Estates

If the mother's will was probated and the son died AFTER his mother then the property is in the son's estate. His estate would need to be probated. The property would pass to his heirs under the terms of his will or according to the state laws of intestacy. Generally, a surviving spouse is entitled to a portion, if not all, of her husband's estate. You can check your state laws at the related question link below.

If the son died before his mother, the property would pass according to his mother's will or the state laws of intestacy as his mother's intestate property.

Generally you may contest a will if you think there are serious technical errors or have other serous doubts about the veracity. However, if you are dis-satisfied with your portion under the will you can check your state laws regarding election by the surviving spouse. In most jurisdictions a surviving spouse can elect to claim an intestate share of the estate (i.e., as though there was no will) if that would result in their receiving a larger portion. The process to make such a claim is usually simpler and less costly than contesting the will.

Common logic would dictate that such a lengthy abandonment would result in the absentee spouse losing all rights to any marital property. Unfortunately that may not be the case, it may depend upon the state where the marriage took place not necessarily the state where the spouse now resides or last resided. Marital laws have changed greatly in 25 years. A legal marriage from such time would still be legal if neither spouse petitioned for and received a divorce decree and could allow the absentee spouse to place a claim against the estate of the abandoned spouse. Immigration laws were also very different than what they are now, meaning in some cases an immigrant could become a US citizen simply by marrying a US citizen. In such a situation it would be in the best interest of the abandoned spouse or his or her family members to retain an attorney qualified in such matters as soon as possible.

The beneficiary doesn't have that power, but they can petition the court to have it done.

It depends on the state - it's worth paying $50 to ask a real estate lawyer in your state - the might be able to file a lien against the property.

Wills take some good people and turn them into greedy little creatures. The fight is on! It's a decision between you and the sibling. When a parent dies often one is grieving and everything goes by in a blur and most people aren't thinking straight. If she really wants something that means a lot to her, then why pay for it? Let her have it. Technically there is nothing she can do about it now, but it's simply not worth siblings becoming bitter against each other. How do you think your parents would feel about this one? The both of you should sit down, and try your best to remember what each of you got from the Will. Be mature about it. If your mother left a nice ring to you and not your sister then keep the ring, but if there is a nice piece of furniture that wasn't mentioned in the Will and it has memories for your sister then why not give it to her? You could even trade off. Perhaps there are things you don't want now that your head is clearer, so make a trade. Simply put, you both decided what you wanted and no, she can't force you to give her anything back, unless it was stipulated in the Will as to who got what. Daughters usually get the china, silverware, jewelry and the furniture is usually there for toss up as to whom wants what. Good luck Marcy

The purpose is to help people make these decisions, which are almost taboo subjects, ahead of time. Then, when someone reaches the end of life, conversations can be more to the present circumstances, maybe reminiscing or peaceful rest than trying to make arrangements during a time of sorrow. In addition, choices can be investigated and the financial consequences may not be as severe.

Estate has to do with when someone dies. Gift tax has to do with when someone makes a gift of larger than a certain value.

Wills, estates and inheritances are different things - so I am going to answer only what I THINK is being asked here.

A will is a legally established document which sets out how a person wants his property, money, etc. distributed after their death. If a person dies without a will it depends on the state they live in as to how that property, money etc. will be distributed.

An estate is the property, money, etc. a person has when they die. So a will estalishes who would get the estate.

An inheritance is the property, money, etc. a person receives from someone who has died. So an estate and an inheritance are the same thing - just one refers to the person died and the other the person who those things were given to.

So to answer the question I believe is being asked - If person Z dies, with a will, which leaves their estate to person X - but person X has died - the inheritance person X was left by person Z would become person X's estate. Which means that person's X's estate would then go to the person or persons, person X has left their estate to in their will.

Example: John and Mary had three children. Their will stated their estate was to go to first the other of them who survived and then to all three children equally.

John dies - Mary receives everything. Two years later, Mary dies - her children receive all that is left from Mary's estate.

However, one of the children died in between John's death and Mary's death. That child left their estate to his wife.

So when Mary died, her dead child's wife inherited one third of Mary's estate.

MAYBE! If someone named in a will has already passed away, the way the will is written may indicate another outcome. You really will need to consult a probate attorney for your specific jurisdiction.

For the Mega Millions lottery the winner's money is paid to his/her estate.

You have no relationship with the cousin, so you are not entitled to anything from the estate unless the cousin died and left it to your friend before your friend died.

To the charity or charities listed.

A man cannot disinherit his wife in Ohio. If you were omitted from his will you have the right to claim a share of the estate as though it was intestate property. You should seek the advice of an attorney who could assist you in making a claim. See the information at the link below to determine what your intestate share would be under Ohio law.

They follow the instructions of the deceased has laid out in their will.

No. The cost of the plot is a separate cost negotiated with the cemetery, not the funeral home. Though in many cases the funeral home can make the arrangements for you.

You can protest but the insurance company will pay the proceeds to the named beneficiary.

Depends on the state you live in. * If the married couple resided in a community property state the surviving spouse might be held accountable for the debt even though the loan was only in the name of the deceased spouse. In all other states the surviving spouse is not responsible for debt that is incurred solely by a living or deceased spouse.

The insurance funds and estate assets should cover the funeral expenses. You need to contact attorney who is probating the will to insure you are reimbursed for your expenses. You can make a claim against the estate just as long as you have all receipts to make it legal! * It would appear that the deceased's estate has already been probated or assets and property that were distributed were those that were exempt from probate procedure, either via a Will or probate succession laws. If that is the case, the only option for recovering monies spent for funeral and other costs would be for the injured party to bring suit against those adult family members who would have been involved. If the estate has not been closed by probate procedure it may be possible to make a claim, the deciding factor is the time that has expired between the filing of the estate and the filing of the claim of money owed. Be advised, the law does not require surviving children or family members to pay funeral expenses. The executor of the estate should have been responsible for the matter unless another family member volunteered to take the responsibility. It is an arbitrary choice, and if an agreement was not made with other individuals to share the expenses, then the plaintiff in a suit is not likely to prevail.

The person is a Funeral Director. Other possible titles are mortician, or undertaker.

A person can leave property to anyone they choose. However, they cannot disinherit their spouse in MOST jurisdictions. If the father left everything to a child, his spouse has the right to make a claim to the court for a share in most states.

The amount of the spousal share would be governed by state statute and may include a third or half interest of certain property. The scheme varies from state to state in those states that provide the spouse with an automatic share. It may fall under "elective share", "dower rights" or more complicated formulas in community property states.

Any property that falls outside of that automatic share could be devised to a child of the deceased or any other family member, friend, charity, etc. You would need to check the laws of your state. If you find yourself on either side of that situation you should seek the advice of an attorney as soon as possible who could review the estate, explain your options under your state law and make a claim, if necessary, within the statutory time frame.

...inheritance tax.

Certainly. Anyone can be named an executor of an estate, whether related to the deceased or not.

I know for a fact you have to go down to court and protest that you want to adopt these children and then you and your wife have to go to juvenile court what you really need to do is call a lawyers office and find out how would you go about petition the adoption of these children that's just the best way to go about it I'm sure having a consultation with a lawyer wouldn't cost much or just ask whomever answers the phone do they know anything about adopting children after a remarriage and the death of the father

A trustee cannot make changes to a trust unless they were given that authority in the trust instrument. If they were not given that authority then the terms of the trust can only be changed by a court of jurisdiction.

Real property can only be held in two forms other than sole ownership,in Colorado, Joint Tenancy and Tenancy in Common. The partitioning of the property depends upon how it is deeded. Be that as it may, if the surviving spouse wishes to retain the property they would in most cases only need to continue paying as agreed in the original lending terms. Although most lenders reserve the right to request refinancing of the property or the acceleration of repayment (seldom implemented) depending upon the financial status of the surviving spouse.