to pay off debts a judge had ordered the ex-husband pay off at prior divorce proceedings?

The debts are paid off and the bankruptcy is closed or any remaining debts are discharged.

Assuming the petitioner was the ex-wife who received the inheritance, the divorce court order still stands, and the ex-wife may file a contempt action in divorce court to have the ex-husband pay the ex-wife the amount used to pay the debts. He may even be liable for some or all the costs of the bankruptcy if his failure to pay the debts led to the bankruptcy.

What would a deceased person's estate consist of in Texas?

The legal definition of an "estate" is , "The degree, quality and extent of a person's ownership of real and/or personal property from absolute (confirmed) ownership to "naked" (unconfirmed ownership). That includes, land and anything attached to it (houses, businesses, other structures), vehicles, farm equipment, machinery, tools of the trade, stocks, bonds, bank accounts, and so on and so forth. The probate laws of the state where the person was a resident at time of death determines what property is subject to probate procedure and the extent to which creditors can place a claim for repayment of debt on any non exempt property.

Is A power of attorney valid after the donee has passed away We told her that the power of attorney is no longer valid but she went to bank and took money out How can force her to refund the money?

A Power of Attorney is extinguished upon the death of the person who granted it. If the person who was named in the power of attorney used that power after the death of the grantor then any money withdrawn from the bank account of the deceased must be returned to the heirs. Only a duly appointed administrator/executor has the power to withdraw money from the bank account of the deceased unless there was a joint owner with that power. If an estate was filed this should be reported to the executor or administrator. If no estate has been filed, you could try speaking to a bank officer, bring a copy of the death certificate with you. Explain to them that the owner of the account had died before the bank allowed the withdrawal, and ask them to provide dated proof of the withdrawal. They may or may not comply with your request because you have no legal right to that information. They may take steps through their legal department to rectify the situation. You should report the theft to your district attorney's office, provide them with the proof of death and bank records if possible and follow their advice on how to proceed. You may need to petition the probate court to be appointed administrator of the estate.

Is a will made in New Jersey valid in Florida?

Until an attorney or other legal expert replaces or improves this answer, I'll contribute my opinion. I suspect that if the will is properly/legally executed in New Jersey, then it should be acceptable to the Florida legal system.

I am trying to claim Mom's annuity. The company is requiring a Letter of Testamentary that I'm the executor of the estate. How do I get this Letter of Testamentary?

You need to get a copy of your Mother's will to prove that you are an executor of her estate. If there is no will you need to apply for an appointment as an executor so that you can handle her estate matters.

How do you find out if a deceased person has a will?

I am not an attorney. Wills must go through probate court, so I think that you could check to see if your father's will has been delivered there. If you knew any of the attorneys that he might have worked with, you might check with them. Siblings, spouse at time of death, or clergy may have information.