Estates

You should ask the attorney why the request has been made. Although the account is not a probate asset and it now belongs to you alone, the balance at the time of death may need to be reported on an estate tax return. I would only supply a copy of the last statement before the time of death unless the attorney requests additional information.

It depends on the language that created the interests.

Generally, the fee would be included in the remainderperson's estate. A will may provide that widow Mary shall have the right to live in the property until her death with the remainder to son John and his heirs to be theirs absolutely. John or his heirs would receive the fee after Mary's death.

The property would remain subject to the life estate until the death of the life tenant unless released in writing sooner.

They have to wait until the debts are settled. That may be as short as about 4 months. It can take years on a really complex estate.

If the estate was probated and the property was sold to pay the debts of the decedent you cannot get it back. The debts of the decedent must be paid before any property can be distributed to the heirs. If there were debts and not enough cash assets to pay them then the executor may need to sell the real property. An executor can sell real property if that power was granted in the will or if the court issues a license to sell the real estate. If you have questions about what was done you should call the attorney who handled the estate and ask to have the issues explained to you.

Unless the life estate was restricted to the dwelling only the life tenant has the right to the use of the real property for the duration of their natural life. A life estate is an interest in the real property upon which the dwelling sits. The property affected by the life estate is the premises described in the deed to the property.

Yes. But the person who prepares it has a fool for a client. Trust law is one of the most complicated areas of law. An improperly drafted trust leaves the property vulnerable to creditors, taxes and probate. Errors made by amateurs are costly to correct if they can be corrected.

Yes. But the person who prepares it has a fool for a client. Trust law is one of the most complicated areas of law. An improperly drafted trust leaves the property vulnerable to creditors, taxes and probate. Errors made by amateurs are costly to correct if they can be corrected.

Yes. But the person who prepares it has a fool for a client. Trust law is one of the most complicated areas of law. An improperly drafted trust leaves the property vulnerable to creditors, taxes and probate. Errors made by amateurs are costly to correct if they can be corrected.

Yes. But the person who prepares it has a fool for a client. Trust law is one of the most complicated areas of law. An improperly drafted trust leaves the property vulnerable to creditors, taxes and probate. Errors made by amateurs are costly to correct if they can be corrected.

It will be distributed according to the will. If there is no will the intestacy law of Florida will be applied.

The executor or administrator must be appointed by the probate court. He/she will be issued Letters Testamentary or Letters of Administration then applies to the IRS using Form SS-4 to get a tax identification number for the estate. (The decedent's social security number cannot be used.) Then he/she goes to the bank and gives it one of the probate court documents that show that he/she is the executor, the tax I.D. number and a death certificate and the bank will create an estate account.

You would need to check the laws of intestacy in your state at the related question link below.

Unless the court has ordered lien to be placed against the inmate's assets I'm not aware of any law that requires a prisoner to reimburse the state FOR THE COST OF HIS INCARCERATION, or that disallows him from inheriting. However, if the inmate has tax liens against him by the state or the feds, the inheritance can (and probably will) be seized in payment of those just debts -or- there is an order of restitution on file against him, it can also be seized in payment of that also.

Can you sell a real estate property titled in trustee after mother and father dies

The court will appoint an executor.

Power of attorney is not inherited. The court would have to appoint a new one.

Technically, probated means that the validity of a will has been established by a court proceeding. That term is also used to indicate that an estate of a decedent who died without a will has been administered via a court proceeding.

Generally no. A beneficiary's interest in a trust created by someone else would not be marital property. A grantor's interest in a trust that is revocable should be the same character as if the trust did not exist.

The laws regarding common law MARRIAGE are different in various jurisdictions. It has been abolished in most states and in the states that do recognize some rights, they do not extend to same sex partners. Generally, when a couple is not legally married, the surviving partner is not considered an heir. That's the reason people are encouraged to "make it legal", or, to make certain they have a valid will in place so their surviving partner will be provided for. You would need to do a search for "common law marriage + your state" for more specific information. Perhaps you can find something in the link provided below.

Generally yes unless the grandmother provided that should one of her daughters predecease her then that daughter's share would go to her other daughter. You should check with the attorney who is handling the estate.

No. A step child has no legal right to make medical decisions for your father unless they were granted that power by your father under a power of attorney or health proxy document or by a court order.

If there is an estate you might try to file a claim against the estate for the costs associated with the cleaning. If there is no estate, the fee owners will need to absorb the costs for the clean up.

If the decedent owned any property at the time of death that property makes up her/his estate. If they had no will the property will be distributed as intestate property according to the laws of intestacy in the decedent's state. Some qualified person must petition the probate court to be appointed the administrator of the estate. Once they have been appointed they will have the power and authority to settle the decedent's estate under the supervision of the court. The decedent's debts must be paid before any property can be distributed to the heirs.

A co-trustee is not responsible for the unauthorized acts of the other trustee unless she/he knew of the unauthorized acts and did not report them or facilitated them in any way. A trustee who mismanages trust funds is personally liable.

You need to contact an attorney who specializes in land law.

You need to contact an attorney who specializes in land law.

You need to contact an attorney who specializes in land law.

You need to contact an attorney who specializes in land law.

The executor is entitled to be paid for their work. The court has to approve the distribution and the fee they charged, which is often set by law. If the estate has been closed, you can sue the executor if they breached their fiduciary duty.

The estate is responsible for settling all debt before any distributions are made to beneficiaries. So the lien must be removed by paying the balance due to the one who placed the lien. Then, the car can be sold and proceeds applied to residuary estate, if money isn't needed to settle other debts.

The only consequences would be that you would not have any power or authority to distribute the assets as provided in the will, to make any decisions regarding the estate assets or to pay the debts of the estate. You would not be involved in the settling of the estate.