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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
What does single- as tenants in common with full rights of survivorship mean?
That phrase means nothing. It is a jumble of legal terms. A tenancy in common carries no rights of survivorship. A right of survivorship must be established by a joint tenancy or a tenancy by the entirety. Deeds should always be drafted by a professional.
Is administrator of an estate like a power of attorney?
There is a great deal of similarity. Both are responsible for following the law and taking care of the assets of the person or estate.
Yes, if the note holder wants to. It is up to your mum to pay the morgage if she doesn't want the house to get repossed.She can take her step-son to court to collect his half she pays and to force him to sell or buy her out.
The mother can apply to the probate court to be the executor. In this case the parents are entitled to the estate. There is probably little to distribute and nothing in the way of legal property. You might consult with a probate attorney to see if it is worth hiring them to assist, but they will probably say it isn't worth it.
I believe so, yes
How does being a trustee on a parent's irrevocable trust affect Chapter 7?
It should have any impact unless you are a beneficiary of the trust.
Can life insurance benefits be seized to pay credit card debts of the deceased?
Creditors can attach any assets of the deceased to make sure they are paid. If the debt is legitimate, the estate is obligated to pay. Credit card debts are among the most easily documented debts so it's doubtful that you can prove that the debt is not legitimate. * If the policy names a beneficiary the death benefits are not subject to probate procedures nor can they be attached by creditors for debts owed by the deceased.
Under what circumstances can a Last Will and Testament be considered null and void?
Briefly: Every jurisdiction has its own requirements for executing a valid Will. If those requirements are not met the court will not allow the Will for probating. Generally, the testator must be of legal age and of sound mind. The will must be properly signed and witnessed (or in some states, must be in the testator's own handwriting). A Will can be challenged for reasons that include undue influence over the testator by some other individual.
There are other reasons a Will may be declared void depending on the laws in the jurisdiction. A Will written prior to marriage is invalid in most jurisdictions. In some jurisdictions a divorce automatically revokes any will made during the marriage. Other factors can modify a Will include additional children being born after the making of the Will, or someone electing to take part of the estate 'against the Will.'
Free lawyer help to contest wills?
Probably not available. You may file an objection yourself and explain your reason to the judge.
A person who inherits an interest in real estate would become a tenant in common with the surviving co-owner.
Does a spouse pay inheritance tax?
Yes if they inherit something of monetary value.
Everybody who inherits something of monetary value pays inheritance tax.
Is a Florida real estate contract null and void if the seller dies?
Generally, if an offer was accepted and signed the decedent's real estate is subject to the contract and the estate representative can complete the sale once they have been appointed.
If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.
If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.
If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.
If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.
If a military retiree dies does the spouse get the retirement checks?
No, unless the retiree took out the Survior Benefit option on retirement, then the spouse would get 1/2 of the military retirees monthly benefit.
When an executor can no longer act what needs to happen for the next person in line to take over?
The executor must resign in writing or be removed by the court and the court must appoint a successor.
Do step children have the right to file a wrongful death suit for there stepfather?
Depends on which state they live in. In three states, California, Idaho and Utah
it would depend on dependency and age.
IN all others NO.
In most states the immediate family members are the only parties who can file a wrongful death suit. That includes parents, children, and adopted children. Some states have extended the right to grandparents, step parents and step children and courts can authorize other parties such as creditors and beneficiaries. You need to consult with an attorney in your state who can review your situation and explain your rights and options under your state laws.
What is maximum duration of a living trust?
A living trust exists until it is dissolved. It is usually dissolved in this state when probate is completed.
Should heirs of an estate have a separate lawyer from the estate lawyer?
That is not generally necessary unless there are issues relating to the estate that are in dispute. Generally, all that is needed is an attorney to represent the estate. In the case of an objection or dispute, any other attorneys would be representing their clients. Therefore, a beneficiary doesn't need an attorney unless that beneficiary has an issue or objection that must be decided by the court, and where there is disagreement with the executor and how the estate attorney is handling the matter.
How do you re-register joint property upon death of a spouse?
If the property was owned as joint tenants with the right of survivorship the decedent's interest automatically passed to you. All you should need to do is record a death certificate in the land records to clear the title.
How would the administrator of an estate get a clear title of the house?
I assume you mean how do they acquire title to the real estate in their own name.
In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.
I assume you mean how do they acquire title to the real estate in their own name.
In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.
I assume you mean how do they acquire title to the real estate in their own name.
In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.
I assume you mean how do they acquire title to the real estate in their own name.
In order for legal title to real estate to pass to the heirs the estate must be probated. Generally, once the administrator or personal representative has been appointed by the court there are two ways to transfer title to the real estate legally. First, the administrator can request a license to sell the real estate by stating the amount of the offer and to whom it will be sold. If the heirs consent, the license will be granted without delay. On the other hand, the administrator can wait until the estate has been settled and closed then purchase the real estate from the heirs at law.
How do you get rid of a vehicle that was owned by your deceased parent who didn't have a will?
Further info about the question I just posted:
The vehicle is worth less than the time and expense of going to court, there is nothing else in the estate and there is no surviving spouse. I just want the vehicle gone from my house, i'm not interested in making money off of it.
Does power of attorney also takes care of estate on items to be sold?
The power of attorney ends with the death of the grantor. The executor handles the estate.
Can property in a life estate be sold to an outsider?
The fee to the property can be sold but only subject to the right of the life estate holder to the use and possession of the property.
Can a person who has durable power for health care stop a family's request for autopsy?
No. Your authority ended with the death of the principal unless the principal specifically gave you the authority to make after-death arrangements.
The property must be conveyed by a 'trustee's deed'. For example, the grantor on the deed should be stated as Robert Smith as Trustee of the Smith Family Trust as set forth in a Declaration of Trust dated November 12, 2005. A Trustee's Certificate to accompany the deed is required in most jurisdictions. The certificate must identify the trust and trustee and certify the trustee knows of no amendments or changes to the trust, that he is the sole trustee with power to sell real estate and the trust has not been terminated.
