Estates

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.

You should seek guidance from the court where the probate was filed. A beneficiary cannot hold up the estate by refusing to sign something such as a final account. Generally, the court will allow you to publish a notice rather than obtain a signature.

There are four ways a Presidential vacancy may occur:

1. Death

2. Resignation

3. Impeachment

4. Incapacitation

The President may be impeached for "high crimes and misdemeanors". The House of Representatives must vote for impeachment, and the US Senate then conducts a trial to determine the outcome.

Two Presidents William Clinton and Andrew Johnson) have been impeached by the House of Representatives, and in both cases the Senate acquitted, so neither were removed from office.

Richard Nixon resigned under the threat of an impending impeachment, but he the House did not vote on impeachment since he resigned first.

The 25th Amendment allows for a majority of the Cabinet and Vice President to declare the President incapable of fulfilling the duties of the office by notifying both houses of Congress. The Vice President becomes the acting President.

If she states in her will that her husband shall receive that account he will. She may leave it to anyone she chooses. If she dies without a will it will pass as intestate property according to the laws of your state. See the link provided below for state-by-state intestacy laws.

In general, the beneficiaries on the CDs and IRAs control over the will. This because the CD or IRA is an asset which by its own nature becomes the property of the named beneficiary. The asset is not the property of the decedent's and a decedent's will transfers only assets in the decedent's name. On the other hand, the rules might be a bit different when it comes to simple joint bank accounts as opposed to ones that have beneficiary designations. In some states, it is possible to challenge a surviving joint owner taking the account.

You can obtain copies from Eternal Word Television Network (ewtn.com) which was founded by Mother Mary Angelica of the Annunciation.

You may need to go to a real estate lawyer and change the status of the house. Also, get advice on the property tax status.

Assuming there are no heirs (relatives that can be found), it would depend on how that State treats mobile homes as a property. They might be treated like abandoned autos and boats, whereby the owner of the mobile park who eventually isn't paid for the leased space or rent, may be able to file a lien type instrument against it and end up owning it, selling it, or renting it. But, always check with a probate attorney. They will probably answer that question for free in a phone call.

You cannot sell your mother's property because you aren't the legal owner yet. Your mother's estate must be probated in order for title to her real estate to vest in her heirs. There are only two ways you can sell the real estate. 1.) You must petition the court to be appointed the administrator of her estate. You must then petition for a license to sell the real estate. 2.) You must petition the court to be appointed the administrator of her estate. Then you must complete the administration and close the estate. Once the estate has been completed the title to the property would be vested in (owned by) all the heirs and they could all sign a deed to sell the property.

The purpose of a special needs trust is to allow a person who collects some form of benefit from the government to have other assets available for their needs. It cannot be emphasized enough that the trust must be drafted by an expert in trust law and tax law. If properly drafted, the trust assets will not be counted for purposes of qualification. If improperly drafted those assets could trigger a denial of government benefits until the trust assets are spent. You can read more about this topic at the link provided below

You may file a Petition to Partition the property in a court of equity. The court would appoint a commissioner to sell the property and the proceeds, minus all the legal fees, would be divided between the parties. Before you take that step you could have the real estate appraised and then make your co-owner an attractive offer to purchase your half interest. Your asking price could be for less than market price since you wouldn't have to incur the high cost of a partition proceeding.

Unless any of the relatives cosigned for any loans then the creditors are out of luck and have to cut their losses. If one mate dies (say the husband) leaving a widowed wife, then she is responsible for paying off the debts and vice-versa. Other than that children of the deceased ARE NOT responsible for the out-standing debts of their parents should they both be deceased. Marcy * In the U.S. a surviving spouse is only responsible for repayment of the deceased spouse's debts if the accounts were joint or the couple resided in a community property state. (Texas and Wisconsin assess marital debt differently than do other CP states)

It really depends upon the contents of a will and how the property is titled under the wording of the deed. Generally property held jointly passes directly to the other owners and is not subject to probate action. In a case such as noted, the deceased share of the property will likely be passed automatically to the surviving owners under the state's Joint Tenants With Right of Survivorship (JTWRS) laws.

(1) Provisions for support of surviving spouse and minor children. (2) Administration Expenses (3) Funeral expenses. (4) Debts and Taxes with federal priority. (5) Medical and Hospital costs connected to death of the person. (6) State Taxes (7) Debts owed to employees 90 days prior to death of person. (8) Child Support arrearages. (9) Public assistance overpayments. (10) All other debts secured and unsecured in the order the claim was received. Please keep in mind allocation of all estates is based upon the size of the estate after exempt property and assets have been excluded. Exempted property and assets generally include that which has been distributed in a valid Will. In intestate estates any heirs other than a surviving spouse and children are usually the last persons to be paid from any remaining funds.

You would have to check the laws governing the state in which you live. The laws varies from state to state but you might be able to contest a will if you are a legal heir. Your best resource to answer this question might be your local library or you could consult an attorney to see if you have any legal grounds to contest the will. There are usually attorneys listed in the yellow pages of your phone book that advertise free initial consultations. Hopefully, you will have some luck.

It depends on the laws of the the jurisdiction. In many cases the bank would have required this to get the mortgage. There may have been a quit claim deed filed with the mortgage.

You need to state your case before a judge and get a judgment in your favor in order to obtain a judgment lien against another party. You have no power to place a lien on anyone's property.

Washington DC does have an estate tax. They do not have an inheritance tax. It would be a good idea to consult a probate attorney in DC. They will know how to reduce the tax liabilities of the estate.

The court will not usually appoint someone to be an executor if they are incarcerated. The court can appoint anyone as the executor and will often appoint a bank or lawyer to take care of the estate.

Yes. You should receive a notice that includes the date and time of the hearing.

a priavte care closed completely, my relative passed away four years. They didn't move but completley shut down. how long to they keep a loved one records and were since they are out of business?