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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
Your primary problem is that two heirs want to sell the property and two do not. A loan from a bank won't address that problem. The bank won't "buy out" your inheritance for you. If you borrow on your inheritance you must pay it back.
First, when real property is included in an estate, the estate must be probated in order for title to the property to vest in the heirs. The estate should be probated with the guidance of an attorney who specializes in probate. In the primary stages of this type of dispute the estate attorney may be able to help the parties reach an agreement by explaining the rights and the options of the beneficiaries. The two beneficiaries who want to keep the real estate must make a reasonable offer to buy the others out. If the parties cannot reach an agreement at this level then the two who want to sell must bring a petition to partition to force a sale.
When land is under co-ownership of two or more people any owner can file a Petition to Partition in the appropriate court. The court has the power to divide the land, if that is feasible, such as when there are multiple tracts or a single large tract. If dividing the land is not feasible then the court will order a sale and the net proceeds are divided according to each owner's interest after the costs and expenses associated with the partition have been deducted. The parties who want the land sold would need to be represented by their own attorney for the partition proceeding.
The court costs and legal fees associated with a partition can be very expensive and those costs will be equally shared by all the parties by being deducted from the proceeds of the sale. That reality should be the motivation for the parties to negotiate a fair resolution before the situation escalates to a partition.
Can executor transfer property to estate account?
If they have been duly appointed by the probate court they have been granted the authority to settle the estate under the supervision of the probate court. They have the power to close accounts and manage an account for the estate.
A probate registrar handles the administration of all informal estate proceedings. They advise the legal preparation of all documents, but may not give legal advice.
How do you know that a poa has not had the will changed?
A POA does not give the attorney-in-fact the power to change a will. A will signed by an attorney-in-fact would be invalid. A will must be signed by the testator.
They may be entitled to some assets but it is not a certainty. When a person dies intestate (without a will) the state probate succession laws apply. All assets, property and debts of the deceased are entered into probate. All creditors are notified by the appointed executor or executrix of the probate filing. Creditors have a period of time as specified by state law to file a claim against the estate. No assets or property will be distributed until all debts and taxes are paid according to their priority and to the extent of the available assets. Once debts have been paid, any remaining assets and all exempted assets and property will be distributed to surviving family members. The general succession rules are, the surviving current spouse and her children, then the biological children of a previous marriage(s), the parents of the deceased (if applicable)and so forth until the estate is depleted. The issue of unpaid child support is not likely viable unless there was a court order and the state chooses to make a claim against the estate for repayment of any public assistance that was received by the minor children. Any "interested party" has the legal option of contesting a will but not probate succession law. The only option if the adult children are not included would be for them to file a suit against the estate in the appropriate court.
How can you obtain clear title for property from a tax sale?
The state's court of equity or the state court which handles such proceedings over clearing property titles under such circumstances.
Contacting the land recorder's or assessor's office in the county in which the property is located will help obtain the information needed.
You'll need to make sure the house is in your name before you sell it. Then, interview a few real estate people. You can get names from friends who have used them, or use someone whose name you see on the neighborhood for sale signs. They can tell you the small things you'll need to do to make the house saleable. Do those, and then hire one of them. This may cost you money in commission (5 to 7%, may be negotiable). Otherwise, you can go to one of those "sell by owner" places and they will help you for less money. The final choice is to go directly to a title company and they will handle the closing transaction for you and your buyer. A real estate agent told me once that it is always worth trying to sell it on your own for 3 weeks before signing with a real estate agent. However, if you haven't gone through the process before, the easiest is the real estate agent.
What if executor never divided the will asets?
If the executor never divided the assets, find out why and give your definition of never. Frequently, assets are not divided for a period of 9 months or a little more. If the executor has given the final report to the probate court and then does not divide the assets, you may have a reason to complain. After you have checked with the executor, you might need to check with a lawyer.
How do I find someone's probated will free of charge?
You can travel to the probate court where the decedent died and check the index to see if a probate was filed. Take a notepad and pen with you (and a camera if you have one to photograph the documents). If a probate was filed you can request to see the file and make notes of any documents in it.
What Life estate is measured by the life of a person other than the life tenant?
In NC if the life estate person moves out does that break the life estate so the remainder of the owners can sell the the house and land
What is another name for estate of inheritance?
Another name for an estate of inheritance is FEE SIMPLE.
In contrast, a life estate is not an estate of inheritance because it does not pass to one's heirs at death.
What is a sole residual beneficiary?
The residuary estate is everything not specificallymentioned as gifts. The sole residual beneficiary is that person named in the Will to receive the residuary estate.
You must consult with an attorney in your state. Generally, the life tenant is legally responsible for the property taxes but state laws vary.
How is one granted a motion of continuance for a pretrial conference?
Pre-Trial conferences are generally not THAT legally constrained. Giving good reason why, simply ask the other side if the conference can be set off to a later date. If the pre-trial conference was ordered by the court to take place on a specific date - submit a motion to the judge who ordered it, and (as above) give good reason why.
Can a fiancee file to be the administrator of the estate for her fiance if he died without a will?
In Canada if someone does not leave a Will any properties or monies can be left to government. In some cases if you seek out the advice of a lawyer you may have grounds to stop this action. This is why it is so important that people have Wills.
Unless your fiance' named you in his Will as Executrix or you had Power of Attorney there isn't much you can do. The reason for this is, you are not legally married and he could well have wanted anything he owned to go to his family such as siblings.
It is best to seek out legal counsel to see what your options are. If you lived together for more than 6 months you may be entitled to some or all of what he has left.
AnswerShort answer - yes! The government does not take your assets if you die without a will. State law decides who gets your assets! If there is no will, there is no executor, so the person appointed by the court to administer the estate is called the administrator. This does not mean that the finacee will get anything, but she can file to be that person. Clarification:It depends on the laws in your jurisdiction. In some states the fiance could not seek appointment as the administrator so you would need to check your own statutory provisions regarding the administration of intestate estates. She is not "kin" to the deceased.In my state the person who can petition to be the administrator of an intestate's estate is as follows:
1. surviving spouse, if none then 2. next of kin or their guardian, if none then 3. the principal creditor, if none then 4. the commonwealth- a public administrator
Also only if a person dies leaving no next-of-kin does the estate "escheat" to the state.
Generally the property owner is responsible for repairs or improvements done even if they were not the one to enter into the contract. In this case the person owning the property seems to have been aware that maintenance or improvements were being done, therefore they are responsible for the cost incurred.
AnswerFirst, if the quit claim deed was not filed you may not be able to protect the home from your mom's debts. If that was your intention you should have recorded the deed at the county recorders office back then.Second, the work was performed on the house and as such falls under the states Real Estate laws. If you refuse to pay the debt the contractor/handyman or other technician can certainly go after the current owner of the house, since work was performed with full expectation that he/she would be paid.Refusing to pay the debt could end up dragging you into court. Just pay it, whoever did the work is entitled to be paid for his/her labors, and that's exactly the way the court will see it.Failure to pay the debt could end up with a property lien being placed on the house. After that the house could be sold at auction right out from under you to pay for the lien.Don't mess with this one. You'll loose.If no executor fee is stated in the will does the state assign one?
Yes it is. Most people don't put a % for a fee for all the work the Executor/Executrix has done. It really should be put in a Will (I have it in mine.) In Canada you can charge from 1% to 5%, but if you go over 3 1/2% it may go to court first. Marcy
While ownership laws vary from state to state, generally property owned as joint tenants with right of survivorship can be tranacted by either party unless the deed specifies the need for dual approval, similar to a joint checking account needing only one signature on a check.
If you suspect the cause of death how long is the statute of limitation to investigate the death?
Generally there is no statute of limitations for murder. A death can always be investigated if there is new information or evidence available.
In the United States
Mineral rights are attached to and run with the real estate. Although equitable title to real property passes to heirs immediately upon death, generally, the estate must be probated in order for legal title to pass to the heirs. That means the heirs cannot legally sign a deed or contract to sell or lease mineral rights until the estate has been probated.
What is the definition of escheat?
Escheat is the legal process by which title to property reverts to the state when a decedent has no legal heirs to claim it.
Yes.
Civil court.
Actually the first step would be to contact a lawyer and have them write a notice of demand to produce the required paperwork. In that letter state a reasonable time period and make it clear that if the papers are not produced at the end of that time period they will be sued for pertinent damages.
Civil court will allow you to sue for the amount in cash for which you have been damaged by the persons actions. This includes the legal fees for the lawyer who wrote the letter and the cost of filing the lawsuit. Beyond that you will need to determine the actual value of what this person is holding back from you.
Note that you cannot sue for time lost from work to appear in court and abstract damages such as emotional pain are rarely awarded. You will need to document actual cash values that you have lost due to this persons actions.
If the person is smart they will simply turn over your copies without going to court.
Be sure that when you send them the notice of demand that it has been notarized and sent in a way that allows tracking so that you can prove it was delivered (preferably signature delivery).
If forced to take this to court you want to be able to show the judge that you have attempted to be reasonable and that this person has refused to cooperate in legally turning over paperwork that you require and have a legal right to obtain.
Also make it clear to the judge that you view civil court as a last resort and that you would prefer the papers be turned over along with only the out of pocket expenses in damages paid (cost of court, cost of lawyer to write document) and that any additional damages you list were the theoretical damage that could be caused by this person not handing over the documents (such as whatever share of the trust should have been yours to administer)
Im afraid legal action is the only path to force someone that is not being rational or reasonable.
Added: SIMPLE ANSWER: Notify the Probate Court of your difficulties with your co-executor. The court will deal with the matter and resolve the situation.
Yes! Income in respect of a decedent must be included in the income of one of the following: * The decedent's estate, if the estate receives it; * The beneficiary, if the right to income is passed directly to the beneficiary and the beneficiary receives it; or * Any person to whom the estate properly distributes the right to receive it.
