Estates

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.

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.

The address of the trust is usually the address of the trustee. To find the address of a trustee, you may have to contact a local probate court to see if Letters of Trusteeship have issued out of that court. If so, the address of the trustee will be on record for you to obtain. You will probably have to do some detective work to find out which probate court is involved. Sometimes private trusts are not recorded in any probate court, but are simple trust agreements. In such a case, it might not be possible to locate the address of the trustee.

If you are an interested party you can file an objection when you are notified by the court that someone has petitioned to be appointed the administrator. You must state your reasons why that individual should not be appointed. Not liking them is not a good enough reason. The court will review the objection and render its decision.

If you are an interested party you can file an objection when you are notified by the court that someone has petitioned to be appointed the administrator. You must state your reasons why that individual should not be appointed. Not liking them is not a good enough reason. The court will review the objection and render its decision.

If you are an interested party you can file an objection when you are notified by the court that someone has petitioned to be appointed the administrator. You must state your reasons why that individual should not be appointed. Not liking them is not a good enough reason. The court will review the objection and render its decision.

If you are an interested party you can file an objection when you are notified by the court that someone has petitioned to be appointed the administrator. You must state your reasons why that individual should not be appointed. Not liking them is not a good enough reason. The court will review the objection and render its decision.

An executor's deed is a deed executed by the executor of an estate when the executor conveys the real estate owned by the decedent. The executor must have the authority to convey. Laws vary but generally, if the authority is not granted in the will then the executor must petition the court for a license to sell real estate. Unless the executor has authority under the law, in the will or by a license their deed would be null and void.

No. The funds belong to you. Payable on Death accounts are not a probate asset. The funds will be paid directly to you by the bank. To collect the funds, you need to obtain a copy of the death certificate and take it to the bank. You must show whatever identification the bank requires. You should obtain an official statement from the bank stating the balance that was paid over to you. You should keep that statement in your important records and provide the executor with a copy.

Although the account is not part of the probate assets the balance must be added to the assets of the estate for tax purposes. Therefore, all the executor needs is an official statement from the bank that shows the balance of the account that was paid over to you.

That will depend on the names on the property deed or registration. If we are talking about gifts of electronics or other items, there is none. If it is a piece of real property (land or house), the deed will control. If the only name on the deed is that of the deceased, the adult children have no say and the deceased can do what they wish with it.

Yes, there is a statue of limitations on probate in the state of South Carolina. As of 2014 this limitation is ten years.

The legal definition of an accidental death is when a person is deceased but not by any fault of another human being. An example of an accidental death would be: Mary was climbing a ladder to clean her gutters and fell and broke her neck and passed away.

==One Answer== There is no textbook definition for a "statutory estate" in the U.S. Perhaps you are referring to the statutory right of a spouse to waive the will and take a statutory share of the estate instead.

The Administrator of an estate must file an inventory listing all the assets and when the estate has been settled must file a final account that states where all the assets went. They are required to account for all money they spent or distributed. Therefore they cannot squander money from the estate. An administrator is subject to the provisions of the state laws that govern fiduciaries. They can be prosecuted for stealing from the estate or for wasting the assets. They are personally responsible for making restitution if they mishandle the estate assets.

You can go to the court and review the file. If they haven't filed an inventory or account then file a complaint with the probate court. An administrator who fails to perform their duties can be removed.

well after the age of 18 it is unlikely for them to be adopted even as a younger sister/brother. You could call her/him your younger sister/brother but it would not be official

Yes, it happens regularly, such as where a land owner donates a property to charity through a non-profit corporation, or donation of property to a municipal corporate entity, or less often where the founder of a company donates property to capitalize a new corporation.

Yes, if the grandchild (or guardian) decides it's best for you to vacate the premises. The house apparently never belonged to you or your husband, so his will or laws of intestacy for his estate do not apply to the house.

Yes. However, they may not be a good choice. Trusteeship is an office that requires a trustworthy, capable person who can manage trust funds to the benefit of the beneficiaries. If a person has mismanaged their own money to the point of bankruptcy they may not be a good choice for a trustee where they will be given complete control over trust funds.

Every thing will go to his wife if he has a will stating that it does. Otherwise, each state has it's own inheritance laws that can include parents, siblings and children.

Simple, simply offset their share against the loan.

Here's an example:

House $250,000

Cash and bonds - $150,000

Vehicle and goods- $50,000

Owed to debtors - [$ 50,000]

Owed by beneficiary - $50,000

Net value of Estate - $450,000

Each of the three would get $150,000 from the estate, but the one that owes money would get $100,000 in money and $50,000 in debt relief.

Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.

Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.

Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.

Not unless the executor is also a beneficiary of the property along with the others. The estate must be probated in order for title to be transferred to the heirs legally. You should consult with an attorney who specializes in probate law. An executor has no legal authority until they have been appointed by the court.

First you look for directions in the will for what should happen in that case. If the will is silent then you must follow your state laws regarding intestate property.

They have a fiduciary duty to preserve the value of the estate. A complete inventory and valuation of the assets must be completed. They must resolve debts and bills and pay all taxes due. Then they distribute the remainder according to the will or laws of intestacy. A full accounting must be provided to the court.

Yes, surviving family members are not responsible for the contract nor any outstanding debt associated with such. An exception MIGHT be a surviving spouse where the married couple resided in a community property state.

"who's responsible to prosecute?"

Do you mean: what government official would be involved in seeking criminal penalties against the estate administrator and/or the lawyer? As it says at the beginning of each "Law and Order" episode: the police would investigate and if sufficient evidence were found, the prosecutor/district attorney would handle a criminal prosecution.

Do you mean: who should a beneficiary contact if he/she suspects that the estate administrator has removed estate property for his own use? The beneficiary must file an objection with the probate court. Generally speaking, this would involve hiring an attorney with probate experience to handle the matter.

Do you mean: if a person who is not a beneficiary and he/she suspects that the estate administrator has removed estate property for his own use, what should they do? Two alternatives, are the beneficiaries competent adults? If so, report your the evidence to the beneficiaries - it's their call, not yours, what to do with the info. If they aren't, for example, young children, mentally handicapped, report your evidence to the probate court.

WARNING - accusing people of a crime is a serious business and can get you sued or worse. DON"T - say "Bob stole Grandma's car from the estate."

DO - say "I saw you driving what looked like Grandma's car in Centerburg and it is now parked in your driveway, please explain this for me?"

You can sue anybody for pretty much anything.