Estates

Florida has an excellent procedure for creating a life estate. See the description at the link provided below.

Common law originated in and was developed in England as the head of the British Empire. It is based on doctrines established in court decisions (precedent) rather than on any written legal code, though statute is paramount and supreme to this 'common law'.

This system is opposed to that originating from the Roman Empire called the Civil law system. This civil system is based on an inquisitorial system of law, whereas the common law system of British heritage is based on the adversarial system of law.

Usually the surviving spouse will receive your assets and any debts. However, if you do not have a will, anyone is entitled to contest the will. States have standard distributions for assets when the individual dies 'intestate' (without a will). This may, or may not, work to the benefit of those that inherit. A will allows the individual to choose where assets go. It also allows trusts to be set up for minors and for tax benefits. It is particularly important to making sure children are taken care of and know who is going to take care of them.

It is possible that the Probate judge will see that outstanding debts, especially past taxes, are paid until all funds have been depleted. You may end up with nothing, prepare yourself for bad news. First contact his creditors and try to negotiate with them on the balances, some may even agree to write off his remaining debt.

Yes, she is still his wife.

No. The foreclosure of your individually owned real estate will not affect the estate you are administering. However, your creditors may go after any inheritance you may acquire if they find out about it.

Find out what county the property is in and look up land records/property records for that county via a GOOGLE search.

It depends entirely on if there was a Will and what the Will provides. It may have a clause that the beneficiaries have to survive the deceased by a certain period of time.

Otherwise, their share goes into their own estate. It may very well be that the other heirs are going to be beneficiaries of that estate as well.

If the decedent died owning property the estate must be probated.

If there is a will the person who has it is obligated to produce it in a timely fashion. If the will does not surface, a qualified person can petition the court to be appointed the Administrator of the estate. The Administrator will have the sole authority under the supervision of the court to take possession of the estate, pay the debts of the decedent and distribute the property according to the laws of intestacy as if the decedent die without a will.

A Petition for Administration is often a motivation for the person who has the will to produce it. If they don't, the property will be distributed fairly to all the heirs-at-law according to law. You can check the laws of intestacy for your state at the related question link provided below.

Once the will has been filed with the court it becomes a public record and anyone can obtain a copy from the court.

Once the will has been filed with the court it becomes a public record and anyone can obtain a copy from the court.

Once the will has been filed with the court it becomes a public record and anyone can obtain a copy from the court.

Once the will has been filed with the court it becomes a public record and anyone can obtain a copy from the court.

Yes. The child would need a court appointed guardian to advocate for him in court.

If Patrick and Sean own property as tenants in common and Patrick dies then his next-of-kin will inherit his interest in the property unless he left a will devising it to a particular person. If there is no will his interest in the property will pass according to the state laws of intestacy. You can check the laws in your state at the link below.

It means that you have successfully fulfilled the requirements of your sentence of probation and are released from "custody."

Maybe, but the law protects the rights of spouses. Your step-mother may have a life estate in the property. You will need to consult a probate attorney and the will to determine what her rights are.

An independent executor is one who works independently from the court. A dependent executor must seeks the court's permission to perform most acts, such as selling property, borrowing money, or distributing assets.

A person or entity could be either dependent or independent. For example, a spouse would typically be independent, but might be dependent if there were controversy in the case. The test is usually whether there needs to be court oversight.

Please be aware that each state has different laws on this subject. The above specifically refers to Texas, but is fairly general. Some states might be quite different.

"Execute" is an expandable term in law when referring to legal documents. It can mean that a contract has been fully performed by both parties. It is most commonly used to refer to the signing of legal documents. Historically it meant that a legal document had been signed, sealed and delivered. There was a time when a deed was not valid unless there was proof it was delivered to the grantee.

Today a properly executed document has been signed by the necessary parties, witnessed, if necessary, and the signatures have been acknowledged by a notary, if necessary. There are different requirements for different types of documents. The purpose of executing a document properly is to render it legally enforceable.

Does executive need signatures from siblings to sell family property which all inherited?

Generally the hospital will turn over any belongings to a spouse or a blood relative. If the estate goes through probate the items will have to be accounted for.

In general, no. First, North Carolina is not a community property state. Second, in general, inheritance remains separate property, even in community property states, unless the inheriting spouse commingles the assets (mixes the inheritance in with community assets; for example, deposits the money into a joint checking account).

In most cases the estate must be entered into probate before any property can be disbursed either through the terms of a Will or by the probate succession laws. What property is exempted from probate and can pass directly to the beneficiary is determined by the laws of the state in which the deceased last established residency.

This response may not apply to your country, state or province but here is a response from my experience in Ontario, Canada.............. Certain criteria have been applied in many cases when fixing the compensation of Executors. # magnitude of the Estate; # care, responsibility and risks assumed by the Executor; # time spent by the Executor in carrying out his or her responsibilities; # skill and ability required and displayed by the Executor; and # results obtained and degree of success associated with the efforts of the Executor. Although the above factors provide some guidance in terms of what criteria should govern the calculation of Executor's fees, they do not provide a clear method for arriving at a value for the Executor's compensation. Hence, in an effort to develop some consistency and predictability in the determination of Executor's compensation, a court recognized guideline has evolved. It must be recognized that this is only a guideline and is subject to increase or decrease in appropriate circumstances and may also be disregarded altogether in favour of another approach. The guideline applies percentages to various categories of the Estate receipts and payments and is expressed as follows: * 2 ½ % of the total value of capital receipts of the Estate * 2 ½ % of the total capital disbursements of the Estate * 2 ½ % of the total revenue receipts of the Estate * 2 ½ % of the total of revenue disbursements of the Estate * Annual fee of 2/5 of 1% of the average annual market value of the capital of the Estate Despite the guidelines, courts still require evidence to justify the quantum of compensation claimed by the Executor. This evidence can include time dockets or estimated time logs. In a number of cases, courts have awarded an additional allowance to the Executor where the administration of the Estate was made more difficult than usual by reason of conflicting interests among the beneficiaries; where the Estate has involved the management and operation of a company; or where litigation was initiated by the Executor on behalf of the Estate. On the other hand, courts have reduced the Executor's compensation from the guideline amount in cases where a large Estate which nonetheless was simple to administer was involved or where specific assets were being transferred.

You need to file Will and Petition for Appointment in local Probate court.

Adoptive parent. Once a child has been adopted, his adoptive parents are his parents, period. It is as though he had been born to them. He no longer has ANY legal relationship to his birth parents; he has no claim on them nor they on him.