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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
Can a person appoint themselves Power of Attorney when there's four other adult children?
No. No one can appoint themselves as an attorney in fact. That can only be done voluntarily by the principal while they have legal capacity.
No. No one can appoint themselves as an attorney in fact. That can only be done voluntarily by the principal while they have legal capacity.
No. No one can appoint themselves as an attorney in fact. That can only be done voluntarily by the principal while they have legal capacity.
No. No one can appoint themselves as an attorney in fact. That can only be done voluntarily by the principal while they have legal capacity.
How can i find all of the parcels of land that my dad owns?
Generally, you would research the land records in the county where your father lives. You would work backwards from the present checking his name in the GRANTEE index. The grantee in a deed is the person who receives the property. You need to keep going back in time (in the grantee index) to a reasonable point when he would have first acquired property. If you think he owns property in any other counties you must repeat the process there. A person can also inherit property. To find inherited property you would check the probate records for estates of your grandparents or any siblings or other relatives of your father who have died and may have left real estate to him in their estates.
What recourse do the beneficiaries have if the executor does not distribute the funds?
The answer depends on the laws of the state where the probate took place; however, every state has laws for beneficiaries to force distributions after giving executors some reasonable time administer the estate. After all, before executors can distribute to beneficiaries, all funeral, administration expenses, estate and inheritance taxes (if any) and legitimate debts of the decedent are paid in full. This takes time. As an example of remedies available to beneficiaries in this situation, New Jersey law provides that if a beneficiary is given a specific dollar amount in the will, that amount has to be paid within one year of probate or it will carry an additional 4% interest for the beneficiary. Also, if the beneficiary chooses, he/she can bring an action in probate court on an order to show cause to force the payment. If the beneficiary is entitled to all or a percentage of the net estate available for distribution, the beneficiary can file an action in probate court on an order to show cause to compel the executor to file an accounting and compel distribution. If you have to go to court this way, you probably can do it yourself, however it is better to get a lawyer, who may be able to force payment with a well worded letter, rather than going to court. If the money is given to a trust for your benefit until you reach a certain age and you have not yet attained that age, then the executor will not and cannot distribute anything to you individually. It must go to the trust. If you are a minor, the executor will not and most likely cannot distribute the inheritance to you directly since you are not an adult. The executor will have to distribute the inheritance to a duly appointed guardian, unless that state's laws permit some other distribution. In New Jersey, an executor cannot distribute monies in excess of $5000 even to a parent unless that parent becomes a legally appointed guardian in the probate court where the minor resides, not where the probate took place.
Probably not, but your local probate attorney will know for sure.
what are my rights as a trust beneficiary? Possibilities; Note that a trust can be otherwise impossible to break (especially spendtrhift). 1. if trust purprose is no longer valid. 2. judicial order for cause. 3. spendthrift - prove to trustee that you can handle $$. 4. spendthirft - when & If you have more $$ or asssets than the spendtrhift 5. Lump sum or other distributions that get the trust down to unmanageable low levels thereby making the trust invalid or too expensive to manage.
How do you get title to property inherited by will?
First, the estate must be probated in order for legal title to pass to you. Probate records form part of the public record and your title is established there. Once the probate process has been completed you can ask the attorney who handled the estate to draft a new deed in order to get the record title in your name in the land records.
In a non revocable trust can your spouse be the trustee without negating the protection of assets?
You should direct all trust questions to an attorney who specializes in trust law in your state. Any trust must be drafted by an expert. The only foolproof way to protect assets from taxes and creditors is an irrevocable trust. An irrevocable trust only works if it is drafted properly. You should shop around for an expert is estate planning with a good reputation.
That situation should be reported to the court immediately and the executor should be required to correct their error in the distribution and file an amended account.
Can the remainderman of a life estate be a brother and sisters?
Yes. That is often the case.
Yes. That is often the case.
Yes. That is often the case.
Yes. That is often the case.
How does a principal know that a POA has been activated?
Most of the time they don't know unless they have a close relationship with their attorney-in-fact and the AIF only acts upon their request. A POA grants sweeping power over all your property. The principal should always monitor their AIFs activities.
What if myself and other siblings are heirs of mother's estates and one sibling try to take over?
Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.
Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.
Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.
Your mother's estate must be probated in order for her property to pass to you legally. You should consult with an attorney who can handle the estate and also act as your gatekeeper to keep your pushy sibling at bay.
No. A life estate holder does not own the real estate and therefore cannot execute any deeds regarding the property. A life tenant only has the right to the use of the premises for the duration of their natural life.
No. A life estate holder does not own the real estate and therefore cannot execute any deeds regarding the property. A life tenant only has the right to the use of the premises for the duration of their natural life.
No. A life estate holder does not own the real estate and therefore cannot execute any deeds regarding the property. A life tenant only has the right to the use of the premises for the duration of their natural life.
No. A life estate holder does not own the real estate and therefore cannot execute any deeds regarding the property. A life tenant only has the right to the use of the premises for the duration of their natural life.
How do you gain power of attorney of your dads estate without a power of attorney?
A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.
A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.
A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.
A power of attorney is executed by a living person who wants to appoint an agent to act for them. If your father is deceased you need to petition the probate court to be appointed the estate representative.
If your dad conveyed his condo to you by deed and reserved a life estate for himself then he can use and occupy the condo during his natural life. The life estate will be extinguished upon his death or if he relinquishes it to you by a deed of release before then. His wife has no interest in the property.
What is the difference between U.S.case law and English common law?
Generally speaking, common law is a system of laws that originated in England that is based on judicial decisions and customs rather than on codified written laws. Case law is based on judicial decisions and precedent rather than on statutory law. The judicial decisions in cases become the body of common law in England AND the United States. When an attorney must rely on common or case law in a certain legal action that common or case law must be researched to make certain it wasn't changed in a later decision. Early common law is the source for many of our codified laws.
In New York State does a will need probate if total assets are less than a certain dollar amount?
If you have a will, it needs to be probated. Otherwise there could be legal reprocussions later on regarding debts and real property ownership.
If a spouse leaves everything to a spouse do you have to probate the will?
If the decedent owned any property in his own name the estate must be probated. If all the property was jointly owned then full ownership passed to the surviving spouse and there is no need for probate. If you are unsure you should consult with an attorney who can review your situation.
The grantor executes the deed. Once it has been properly executed and delivered the grantor no longer owns the property. If the grantee doesn't record the deed in the land records they are creating a title defect that will be costly to clear up if the deed should become lost. Grantees who don't record their deeds are foolish in not taking advantage of a system that would defend their title to land against the world. An unrecorded deed robs your rights and the rights of your heirs to the absolute ownership of the land. On the other hand, if you mean what happens to a properly executed deed if the grantor hasn't signed it- it is worthless if not fully executed by the grantor.
Only if the lien was paid through the settlement of your mothers estate. If you don't know if the estate was probated, check with the probate office in the county she died in to see if anything was filed.
AnswerAn IRS lien would not have anything to do with back child support. It would only have to do with back taxes. If your mother was not liable for those taxes to begin with, then the lien should not have attached to that property (even if it was listed at that address for him, it did not legally attach if he does not have an ownership interest in the property). If that were the case, all that you need to do is get a Certificate of Non-Attachment from the IRS.
If she was, in fact liable for the taxes, the lien will need to be paid by the estate before it will be removed.
Can you still get half the estate if your California marriage is annulled?
No. A civil annulment provides that there was no valid marriage in the first place and the parties are free as if they were never married. Therefore, they have no legal claim to the other's estate.
An ecclesiastical annulment in itself does not dissolve a marriage. It must be followed by a civil divorce.
No. A civil annulment provides that there was no valid marriage in the first place and the parties are free as if they were never married. Therefore, they have no legal claim to the other's estate.
An ecclesiastical annulment in itself does not dissolve a marriage. It must be followed by a civil divorce.
No. A civil annulment provides that there was no valid marriage in the first place and the parties are free as if they were never married. Therefore, they have no legal claim to the other's estate.
An ecclesiastical annulment in itself does not dissolve a marriage. It must be followed by a civil divorce.
No. A civil annulment provides that there was no valid marriage in the first place and the parties are free as if they were never married. Therefore, they have no legal claim to the other's estate.
An ecclesiastical annulment in itself does not dissolve a marriage. It must be followed by a civil divorce.
Grave sites are typically public accessible areas. You can't prevent someone from visiting them as long as they aren't vandalizing the site or causing trouble for people that are visiting. But bottom line, why would you care? I care as they are removing things that we put on in favour for their own, i have a 6 yr old daughter who gets very upset as do i.
If your grandparents died without leaving wills then their property will be distributed as intestate property. Every state has laws that dictate how intestate property must be distributed. If your parent on that side of your family is living your grandparents' property will pass to them. If that parent is deceased the property will pass to you.
You can check the laws of intestacy for your state at the related question link provided below.
What if executor refuses to file an accounting in 9 years?
This could be ground for an action for removal of the executor. A personal representative, whether an executor of a will or a trustee of an estate, may be removed for failing to meet the responsibilities of the position. Any interested person can petition to remove an executor. An interested person is usually any present or future beneficiary or creditor who has a stake in the estate. The petition for removal may be combined with a request for appointing a new, alternative personal representative.
