The property is still in your father's estate and his estate must be probated. You are not the legal owner.
In order for title to real property to pass to the heirs-at-law in an intestate estate (no Will) or under the terms of a Will, the estate must be probated. Title is passed to the heirs by the probate process. You cannot "title" the property in your name until the estate has been probated. You cannot sell or mortgage the property until the estate has been probated. Until you probate the estate you only have what is called equitable title.
You should consult with an attorney who specializes in probate who can review your situation and explain your options.
What type of clothing did the scribes wear during 29 AD?
The Scribes during 29 AD word robes and long clothing. The Scribes were responsible for writing out the scriptures and teaching others about Jewish law.
The person harmed (likely the principal) can sue for breach of fiduciary duty. I'm not sure the sibling has any standing, unless it's for tortious interference with inheritance rights.
It should not affect your inheritance from his will at all - you inherit from your deceased husband everything he wanted to leave you. As far as the wrongful death suit is concerned, you will probably still be entitled to receive something, but because you are now a survivor of the victim, and NOT the principal victim, it may be reduced. You may want to contact the law firm bringing the action.
Can someone be the executor of a parent's will at age eighteen?
Yes, however it is strictly up to te individual state to determine the age for an executor so you must check that particular state's laws to be absolutely certain. Virtually every, if not all, states do allow this since the age of majority for virtually every function, except using alcoholic beverages, is eighteen.
It depends on how the will was written. There may be a survivorship clause. This would indicate that someone had to survive the deceased by a certain number of days in order to inherit. It was intended to avoid having estate monies going through probate twice in one years.
What are the laws in Texas when someone dies without a will?
== == Texas intestate succession laws are quite complicated, especially when they pertain to married couples -- Texas being a community property state. Professor G. Beyer teaches at TTU school of law and has a very informative site concerning such issues. http://www.professorbeyer.com It depends on the size and nature of the estate. If it's just real estate, an affidavit of heirship, signed by two disinterested persons and recorded in the county deed records, is sufficient. Sometimes a small estate affidavit will do, or perhaps an application for order of no administration. Larger estates would likely need an heirship proceeding and administration. If all distributees are adults and agree, the administration can be independent of court supervision, other than determining heirs, appointing the administrator, and approving an inventory.
Yes, you can request this through the lawyers. Executors (males) Executrix (female) are performing a duty and they have to account for every cent in that Estate. If the beneficiaries want to know what is going on they should not only have a copy of the Will given to them, but the Executor should be keeping some type of bookwork or journal as to what outstandings bills they are paying for the deceased. NOTE: Jewelry and personal effects of say the mother going to her daughters can be distributed before Probate. Marcy
Are you responsible for a lien for POA dues on property you inherited?
Only if you want clear title to the property. If you fail to clear the lien, the property can be sold from under you. If the lien holder does not forclose you will still not be able to sell the property until the lien is satisfied. Just pay the debt, especially if it is valid. When you inherited the property, you inherited the debt.
In Washington state what does the wife get when the husband dies?
grandpa died, power of atty. already given before death. granny, married to gramps for 10 years, wa.state. She is of sound mind and body. Isnt everything hers, unless she has given up her control, because of impairment? Still, she would be in ultimate control, and ownership, am I wrong?
What is the inheritance tax in New Hampshire?
Inheritances passing to the spouse, descendant, or ascendant are not subject to taxes in New Hampshire. Exceptions apply also to charitable organizations. Other bequests are taxable at the 18% rate. The legacies and succession inheritance tax was repealed in 2002 for deaths occurring on or after January 1, 2003.
Generally, every state has a section in the state laws that governs the powers of an attorney-in-fact under a Power of Attorney. Powers of Attorney grant sweeping powers and the attorney-in-fact should be chosen carefully. Generally, the power to designate beneficiaries is included, however, the AIF cannot name themselves as the beneficiary. You can perform an internet search for your state by entering the name of 'your state + statutory powers of attorney'. Then look for a link for an official state source.
What are your inheritance rights as an adopted child?
A legally adopted child has all the rights of a biological child for purposes of inheritance under the state laws of inheritance and intestacy.
How do you dissolve a trust fund and regain my cash?
You must review the terms of the trust. All the provisions of the trust are set forth in the document that created the trust. It should contain language stating how the trust can be terminated. If there is no way to terminate the trust you may need to get a court order. You should consult with the attorney who drafted the trust for you.
There are community states and what other kind?
There are community property states and separate property states.
How do you break a life estate trust?
A life estate must be released in writing by the life tenant. The release must be acknowledged by a notary and recorded in the land records.
Return to the court that appointed the executor and petition to have the executor removed and a new one appointed.
If a single parent dies intestate do the children have to file probate?
If the parent is the sole owner of any property at the time of death their estate must be probated.
No....i was an executor in Illinois and it took over 4 years to settle the estate. If the lawyer has other matters to attend to and you dont push for an end you can go for quite awhile. Most good lawyers will have the estate tied up within 6 months.
Where can I find a sample letter of appointment for a trustee?
You can find some examples of these by looking online. There might also be some available from other companies that could be helpful.
A trust deed conveys property to a trustee who then holds title to the property according to the provisions of the trust. You need to examine the provisions of the trust document to determine who the beneficiaries are. If the house is the only property in the trust you need to read the actual trust document to determine who the beneficiaries are as recited in the trust document. That trust document controls what the trustee may do with the property and who will inherit a deceased beneficiary's interest. If the trust doesn't mention what will happen if one of the siblings dies then perhaps the trust gives the power to the trustee to convey the property by a deed TO the four siblings. You could then decide how it will be held by the four of you. If the trust states the property should ge distributed to the four children upon the death of the parents then the trustee can convey the property to the four children by deed. If that deed recites that the grantees will hold the property as joint tenants with the right of survivorship and one dies, her share will pass to the remaining siblings. If that deed recites that the grantees shall hold as tenants in common and one dies, her share goes to HER heirs. Therefore, if you get a deed from the trustee passing title to you then you can decide for yourselves how title will be held. If the trust doesn't give the trustee the power to sell then the trust will need to be modified by judge so the property can be conveyed to the heirs. In any case, you should seek legal advice from a probate/real estate attorney to straighten this matter out for you. This situation is subject to your own state laws.
In Ohio when a spouse who is solely on mortgage dies does surviving spouse get the house?
If your spouse died intestate (without a will) the property would pass as follows: 105.06. Ohio Statute of descent and distribution. When a person dies intestate having title or right to any personal property, or to any real estate or inheritance, in this state, the personal property shall be distributed, and the real estate or inheritance shall descend and pass in parcenary, except as otherwise provided by law, in the following course: (A) If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stirpes; (B) If there is a spouse and one or more children of the decedent or their lineal descendants surviving, and all of the decedent's children who survive or have lineal descendants surviving also are children of the surviving spouse, then the whole to the surviving spouse; (C) If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is not the natural or adoptive parent of the decedent's child, the first twenty thousand dollars plus one-half of the balance of the intestate estate to the spouse and the remainder to the child or the child's lineal descendants, per stirpes; (D) If there is a spouse and more than one child or their lineal descendants surviving, the first sixty thousand dollars if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first twenty thousand dollars if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate to the spouse and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes; (E) If there are no children or their lineal descendants, then the whole to the surviving spouse; (F) If there is no spouse and no children or their lineal descendants, to the parents of the intestate equally, or to the surviving parent; (G) If there is no spouse, no children or their lineal descendants, and no parent surviving, to the brothers and sisters, whether of the whole or of the half blood of the intestate, or their lineal descendants, per stirpes; (H) If there are no brothers or sisters or their lineal descendants, one-half to the paternal grandparents of the intestate equally, or to the survivor of them, and one-half to the maternal grandparents of the intestate equally, or to the survivor of them; (I) If there is no paternal grandparent or no maternal grandparent, one-half to the lineal descendants of the deceased grandparents, per stirpes; if there are no such lineal descendants, then to the surviving grandparents or their lineal descendants, per stirpes; if there are no surviving grandparents or their lineal descendants, then to the next of kin of the intestate, provided there shall be no representation among such next of kin; (J) If there are no next of kin, to stepchildren or their lineal descendants, per stirpes; (K) If there are no stepchildren or their lineal descendants, escheat to the state.
First, it sounds as though the mother may be contemplating helping her son obtain funds from a bank through a fraudulent scheme. It won't work. Mortgages have a "due on transfer" feature meaning that if you make a title change after you grant a mortgage then the lender can call the note due and payable if they become aware of this change. If you read the note and mortgage that the son signed this will be clearly stated.
It should also be noted that the son is still obligated to pay the mortgage. The mortgage as a legally binding contract predates and supercedes anything dated after it was executed. If he is relying on mom to make the payments and she does not, his credit will be wrecked. Lending regulations are specifically structured to prevent just this kind of thing.
Can the lawyer writing the will for someone also be a beneficiary of that will?
They can be, but it isn't typically a good idea. It could be grounds for contesting a will under the idea of undue influence.
In the UK, where there is a joint bank account, any of the signatories on the account can do anything with the contents of the account. If one signatory dies, the position does not change and the remaining signatories can continue using the account.
HOWEVER, for the purposes of inheritance tax, the contents of the account at the time of death must noted and, (unless there is documented proof to the contrary), a sum equal to the content divided by the number of signatories on the account will be included in the tax/probate calculations for the deceased.