Estates

If there are any debts associated with the deceased, or they own any real property, it is to the benefit of the family to go through probate. This will insure that accounts are settled and shouldend any attempts by creditors to collect if there are no monies. It also insures that there is clear title to any vehicles and property.

A life estate holder has the right to the use and possession of real property for the duration of their natural life. They do not own the property but the property cannot be mortgaged or sold by the fee owners without the consent of the life estate holder. The life estate is extinguished when the holder dies.

Absolutely she can.

Everyone is so against pre-nuptual agreements when the fact of the matter is, if you don't have one, you agree to the Pre-Nuptual that is set up by the state in which you marry/divorce.

You entered into a legal agreement (aka contract) when you married. Marriage is the only contract people enter into without reading it first.

I guess that pre-nuptual isn't such a bad idea now is it? Sorry, buddy. She's probably got a good lawyer and she can go after anything you have. Look before you leap next time. is it not considered non marital assetts ?? - john

The trust should list a successor trustee. If it doesn't, then will likely need to file a petition with the court to name a new trustee.

If there was no survivorship created in the deed you should check with an attorney in your area who specialize in real estate law and probate law. Some states presume a survivorship interest between legally married people. In other states the default tenancy is tenants in common. In that case, the half interest of the decedent would pass according to the terms of his will or the state laws of intestacy if there is no will. The rules are different in a community property state.

A will must be filed so that the Executor and a Probate attorney go to the local court house and swear in to follow the guidelines set forth in the will as governed by the county and state. The will is public record and is filed as such. Being public record it is available to everyone. This allows anyone that is owed money to claim that debt from the estate.

Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.

Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.

Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.

Yes. The decedent's estate is responsible for their debts whether or not there is a will. The debts must be paid from the decedent's estate before any property can be distributed to the heirs. The creditors can file a claim against the estate for unpaid bills.

was there any OLD LAND IN EXETERS WILDFLOWER VILLAGE

If you mean how do you sign estate chacks as the executor, you sign your name as usual, then add "Executor of the estate of..." Like this: " John Smith, executor of the estate of John Doe." Be sure to add that designation especially when signing contracts on behalf of the estate, so you do not unintentionally obligate yourself personally on something.

Note that, as with many U.S. States, a Texas-based will is not required to be filed with any local or State office. Regardless, as with most legal matters, the living relatives should seek the deceased's legal representative, who may know of a will duly recorded and on file with the local authorities. If the deceased had no attorney, it is possible that a will was placed on file by the deceased at his/her town hall and/or probate court and/or some other local government office. Note that even if a will is found, it may not be the most recent one nor may it be valid (it is too complicated to discuss, here). In such cases, or if a will cannot be found after a diligent search has been made, a judge would need to decide the fate of the deceased's estate in probate court. Again, the living relatives should hire a lawyer to find the will, if it exists, and/or arrange for a probate hearing. The State of Texas link, below, gives excellent information concerning wills and probate, but it is based on the body of Texas law, and, as such, may not be understandable to the average layperson.

The very last up-dated Will is the one that applies. People can change their minds all the time when it comes to Wills. Sometimes something happens between themselves and their children and they may leave one or more children out of their Will. You have no recourse, but go by the last Will unless you can prove the deceased was not of sound mind when signing the latest Will. I would advise you to seek legal council on this so you are sure of your rights. Good luck Marcy

Yes. You could make a change in the executor by using a codicil. The codicil should take the same form as the will with the same number of witnesses and with an acknowledgement. You should state clearly your intentions by declaring that you intend to strike the article that appointed the executor and substitute a new article naming the new executor. You should have the change supervised by an attorney.

A gift deed is a deed in which the consideration is not monetary, but is made in return for love and affection. It is a document which transfers property to another as a gift and must be recorded in the land records.

A gift deed is a deed in which the consideration is not monetary, but is made in return for love and affection. It is a document which transfers property to another as a gift and must be recorded in the land records.

A gift deed is a deed in which the consideration is not monetary, but is made in return for love and affection. It is a document which transfers property to another as a gift and must be recorded in the land records.

A gift deed is a deed in which the consideration is not monetary, but is made in return for love and affection. It is a document which transfers property to another as a gift and must be recorded in the land records.

If the property was owned by the parents with a right of survivorship then title passed automatically to the surviving spouse bypassing probate. In that case the property is the sole property of the surviving spouse. She can convey it to anyone she chooses or she can leave it in her will to whoever she chooses. That property is not under the control of the executor.

You need to review the provisions of any particular trust in order to find your answer. Each trust is managed according to the provisions chosen by the person who created the trust. Many trustees can only act at the direction of the beneficiaries. You need to look for that language in each trust document.

In community property states, absent a will or beneficiary designation different(and even this might not be enforceable if the wife did not sign). Everything goes to the surviving spouse. Hopefully she likes the children.

I am not an attorney but I did go to a Holiday Inn Express today.

You need to review the provisions of the trust document.

You need to review the provisions of the trust document.

You need to review the provisions of the trust document.

You need to review the provisions of the trust document.

Only by the death of the life estate holder or by their release of the life estate by deed to the fee owners.

The probate code for any state is too long to reprint here. You can research what you want to know at the link below for Title 19 of the Mississippi Code which addresses Trusts and Estates.

Just click on the link and then on the chapter you're interested in and read the text.

When a will gives the "all household goods" to several people as a group or if the will simply gives the entire estate to several people as a group, the household good must be divided by consent of the members of the group. This is because that type of transfer gives all members of the group an equal ownership interest in every single item. Thus, no one person has a right to any one item. Some wills do not dispose of individual items, but instead give the executor some power to make the distribution in an equitable manner to avoid litigation. If the beneficiaries cannot come to an agreement and if the executor has no power to make the division, the matter will wind up in court with the items sold probably one by one to the highest bidder.

I feel the executor has full power over the heirs! Implead into the probate proceedings started up by the executor and question the anomalities you have seen or apprehend. Whatever be it, remember that the executor is the legal representative of the deceased for all purposes, and all the property of the deceased vests in him as such. Therefore before going into a protracted legal battle, it would be best to question the executor in a private fashion; through common known friends; through the church; whatever means other than adversarial proceedings through the court. Just because, the executor is appointed by the deceased, effective from the date of death of deceased, and if you blow your cool and unnecessarily, even unwittingly antagonize the executor, you waste time, and a lot of time in meaningless philanderings in court proceedings. This should be always avoided. Approach; Question; Argue the matter; Compromise; Settle (whether it is even to a minor loss); but close the matter at the earliest. Take what is your bequest; invest it sensibly; and continue your life outside the court. Or you will see a living hell of court, within your life.

He doesn't have the legal right to have anything to do with his ex-wife's funeral unless she expressed that right in her will after the divorce. If not, that right belongs to her legal next of kin, children then parents then siblings.
Of course not. If he is the executor of a current will he has a better chance.

Defining timely is going to be the issue in this case. An executor has a duty to be thorough and complete in what they do. They must provide a full accounting to the probate court.

The life estate normally gives the individual the rights to all the benefits of the land until their death. That would include any bonuses or other income generated by the property.