Estates

Our executor is our brother ,we has lied he have received 2.7 of property out of 8.19 now is 5.19 me an my sister belongs to split 5.19 a and if we sell he between a third because his name is on the deed ,need help

In the US and the UK a minor child's next of kin is her parents. It doesn't matter whether they are married and the law favors neither one. See the related question for a more detailed source for inheritance from intestate estates.

Yes. The attorney-in-fact should turn over any account information, statements, check books, etc., to the executor or administrator. And yes, you are legally accountable for any funds you spent while you had power over the decedent's estate as their attorney-in-fact. If you are accused of self-dealing then you will need to prove that every expenditure you made while attorney-in-fact was for the sole benefit of the principal. Their death doesn't shield you from accountability. If you refuse to co-operate you can be sued.

Certainly! A life estate means he can use the property as he desires as long as he lives. That includes renting it out to others. It usually goes for a lot less then a normal rental, because it would end at the death of the life estate holder.

A Power of Attorney is only effective while the principal is living. Once the principal (the person who appointed an attorney-in-fact under a POA) dies the POA expires immediately and a new fiduciary must be appointed by the court to settle the estate. The court must appoint an Executor if the decedent left a will or an Administrator if the decedent died intestate (without a will).

An executor must follow the provisions in the will and for any property not distributed by the will must distribute it as intestate property according to the laws of intestacy. An executor does not have discretionary power of distribution unless that power was specifically granted in the will. An executor is personally liable for any acts that go against the will or violate the law.

Yes. However, you should discuss your plan with an attorney and note that by making a transfer of your interest you will extinguish the survivorship aspect of your ownership. If the other tenant dies their interest will pass to their heirs and not to you as the surviving joint tenant.

No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.

No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.

No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.

No. Property passes by Will or by the laws of intestacy in the jurisdiction where the property is located. You can check the law in your jurisdiction at the related question link.

Robberies should be reported to the police immediately.

Robberies should be reported to the police immediately.

Robberies should be reported to the police immediately.

Robberies should be reported to the police immediately.

The beneficiaries are entitled to an accounting to make sure the trustee is not wasting the trust assets.

yes they can, hence "salary"

To remove an executor from an estate a petition must be filed. Then there has to be reasoning provided either ineligibility or misconduct. All this must be provided to file in order for a representative of court to review and make a decision.

An executor who fails to act properly should be reported to the court immediately, removed and replaced. You should be prepared to provide the court with evidence of the misbehavior.

That depends on whether you consented to the mortgage. If you signed the mortgage you transferred your life estate to the bank during the period the mortgage was unpaid. If the mortgage went into default the bank can take possession of the property and wipe out your life estate.

If you did not sign the mortgage the bank would take possession of the property subject to your life estate and your right to the use and possession of the property would continue.

They have rights if the step grandparent left a specific gift in their Will. However, if not mentioned in a Will they have no legal rights in a step grandparent's estate.

Yes. Probate may be avoided as to the accounts in question by putting another person on the account. Other assets, such as real estate, may go to probate however. This answer applies only to the accounts mentioned.

I caution you not to do this, however. If you put another person on your account, they become a joint owner. This means they can access your property. Worse yet, their creditors can access your property if they get into financial difficulty or get divorced. Your account could be at risk.

It is better to set up a pay on death account or otherwise name a beneficiary for the account to take place upon your death. While this is better than a joint account, there are still potential problems. What if your named beneficiary dies before you? Your account will be back in probate. As account values rise and fall, you may end up with a smaller gift to the beneficiary than you wished.

Without knowing the value of the accounts in question and whether or not there are other assets to consider, it is difficult to give specific personal advice. For specific advice, you should consult a local licensed attorney. My usual recommendation is to set up a revocable living trust in order to avoid probate, however if the estate is small, that may not be needed.

The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.

The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.

The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.

The only way for a life estate to be "undone" is for the life tenant to sign a deed releasing their rights in the property to the fee owners. The deed must be recorded in the land records. Otherwise, the life estate will not be extinguished until the death of the life tenant.

If you live nearby, you can visit the probate court where the will is filed and obtain a copy. Once a will has been filed it becomes a public record. If not, you can contact the court to determine how to obtain a copy by mail. Most courts are very helpful with requests for copies. You can find the court by doing an online search using the county, state and add "probate court".

Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.

Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.

Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.

Yes. The "other co-executor" has no reason nor right to withhold the check from being included in the estate unless it was payable upon death to another individual who is named on the check.

You could start by speaking to his doctor to see if the doctor could write an affidavit stating his opinion of your father's legal capacity at the time he wrote the will. You could speak to friends, family members and neighbors to see if anyone believes and is willing to testify in court that your father no longer had an intellectual grasp on what he owned, what would happen to his property when he died and if he could easily identify his children. See the link provided below.

In order to "claim" any property of a person who is deceased you would need to have legal standing under the laws of intestacy of the state where the decedent lived. You can check your status at the related question below. Check at the county courthouse probate court to see if anyone probated the estate of the decedent. If there is a file, get the name and address of the estate executor and inform the executor about this matter. If there is no file, then if you are a closely related family member you can open up probate and then receive a document called letters testamentary which you will present to the unclaimed property office to claim the funds. See my bio if you need further assistance.

The executor of an estate has the authority to oversee all of the deceased personal and financial matters, including correspondence. It is illegal for anyone other than the addressee or someone appointed to oversee the addressee's affairs to open said person's mail. The person(s) engaging in such an act should be informed they are violating the regulations of the probate court and the U.S. Postal Service.

Legally nothing, assets of a deceased's estate cannot be distributed to heirs until probate procedures are finalized. The executor/attorney has no obligation to kee beneficiaries informed of the proceedings unless they are needed to corroborate information (such as a deposition) or when probate is concluded and remaining assets can be distributed as pursuant to the instructions of the will. If the person died intestate, the state probate laws are followed in partitioning off remaining assets after all debts, taxes, legal fees and so forth have been paid.

If it was given to the child, then no.