Estates

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.

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.

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.

The policy would not be subject to seizure during the person's lifetime and it Could not be used to pay tax arrearages if there is a beneficiary named at the time of the insured death. If the issue concerns tax owed by a deceased and a death benefit received by the deceased's spouse who was a joint filer, then the surviving spouse would be liable for said tax arrearages.

It is 21, but an 18 year old can contract.

No. When a joint tenant dies their interest in the property dissolves and the surviving joint tenant owns the property. You should discuss the issue with an attorney who is familiar with the law in your state.

If a person is deceased any Power of Attorney expired at the moment of death. There is no POA that can be connected to a person who has died. In order to acquire the authority to handle the property of someone who has died an Administrator must be apppointed by the court. If you are an heir at law of the decedent then you could petition to become the Administrator of their estate. You should consult with an attorney who specializes in probate or with a clerk at the probate court to determine what you need to do to settle the estate.

The executor is responsible for maintaining the value of the estate. That includes insuring that no one removes goods before they are properly inventoried and valued. It also insures that no one gets something without letting anyone else get a chance.

Probably not going to happen. Read the agreement carefully. There is almost certainly a clause regarding the non-transferability of the miles.

No. When more than one person owns land they each own an undivided interest. That means they each have the right to the use and possession of the whole property even though they own a half interest. A sole owner would, of course, have the right to the use and possession of the property. They would acquire their interest by deed or by inheritance. Property ownership is by definition the right to the use and possession, and the right to leave the land to your heirs. If you do not have a will the property will pass to your heirs-at-law according to law.

A person cannot own real property unless they have acquired an interest by deed or inheritance.

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Property held in a joint tenancy automatically passes to the surviving owner. You cannot attach stipulations to it.

That would depend on the tenancy recited in the deed to you and your husband. If a joint tenancy or tenancy by the entirety was created in your deed then he would become the sole owner of the property upon your death. He could then make his own will and leave the property to his own relatives when he dies. If there is no tenancy recited on the deed or it provides that you will hold the property as tenants in common then upon your death your interest in the property may be shared by your children and your husband according to the laws of intestacy in your state. Your children may receive nothing depending on the value of the estate. Alternatively, if the property is owned as tenants in common you could leave your half interest to your children in your will with a life estate to your husband. That way he could continue to live on the property and when he decided to sell or if he died your children would receive half of the proceeds of the sale of the property. You should seek the advice of an attorney to discuss your options.

The documents will depend on the jurisdiction. Your court house probably has a packet of documents already made up. A probate attorney in your area can help as well.

If you received a notice of the petition for probate of a will then you are either a devisee under the will or an heir at law.

States are very specific as to who gets property when someone dies without a will and have codified the distribution. And it is typically faster, because the judge is very impartial and follows the letter of the law. If there are arguments over who gets what, the judge sells it and splits the money.

A last will and testament is needed to probate an estate and determine who the heirs are. If there is no will the property will be distributed according to the laws of intestacy. You can check the laws in your state at the related question link.

You should speak with an attorney who specializes in probate law in your state. If the estate is being probated then speak with the attorney who is handling the state. See the information in the related question link provided below.

No. An executor must be appointed by a court. Even if named in a will an executor has no legal power or authority until they have been appointed by the court. The will must be submitted for probate and the court must appoint the executor.

It is going to depend on the type of deed for the property. If it was purchased while they were married, she would expect to become the sole owner of the home, subject to any mortgage.

Unfortunately, yes. If you were married when these bills occurred then yes you are responsible. It is like property of a married couple- anything that is acquired during a marriage belongs to both of you. So if these bills were acquired during your marriage then yes you are responsible. If your wife were still alive you would be held liable if you were still married. So just because she is deceased does not change this, Sorry.

Yes. However, the trust should be drafted by an attorney who specializes in trust law, estate planning and tax law.