0
Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
Generally, no. If the son predeceases his father and then his father dies, the heirs that are next in the line of descent of the father would be the grandchildren. However, the still-living father should have a will drafted so his property is distributed as he wants it to be.
How do biological children obtain personal items when surviving spouse refuses to allow?
You need to consult with an attorney who can review your situation and explain your rights under your state laws. Perhaps a letter from an attorney would encourage the surviving spouse to recognize the children's request as being reasonable.
Read the intestacy law for Tennessee. In most cases the sibling is going to get the estate. In some case the nieces and nephews may get a part of it.
Does a Florida common law wife have rights to a mans estate?
The state of Florida doesn't recognize common law marriage after January 1, 1968. Florida will recognize a common law marriage occurring before 1/1/1968 in Florida or a common law marriage established in a state that does recognize it as such and the couple moves to Florida. If that is the case then you are entitled to the same rights as a couple who are married under statutory law.
How do we get a copy of a deceased family member's army discharge papers?
You could try two ways. One is to have the executor/administrator contact the army to request a copy of the discharge papers. The army will have certain procedures and paperwork, with which you will have to comply. The second is to see if your particular state records them. In New Jersey, veterans' discharge papers are recorded just the way deeds are recorded in order to ensure that they could be retrieved in the event the veteran lost the originals. Contact the state or county recording office to inquire about that.
Sensibly the answer would be YES. There are laws to protect you so you had better contact a lawyer - quick! Don't neglect this one. IN my opinion for the other's to do that would be really crappy - unless it was beneficial to you all.
Can a property go to a trust with a mortgage on it?
Yes, it technically can. However, some mortgages have "due on transfer or sale" clauses that would allow the bank to immediately claim all money loaned due upon the transfer to the trust. Your best bet would be to simply go to the bank that holds the mortgage and tell them what you want to do, and see if they are ok with it.
When an irrevocable trust ends how long do people have to sue the estate?
An irrevocable trust and an estate are two separate and distinct legal arrangements. If a person transfers their property to an irrevocable trust it is no longer part of their estate. You need to consult with an attorney who can review your situation, hear the details and explain your options.
What effect does waste have on a life estate?
Waste by the life tenant would provide grounds for terminating the life estate by a court order.
The lien goes on the property, not the estate. But the estate must resolve the lien when disposing of the property.
For how long should executors of a will keep the bank statements of the deceased?
The executor's duties end when the final account is allowed and the estate is thereby closed. The heirs could request the personal papers of the decedent at that time.
What property is subject to probate in Florida?
Let's qualify the answer:
All property not otherwise disposed of either during a person's life or by operation of law upon death.
For example: A checking account that has a designated POD (payable on death) beneficiary named in the bank's records, would generally not be subject to probate. If Joe opens a checking account and makes Jane the POD beneficiary, then upon Joe's death, the checking account proceeds automatically go to Jane. They are NOT subject to probate.
Can a step granddaughter collect unclaimed property from an estate with no other living heirs?
Maybe, but not normally. Unless the step-child was adopted they are not a descendant of the deceased. However, if their parent received the estate through their spouse, they may have a claim. You need to consult a probate attorney in your jurisdiction with all of the specifics.
No. A benefit of owning property by survivorship is that the moment one owner dies their interest in the property disappears and the survivor is the sole owner. The creditor is out of luck.
It will depend on the wording of the will, if there is one. Without a will, the property go to spouse and then children.
Does a sole survivor trump a power of attorney on an estate?
A power of attorney is extinguished upon the death of the principal who executed it. An attorney in fact under their power of attorney has no authority over their estate after death. Once that person has died an their estate must be probated and an administer must be appointed by the probate court. Beyond that you have not provided any details to explain the reason for your question.
How can a sale of real estate be determined to be illegal?
Conveyances can be overturned epending on the circumstances and for various reasons. If another buyer had an option to purchase or a right of first refusal they can sue to nullify the conveyance. If the seller was not the legal owner the sale can be nullified.
You would need a good reason and the help of an attorney to present your case.
Conveyances can be overturned epending on the circumstances and for various reasons. If another buyer had an option to purchase or a right of first refusal they can sue to nullify the conveyance. If the seller was not the legal owner the sale can be nullified.
You would need a good reason and the help of an attorney to present your case.
Conveyances can be overturned epending on the circumstances and for various reasons. If another buyer had an option to purchase or a right of first refusal they can sue to nullify the conveyance. If the seller was not the legal owner the sale can be nullified.
You would need a good reason and the help of an attorney to present your case.
Conveyances can be overturned epending on the circumstances and for various reasons. If another buyer had an option to purchase or a right of first refusal they can sue to nullify the conveyance. If the seller was not the legal owner the sale can be nullified.
You would need a good reason and the help of an attorney to present your case.
Does recording a title secure an interest in real property?
Recording a mortgage secures an interest in real estate.
The instrument used to convey property is called a deed. Recording a deed transfers an interest in real property as long as the grantor in the deed has an interest in the property. The grantee on the deed acquires "title" to the property by virtue of that deed. Having the title to the property examined by a professional title examiner confirms that the person signing the deed owns the land.
In order for a creditor to secure an interest in the real estate as security for the debt, they should have the debtor sign a note and a mortgage. That should be accomplished with the help of an attorney who specializes in real estate. All the owners of the property must sign the documents.
Four siblings inherited property in Florida and if one wants to sell what can they do?
Any one of the co-owners has the right to petition for the sale of the house! All co-owners must agree to keep property but if even one wants their share they can by law get their share.
When land is under co-ownership of two or more people who cannot agree on what to do with the land, any owner can file a Petition to Partition in the appropriate court.
The court has the power to divide the land if that is feasible such as when there are multiple tracts or a single large tract. If dividing the land is not feasible then the court can order a sale and the net proceeds are divided according to each owner's interest after the costs and expenses associated with the Partition have been deducted. You should consult with an attorney who specializes in real estate law.
At what Massachusetts court would you apply to be appointed as executor of an estate?
You would file in the County Probate & Family Court.
You have provided some conflicting information. If you are a trustee under a living trust, you only have power over the property that the trustor/grantor transferred to the trust. The specific powers granted to the trustee in a trust instrument constitute "powers of attorney" only over the trust property, nothing else. You have no other authority to act on behalf of the person or their affairs. If the person in question no longer has the legal capacity to execute legal documents they cannot execute a POA or make any more transfers to the trust. You should consult with an attorney who can review your situation and explain your options at this time.
What is the job of the Power of Attorney for the estate after the loved one is deceased?
The Power of Attorney is extinguished when the principal dies. Therefore, the attorney-in-fact has absolutely no power or authority over anything once the principal has died. At that point their duties have ceased.
It is common for one heir to buy out the others on property. As long as everyone is in concurrence with the transfer, no problem.
