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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
Can someone other than the principal revoke power of attorney from the person given the power?
No. The power to grant and revoke powers under a Power of Attorney rests with the individual. If there are special circumstances, the matter must be brought before a judge and the judge can revoke the POA.
The person is still living. The executor can only become authorized by a court order once the person is dead.
Generally the property passes to the surviving spouse according to the state laws of intestacy. You can check the laws for Arkansas at the related question link provided below.
You need to talk to a lawyer in your jurisdiction. You can prepare for a visit with an attorney by performing a little research at the local land records office and family court. You are not entitled to know the contents of your mother's will since she is not deceased. However, you do have the right to know if other family members are taking advantage of her property and cutting you out.
The real property cannot be transferred without your mother's signature unless she is under a legal guardianship or she executed a durable power of attorney. In any case the property must be transferred by a deed. You can check your mother's name in the grantor index at the land records office to determine if any deeds have been recorded recently. The staff will assist you and if you do find any deeds you can obtain copies. It will be important to note who signed those deeds and who notarized them.
At the same time you can visit the family and probate court department in your jurisdiction and check your mother's namein that index to determine if any legal guardianship or conservatorship has been allowed. If you find a case under her name you can request the file and review it. You can obtain copies of any important documents, especially the petition and decree. You should also note the name of any attorney connected to the file. If there was any such petition you should have been notified.
Finally, you should take any information you have found and make an appointment with an attorney who specializes in family law who can review your situation and explain your options. She/he can also determine if there is a need for further research.
They must pay a fair market price for the property. The demand note will have to be resolved before the court will close the estate.
Does a married couple need to create individual wills for each?
Yes, each person should have their own will, although there is certainly no law against having interlocking wills. It is somewhat rare for both parties in a marriage to die at the same instant, meaning the will of one of them will be administered before the will of the other.
Notorizing a forged signature?
If the notary is aware the signature is a forgery they are in violation of the law. The violation should be brought to the attention of the district attorney's office.
If I don't name all my children as heirs can they contest my will?
The rules are different in different jurisdictions. You should have your will drafted by an attorney who specializes in probate to make certain it effectively disinherits any children you wish to leave out. Generally, a will contest cannot prevail if the will is properly drafted for a legally competent testator. You may need to name all the children in the will, but you do not have to leave them anything.
What is the time frame for executrix to settle an estate in Tennessee?
There is no proscribed time frame. It can take years, even decades, to settle a complex estate.
How do you sign over property left by mother to one sibling?
If the property includes real estate the estate must be probated in order for title to pass to the devisee.
If the property includes real estate the estate must be probated in order for title to pass to the devisee.
If the property includes real estate the estate must be probated in order for title to pass to the devisee.
If the property includes real estate the estate must be probated in order for title to pass to the devisee.
The letter may constitute a promise to make a will under the Statute of Frauds. If someone expresses in writing to you that they will make you a beneficiary under their will and that promise influences you to provide assistance to the person, or help them in any way with the expectation of a future reward in their will, you may have a legitimate claim against their estate. You should have a copy of the letter reviewed by an attorney who may find it strong enough evidence to file a claim against the estate.
What constitutes an estate in wills and probate?
All of the assets belonging to the deceased. That would include all property rights, personal belongings, money and investment instruments. The Executor also has to include all gifts given in the last two years prior to death.
Can the beneficiaries request a copy of a will in Texas?
If the testator is dead, the beneficiaries should be able to get a copy of the will. If the person that wrote the will is not dead, there is no right to see the will. Consult an attorney in Texas for more specifics.
The power of a guardian is extinguished upon the death of the ward. The person would need to petition the probate court to be appointed the Administrator of the estate.
Unfamiliar with your state laws, it may come down to a will to see who is decreed the house between you and his children. Best to ask him now as to his intentions while there is time.
What does beneficiary for unpaid pay and allowances mean?
A beneficiary for upaid pay and allowances is someone who is declared on the DD93 to receive any money owed to the Soldier after his/her death or if they are in a "missing or POW" status. For example, if a soldier dies on the 30th of the month, he/she will get the soldier's ordinary entitlements from the 15th-30th, plus allowances(housing, separate rations:food) and any other pay(ie clothing allowance) that was entitled to the soldier. If the soldier is declared missing or in POW status. the appropriate service will pay the above entitlements to the designated person once the soldier's status has been officially declared.
I want to donate my body after my death so please can you tell me how?
Depending on the state in which you live, there may be a place on the back of your drivers license to mark, indicating your wishes to do this. You can also hand write (in your own hand writing) that you want your body donated (organ donor, research, etc.) after your death, then date and sign it. You should also have two witnesses sign it, as well. Or, you can write it, then have it notarized, but don't sign it until you take it to a notary, who has to witness you sign it. Afterwards, put it with your important papers and documents, and make sure your family/friends know these are your wishes. You can also have an attorney do this for you, which will cost at least $100, but it will be the safest way to ensure your wishes are carried out.
If granter is not dead can he terminate a life estate?
The grantor can terminate a life estate if she reserved the right to revoke it. Otherwise, only the life estate holder or a judge can terminate a life estate if the life tenant is living.
How do you know if you have right of survivorship on a property you own with a non-spouse?
A right of survivorship must be set forth in the deed by which you acquired your property. If the deed doesn't state you received the property as "joint tenants", or as "joint tenants with the right of survivorship" which is required in some jurisdictions, then you own as tenants in common and have no survivorship rights. If you review your deed and the answer isn't clear you should consult with the attorney who represented you at your closing who can draft a confirmatory deed with survivorship rights if necessary.
No. The estate will be divided according to the Alabama laws of intestate succession.
Under Alabama law when there is no surviving spouse the issue of the decedent, if they are all of the same degree of kinship (children) to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation (children of a predeceased child will take their parent's share and then share it equally amongst themselves).
See related link.
That would depend on the state laws of intestacy if the person has any other blood relatives or legally adopted relatives. The parents would inherit and if there are no surviving parents then siblings. You can check the laws of intestacy for your state at the related link.
That would depend on the state laws of intestacy if the person has any other blood relatives or legally adopted relatives. The parents would inherit and if there are no surviving parents then siblings. You can check the laws of intestacy for your state at the related link.
That would depend on the state laws of intestacy if the person has any other blood relatives or legally adopted relatives. The parents would inherit and if there are no surviving parents then siblings. You can check the laws of intestacy for your state at the related link.
That would depend on the state laws of intestacy if the person has any other blood relatives or legally adopted relatives. The parents would inherit and if there are no surviving parents then siblings. You can check the laws of intestacy for your state at the related link.
The executor must file an inventory of the estate with the probate court. The heirs can visit the court, request the file and review all the filings. The inventory should list all the property, both real and personal, that was owned by the decedent at the time of death.
The executor must file an inventory of the estate with the probate court. The heirs can visit the court, request the file and review all the filings. The inventory should list all the property, both real and personal, that was owned by the decedent at the time of death.
The executor must file an inventory of the estate with the probate court. The heirs can visit the court, request the file and review all the filings. The inventory should list all the property, both real and personal, that was owned by the decedent at the time of death.
The executor must file an inventory of the estate with the probate court. The heirs can visit the court, request the file and review all the filings. The inventory should list all the property, both real and personal, that was owned by the decedent at the time of death.
The full ownership of the property automatically passes to the survivor. There are no tax implications.
Think of it this way: if two people own property in a survivorship tenancy and one dies the decedent's interest in the property disappears and the property is the sole property of the survivor.
The full ownership of the property automatically passes to the survivor. There are no tax implications.
Think of it this way: if two people own property in a survivorship tenancy and one dies the decedent's interest in the property disappears and the property is the sole property of the survivor.
The full ownership of the property automatically passes to the survivor. There are no tax implications.
Think of it this way: if two people own property in a survivorship tenancy and one dies the decedent's interest in the property disappears and the property is the sole property of the survivor.
The full ownership of the property automatically passes to the survivor. There are no tax implications.
Think of it this way: if two people own property in a survivorship tenancy and one dies the decedent's interest in the property disappears and the property is the sole property of the survivor.
Can a husband obtain a POA over incompetent wife with dementia without using an attorney?
Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.
Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.
Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.
Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.
How do you remove dead spouse from property deed in Mo?
Generally all you need to do is record a death certificate in the land records. You cannot take a person name off a deed.
