Estates

The decedent's estate must be probated in order for legal ownership to pass to the heirs. The legal owners are responsible for paying the taxes. If one heir is living on the premises they should all make up an agreement in writing as to who will pay the expenses.

In many cases a trustee may convey the trust property to himself as an individual. It is often done when a group decides to terminate a trust. However, this type of a transaction should be handled by an attorney with experience in such transactions who can make certain the sale is uncontested and the deed will be accepted as a valid conveyance by future title holders. The attorney can first confirm the conveyance is not a result of self-dealing by the trustee and then arrange to make the transfer with the proper documentation to maintain a clear chain of title to the property.

His property passes to his blood relatives. She will need to make an arrangement with them to continue living in the house, probably paying rent and expenses, or move out if they request that she do so.

He cannot delegate his powers in any manner unless he has been specifically authorised to do so.

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.