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Estates

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

6,325 Questions

If property is left to a beneficiary in fee simple can the executor sell it?

If property is left to a beneficiary in fee simple, the executor generally cannot sell it without the beneficiary's consent. A fee simple interest means the beneficiary has full ownership rights, including the right to occupy or sell the property. The executor's role is to manage the estate and distribute assets according to the will, but they do not have the authority to sell property that has already been transferred in fee simple to a beneficiary. However, if the will allows for it or if the estate needs to settle debts, the executor may seek court approval to sell the property.

What is the procedure to adjudicate a Power Of Attorney which is given by a NRI to his mother who is an Indian resident for the purchase of a landed property in Bangalore?

To adjudicate a Power of Attorney (POA) granted by a Non-Resident Indian (NRI) to his mother for purchasing property in Bangalore, the NRI must execute the POA on a non-judicial stamp paper, duly notarized in the country of residence or by an Indian consulate. The executed POA should then be registered with the local sub-registrar in Bangalore, where the property is located. Additionally, the NRI must ensure compliance with the Foreign Exchange Management Act (FEMA) regulations regarding property transactions in India. It is advisable to consult a legal expert to ensure all legal requirements are met.

What is correct definition of estate referring to death?

In the context of death, an "estate" refers to all the assets, liabilities, and property owned by an individual at the time of their passing. This includes real estate, personal belongings, bank accounts, investments, and any debts owed. The estate is typically managed through the probate process, where it is distributed according to the deceased's will or, in the absence of a will, according to state laws.

How do siblings file for parent assets after death with no will?

Petition the court to open the estate. They can ask that one of the children be appointed as the executor. The court will issue a letter of authorization to the executor to inventory and clear out the estate.

Do biological and adopted nieces and nephews have equal rights to inherit?

Generally, legally adopted children have a right of inheritance along with biological children. However, you need to check the laws of intestacy in your particular jurisdiction. You can check your state at the related question link.

Generally, legally adopted children have a right of inheritance along with biological children. However, you need to check the laws of intestacy in your particular jurisdiction. You can check your state at the related question link.

Generally, legally adopted children have a right of inheritance along with biological children. However, you need to check the laws of intestacy in your particular jurisdiction. You can check your state at the related question link.

Generally, legally adopted children have a right of inheritance along with biological children. However, you need to check the laws of intestacy in your particular jurisdiction. You can check your state at the related question link.

When a house is left to more than one heir who controls whether it is sold?

I believe there is usually a trustee(s) that determine things like that. Otherwise, a mutual decision has to be made which can often times ruin families especially if the house has been in one family for many years and one person does not want it sold for sentimental reasons. When property is left to several heirs, they all become joint owners of that property. No one person has the right to decide on the disposition of the land simply because he may own a larger percentage of the property than some others. Nor does majority of owners rule. If some want to sell and some do not, usually the ones who do not want to sell just buy out the others interests on an agreed upon price. If they cant agree on a price, then any owner may file a lawsuit called an action in partition. Although it is called a partition action, the property is never physically divided unless the owners agree. Usually the court will order that the property be sold at public bidding. The owners that do not want to sell will have to beat whatever price the bidding goes to or the high bidder gets to buy the property and the owners get their percentages. (Minus all of their legal fees and court costs, of course.)

Can family caregiver get compensated from estate?

Yes. That person can file a claim in probate court against the estate. Care givers often do.

Yes. That person can file a claim in probate court against the estate. Care givers often do.

Yes. That person can file a claim in probate court against the estate. Care givers often do.

Yes. That person can file a claim in probate court against the estate. Care givers often do.

Is a revocable trust made in one marriage valid in a subsequent marriage?

A trust stands apart as an entity holding property and remains valid after a divorce. The trustee of a trust holds title to the trust property for the benefit of the beneficiaries named in the trust document. If a former spouse is named as a beneficiary the trust should be amended if the trustor wishes to make the present spouse a beneficiary instead.

Can a sibling who is an executor of a parents estate contact the funeral home and tell them not to allow the other siblings to pay their last respects to their parent before cremation?

  • You have no right to make such a judgement call no matter what the difficulties were in your family. Your siblings have the right to mourn their parent and there is no law that dictates keeping them away to pay their last respects. As angry as you may be or whatever pain or trouble your siblings caused before put your anger aside and realize that this is not about just you, but your parent and your siblings were your parent's children too. Your parent would be ashamed if this squabbling kept going on. Let them see your parent at a certain time of the day and you can visit your parents another time when your siblings are not there. If you are having a Memorial Service concentrate on the loss of your parent and allow your siblings to attend, but other than that you only need to be cordial. If siblings should be drunk or disorderly then you can recommend one or more do not show enough respect to attend the service.

Can you be reimbursed for funeral expenses and probate from your siblings from a sell of a estate?

These would be valid claims against the estate. It should be a debt that the estate pays. No they are not personally responsible for the debt. One of the primary reasons to open an estate is to resolve such debts. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.

What is the meaning of gift check?

A cheque (Br.) is a written instrument instructing your financial institution to pay a specific amount of money from your account to the payee listed on the check. A gift cheque is a donation or gift made to some person or other entity in the form of a cheque.

If the sibling who is named as executor by a parent refuses to perform the duties of executor how can other siblings have access to family memorabilia and documents?

Answer

Executor (male), Executrix (female) has the right to refuse this duty. It is best to seek legal counsel and one of you can take over the duty. It is best when making up your own Wills that you name more than one person as either Executor or Exectrix (or both.) In some cases, and depending on what State you live in this Estate can go to a "Trustee" and they will deal with it and you have the right to have a copy of the Will and be contacted if there are any problems with the Will. After Probate and all creditors and taxes are paid (can take up to one year) then the person "Trustee" can gather the heirs in the Will and distribute the money.

Is a surviving spouse obligated to pay medical expenses incurred by the deceased spouse prior to death?

In general, yes. There may be specific circumstances where that doesn't hold so perhaps you should talk to a lawyer. If the deceased left an insurance policy or other resources, that should be applied. There should also be a Social Security payment that covers part of the hospital bill. * Not usually, the exceptions are, if the couple resided in a community property state or the surviving spouse signed documents agreeing to pay medical expenses. If the patient was covered by Medicare and/or Medicaid, the hospital and attending physicians have already agreed to accept the maximum amount allowed under the Medicare program for the deceased's medical expenses.

Can a adopted child inherit if not name in will in sc?

An adopted child inherits the same as if they were a natural child. In the eyes of the law an adopted child is the same as a natural born child with the same legal rights and privileges. If they were adopted after the will was made, they will certainly be in a position to contest it. Consult an attorney in Sourth Caroline for the specifics on how the law is applied in that state.

In Indiana is the surviving spouse responsible for repayment of debt when the deceased spouse was the only account holder and could a lien be placed on the home?

No, Indiana is not a community property state. Indiana is a Tenancy By The Entirety state which means jointly owned marital property passes directly to the surviving spouse and is not subject to probate procedure not creditor attachment when the deceased spouse was the sole debtor.

Can the children of a deceased person sell his personal items to help pay for funeral expenses?

Under certain conditions, it is possible for a child of deceased person to sell his personal items in order to pay for the funeral expenses. However; you need to check for any will written by the deceased person, and you cannot sell property, or luxury items of use unless otherwise specified in the will.

How do siblings contribute to who you are?

Check this: http://www.writeclique.net/work.php?ID=4850

Who do you notify when a spouse dies?

It is not exactly clear as to the meaning of "Who do you notify ...?" however, the age of the deceased is not relevant. If the person was under the care of a physician, in nursing or medical facility, then it is the responsibility of that facility to notify authorities. If the person dies in their home then the police should be called and they will assist in having the body transported whether it is to a funeral home or the medical examiner's office. If the question pertains to creditors, the spouse of family member can notify the creditors of the person's demise, written correspondence with supporting evidence of death is preferred. Creditors have probate estate departments which handled such issues. The deceased assets and debts will be paid and distributed in accordance with the will and the state probate laws and will be handled by the executor or executrix named. If the person died intestate, the judge will appoint an excecutor or executrix and the state probate succession laws will apply.

What is the amount of money senior citizens can give to family members?

Any person (donor) can give any other person (donee) any amount of money that the donor chooses. However, if it is more than $12,000 per year, per donee, a gift tax will be due. A US citizen or resident has a gift tax credit of $345,800, which "pays" the tax on the first $1 million in gifts during a donor's lifetime. The credit is nonrefundable (darn it!) and is "wasted" if not used.

Mom bought a new car and died one year later there is 4 years left of payments who do you contact first what are are choices?

The leasing company would be the first place to contact. They will arrange to get the vehicle and work with the estate to resolve any balance that may be do. In most cases the estate will owe some money for it.

Can a sibling who is the executor of the parent's will add a third sibling into the final petition for distribution?

Yes, they can. In some cases they are required to, particularly if the third child was born after the will was made. If the other sibling objects, then there could be a problem. In most cases the court is going to approve it.

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