Estates

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.

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.

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.

It depends on what the will says. It must specify that natural grand children and step grandchildren are to be treated the same in order for the step grandchild to get any inheritance. The question seems to indicate that the inheritor is still living and is garnering assets bu being named a beneficiary of a will. If such is the case, the named party is not legally bound to share an inheritance with anyone unless said inheritor is married and lives in a community property state. Be that as it may, as noted stepchildren or grandchildren would have to be named in a will as recipients before they would be entitled to any assets or property. The law considers such persons as being "removed from the bloodline" and would only be considered under probation succession laws if there were no other surviving blood relations.

If the property was held as Joint Tenants or Joint Tenants With Rights of Survivorship then the present owner can sell the house without permission from the probate court.

The present owner will need to amend the title before a sale is possible. Contact the assessor or land recorder's office in the county where the property is located to obtain specific information.

Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.

Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.

Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.

Generally: Yes. Paying their own fee from the estate, as well as distribution, must be done before the estate is closed. The executor's fee is set by law and will appear in the final account. As long as the fee is properly assessed and listed in the final account, the court will approve the final account and at that time the estate is closed. All the executor's duties must be completed before the estate can be closed.

There is no legal duty to issue updates. However, it is so easy to keep in touch with email that it should be done as a courtesy. The heirs should request that the administrator send out an email periodically to apprise them of the status of the administration. If the Administrator isn't keen on that idea, anyone can visit the probate court and request the file. A quick review will tell you what has been filed and if the probate is moving along. If it appears the Administrator isn't settling the estate with expediency you can complain to the Administrator and if there is no response then you can petition the court to compel the Administrator to act or to appoint a replacement.

The short--and slightly incomplete--answer is six months from your appointment as personal representative (or, if longer, nine months from the date of death of decedent).

Minnesota Statutes § 524.3-706 states:

"Within six months after appointment, or nine months after the death of the decedent, whichever is later, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare and file or mail an inventory of property owned by the decedent at the time of death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item."

The statute is clear about who you have to mail or otherwise "serve" with the Inventory. The statute is not completely clear about the need to file the Inventory. Some counties do actually require filing; some leave counties leave it up to you to decide (as long as you comply with all other requirements). I would typically suggest that a person err on the side of filing.

An incompetent parent is one who emotionally, physically or psychologically abuses the child. An incompetent parent may not be able to care for their own needs and be financially struggling to accommodate for the child's basic needs such as health, safety and nutrition.

Generally, if Harry survived the testator then died, Harry's portion of the estate becomes part of the Harry's estate. It will pass according to the provisions in Harry's will or according to the laws of intestacy to Harry's surviving spouse and children. You can check the laws of intestacy for your state at the related question link provided below.

His power of attorney doesn't have anything to do with the transaction. If the court agrees that is the appropriate disposition of the property, the executor can transfer title to the appropriate person. The court will look to see if the debts are paid off and that the brother is getting his fair share of the estate. Consult a legal profession in the state in question for a full understanding.

If the deed is silent, the decedent's share passes to the decedent's estate (to the decedent's heirs, if no Will, or beneficiaries, if there is a Will). If the deed is silent, the decedent's share passes to the decedent's estate (to the decedent's heirs, if no Will, or beneficiaries, if there is a Will).

If by "heir" you mean that you are the sole beneficiary under the will, then you cannot contest the will unless you suffer some sort of loss or financial harm by reason of the probate of the will. One type of loss to a sole beneficiary would be the appointment of a person as executor who is not qualified or would be detrimental to the estate. If the sole beneficiary believed that the named executor unduly influenced the testator into making him the executor then the will could be set aside either in whole or in part. Sometimes a will is made which is in all other respects in accord with a testator's wishes except for one aspect. It is theoretically possible (and has been done in New Jersey at least) to set aside just the appointment of the executor while leaving the rest of the will intact. Another instance of a sole beneficiary challenging the will is if the estate is given to the sole beneficiary in trust for several years with outright distribution not being made for a long time. The beneficiary's loss is the tying up of the trust funds for years together with the cost of the trustees commissions over the time the trust is in effect. In this situation, the trust would have no contingent or succeeding beneficiary otherwise, you would not be the sole heir under the will. A will with at trust without a contingent beneficiary is ripe for a will contest, because such a trust lacks such an important part, that it looks like a mistake that may be evidence of a lack of proper testamentary intent. This question presents an interesting opportunity to explain some technicalities of probate law. This is an exercise in semantics; however, in strict technical terms an heir is a person who inherits a decedent's property when there is no will. A beneficiary is a person who receives a decedent's property when there is a will. Sometimes beneficiaries are called "legatees" if the receive personal property and "devisees" if they receive real property. Most modern probate laws have abolished the distinction between legatees and devisees, so the difference in meaning is mainly historical now rather than legal. So, if a person is the only "heir", meaning the only person who would inherit in the absence of a will, and if the will gives all or part of the estate to other persons or entities, the heir can obviously challenge the will, because he has the appropriate financial interest to give him/her standing to sue. Generally, standing to sue exists only when a person is "aggrieved" by the probate of the will, meaning he or she suffers some sort of financial loss because of the will. The heir's loss is that he/she would have received more money but for the will. He has standing to sue, but he still has to prove his case.

If the Will has been executed in Probate court the Will stands but if there is a note proving your dad owed money to your uncle then he can legitmately claim this as a debt upon your dads estate. See probate help link below for more information. Your father's estate is responsible for paying his debts. If the estate was properly probated and there are debts and no assets then the estate is said to be insolvent. You should speak with a legal professional who can review the situation and confirm that the creditor is out of luck.

Many Executors(male) Executrix (female) don't realize that they should give a copy of the Will to all Heirs in that Will. If it is handled solely by a lawyer or "In Trust" you would automatically get a copy of the Will. Wills have to go to Probate before monies or property are distributed to the Heirs in the Will and this can take from 8 months to a little over a year. Probate makes sure all personal/house/property taxes are paid in full and any other creditors are paid off. What is then left in the Estate will be given out to the Heirs by a lawyer according to the Will's instructions and you would receive a check. If you don't know who is handling the Will, then you can check with the "Probate Dept." to see if it has been Probated. You must give the full name, birth date, date of death of the deceased. Marcy * In the U.S. copies of wills are not given to beneficiaries. The will is filed with the probate court according to state law and is only available for viewing after probate procedures are finished. In most states the law allows the estate to be filed at any time, but no sooner than 90 days after the person's death. Average probate time is 18 months from time of filing, for a simple estate, several years for those that are more complexed.

A persons estate is all the property they own both real and personal property.

As an executor, you have a duty to sell the house and distribute the proceeds. If you want to buy the house from the estate, you can make that arrangement.

You must look to the trust for direction as to the distribution of the trust property and the termination of the trust. The management of a trust is set forth in the document that created the trust. If there is not direction as to the termination and final distribution of the trust property then a judge must make that determination.

If the decedent died owning any property in their own name the estate is responsible for paying their debts. The creditors and any unknown heirs must be provided with the opportunity to make a claim against the estate. If there is real property, title will not pass legally unless the estate is probated. If there are personal bank accounts the administrator will need letters of administration to access the funds and close the accounts.

You would need medical evidence from a physician who has examined or is familiar with the principal. You should consult with an attorney about petitioning for guardianship. Once a guardian has been appointed any prior Power of Attorney is extinguished.

You would need medical evidence from a physician who has examined or is familiar with the principal. You should consult with an attorney about petitioning for guardianship. Once a guardian has been appointed any prior Power of Attorney is extinguished.

You would need medical evidence from a physician who has examined or is familiar with the principal. You should consult with an attorney about petitioning for guardianship. Once a guardian has been appointed any prior Power of Attorney is extinguished.

You would need medical evidence from a physician who has examined or is familiar with the principal. You should consult with an attorney about petitioning for guardianship. Once a guardian has been appointed any prior Power of Attorney is extinguished.

There is no universal abbreviation. It should be spelled out.

There is no universal abbreviation. It should be spelled out.

There is no universal abbreviation. It should be spelled out.

There is no universal abbreviation. It should be spelled out.

Do you have Power of Attorney for her? If not, consult a real estate attorney. Something can be worked out.

Sometimes. It depends on how well you know the stepmother.