Estates

==One Answer== It is doubtful that marriage will ever "die out". Laws change extremely slowly. Marriage is a legal status that provides the couple within the marriage with hundreds of legal rights. Those rights are bestowed automatically the moment the partners say "I do". It would not be in a society's best interest to allow that privileged status to "die out". There are other cultural and societal benefits of marriage. It provides stability in a community and fosters the strengthening of the foundations that build a community. The world revolves around self interest and it would not be in the self interest of society to allow marriage to "die out". On the contrary, with states slowly coming around to the reality that same sex couples can form stable, long term relationships, marriage may be on the increase.

Apparently any daughters of the desceased were not as interested in jewelry as the mother; or this would have been talked about while she was still with them. Being a mother; I would want my two grown daughters to keep anything that was really important to them and sell the rest and split the money. Material things don't have to be as important to the kids as the mother might have felt. Any mother would want the daughters to make it as easy on them as possible.

Executer or executrix Executor, whether male or female. The person who executes the Will is the Testator (if male); or Testatrix (if female). The Executor is the person who is called upon by the Testator or Testatrix to execute the last wishes of the deceased. ==Another Perspective on Gendered Terms== In the past, a woman appointed to carry out the distribution under a will was called an executrix or executress. However, language that unnecessarily defines feminine and masculine status is changing. There has been a widespread reform in the use of words that grew out of patterns of patriarchal thought and that were codified in the English language. Therefore, the term "executor" has come to be the more commonly used term for the person appointed by the court to carry out the directions of a testator in making distributions under the will. It is not necessary to further classify that person as female or male.

He had tonnes of them... Check out the question "How many siblings does King John have?" as it mentions there names.

No. Generally, a POA that was drafted in one state can be used to execute documents in another state as long as the attorney-in-fact has an original copy of the POA and signs an affidavit stating the POA has not been revoked and the principal has not died. In transactions regarding real estate those documents should be recorded with the deed that was executed under the POA. You need to check the practices and requirements regarding POAs in your particular state.

The person designated to handle a deceased's estate has to follow the legal procedure in the manner it is presribed by the probate laws of the state. They must notify all beneficiaries of the will after it has been filed with the probate court. Individuals who are named in the will cannot request a copy of the will nor contest it until the appropriate time. Taxes have to be filed and paid, creditors have to be notified and given the set time for filing claims for repayment of debts, the filing fees, legal fees etc. have to be paid, and so on and so on. After all of this is done, assuming the will has been deemed valid the remaining assets will be distributed to the persons named. There are assets which are considered exempt from probate procedures but those also will NOT be released until all other issues have been resolved. The executor or executrix has no obligation to reveal the terms of the will (some state laws will not permit such action), nor will copies be made available to anyone until all legal procedures are finished. Persons who have accepted this large responsibility are bound by law to follow the exact procedures and terms and often are required to place a bond ensuring all assets will be protected during the lengthy court process. It is not a matter of a beneficiary simply requesting their alloted share, especially if it involves minor children. In many instances after probate procedure is finished there is little if any monies or property left for distribution, regardless of the terms of the person's will.

In such a case the state probate succession laws of the state where the property is located would apply. Generally exempted property and assets in such a situation will follow the bloodline, which means the biological children who know hold a portion of the property would receive equal shares of the deceased stepmother. However, the titling of the property could be equally important if the issue is contested by other parties. All property owners should use great care in titling any real property to avoid future complications due to divorce, death, judgments, etc.

Your mother's estate is responsible for her debts. If she owned any assets then her estate must be probated to give her creditors the opportunity to make claims. If she had no assets then you should notify her creditors of her death by sending a copy of the death certificate with the bill to the billing office.

A married couple that entered into marriage with a prenuptial agreement and then decides to void it, it must be done with a lawyer and both signatures must be on the document. Verbal voiding is not acceptable.

Unless the person is the executor of the deceased's estate or is a joint account holder then he or she cannot gain access without an order from the state probate court.

In many states, a copy of the will or the original can be recorded or stored in the probate court where the testator lives. If the will was admitted to probate, the will is a matter of public record and can be accessed in the probate court for the place where he died.

Otherwise, if you are not sure who has the will and you cannot find even a copy, it gets difficult. You can place a notice in the local newspaper, or in a state, county or local bar association journal, or in the local probate court.

Any interested person can petition to remove an executor. An interested person is usually any present or future beneficiary or creditor who has a stake in the estate. The petition for removal may be combined with a request for appointing a new, alternative personal representative. The objecting party must present all facts showing "cause" for the executor's removal. If the court determines that there are sufficient grounds then the executor must show why they should not be removed from the position. If the executor fails to attend or answer the court's request, they will automatically be removed as the representative.

You must look to the trust instrument for instructions. If there is no power in the trustee to transfer real estate recited in the trust document then you will need to have the situation addressed by a court order.

No. To handle an estate you need letters testamentary from the probate court.

No. To handle an estate you need letters testamentary from the probate court.

No. To handle an estate you need letters testamentary from the probate court.

No. To handle an estate you need letters testamentary from the probate court.

If you want your wife to inherit your property (as she should) then you must execute a will to that effect and make certain it meets the requirements of the state where you live. If the money is all you have you could make your wife the beneficiary of your bank accounts. That could avoid probate and could be done at the bank.

If you do not do any of the above then when you die your property will pass to your next of kin according to the laws of intestacy of your state. Depending on the amount, your wife may inherit it all but the estate would need to be probated. That costs money. You can check your state at the link below.

First the executor must be appointed by the probate court. Once appointed the executor is obligated to follow the rules set forth in the probate code which includes amongst other things publishing a notice the the estate is to be probated, filing an inventory of the assets both real and personal and the final task of filing a final account with the court accounting for all the property that was listed in the inventory and to whom it was distributed.

If the executor doesn't provide copies to the heirs they may obtain copies of any filing in person or by mail from the court. By obtaining copies as they are filed the heirs can monitor the activities of the executor and make certain he/she is performing their duties in a timely and effecient manner. If they aren't, the heirs can complain to the court and ask that the executor be compelled to act responsibly or replaced.

Yes they can, but the there are 4 heirs, then at least 3 have to agree. The vehicle is just part of the Estate. Sometimes there are boats or other properties involved. Even homes can be sold with the agreement of all involved in the well as most people would rather have the money. If one of the Heirs (perhaps a son or daughter) really wants to buy and live in the home as long as they pay the market value of that home they can do so and that money goes into the Estate and is divided equally by the other Heirs. Marcy

Since the parents are divorced, the house is owned as Joint Tenants (not Tenants in the Entirity), so as Joint Tenants, the surviving parent would own half the house with the two children owning the other half. If the house is owned as Tenants in Common, which isn't as likely, then when one person dies, the other person gets the entire house.

No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.

No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.

No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.

No. Mother's life estate is extinguished upon her death. Her husband would have no rights in the property whatsoever.

That depends on the provisions set forth in the trust. You need to review the trust. The trust document may provide that any one trustee can act or it may require that both trustees join in any action taken by the trustees.

The value of the furniture forms part of the deceased person's estate. If that estate is liable to taxation in the country in which you live, then yes tax would have to be payed on it.

If the life tenant is deceased the proceeds go to the "remainderpersons" who are the fee owners of the property. The life estate was created in some legal document such as a will or a deed. That document should identify the "remainderpersons".

Too complex & too many variables to answer here.

Unsure of what it is that is being asked. A Power Of Attorney (POA) is only valid while the person that granted it is still alive. The minute the grantor of a POA dies, the POA ceases and the POA become invalid! On the other hand, an EXECUTOR of a will, who is usually named by the testator, MAY be required to post some kind of bond with the court which establishes their faithful and lawful execution of the will. This 'bond' may be waived by the testator, and the Executor MAY be granted compensation for their role in executing the estate IF the deceased provided for such in their will. In summation: the holder of the deceased's POA holds a useless piece of paper. The Executor of the deceased's will is in full control of the execution of the deceased's wishes.