Estates

It will depend on the specific trust. Many have a clause or two about when the trust can be closed.

A person who dies without a will is said to have died "intestate". Most locations have legal provisions specifying the proper distribution of the assets of those dying intestate, anyone who believes they have a legal right to a portion of the estate based on those provisions can file a claim.

No, neither a holographic will or codicil should be notarized, have anyone's signature other than the testator, and can not have any mechanical printed parts.

No. If the person who owned the land granted a life estate and conveyed the fee to the remaindermen then that person has transferred all her interest in the property. She no longer owns it.

The executor should contact the insurance company and notify it of the death of the owner of the policy.

Absolutely not. If they try they should be reported to the court immediately and removed.

Absolutely not. If they try they should be reported to the court immediately and removed.

Absolutely not. If they try they should be reported to the court immediately and removed.

Absolutely not. If they try they should be reported to the court immediately and removed.

The court where the lawsuit is filed must have jurisdiction. One of the persons in the lawsuit must either reside there, or the cause of the lawsuit had to occur there.

In New York State, probate matters are generally handled by the Surrogate's Court. The Surrogate's Court in Erie County is located at Erie County Hall in Buffalo. For contact information and related court resources, see the related link.

yes

Generally yes. A life estate must be released by the written consent of the holder. However, life estates are governed by state laws and they vary from state to state. If the life tenant is causing waste or causing damage to the property you should discuss the situation with an attorney.

Generally, in order to refinance the property the owner of the property AND the life estate holder must both sign the mortgage. If you are only a life estate holder you cannot refinance the property. A lender will grant a mortgage to the owner of the property only and the life estate holder must sign their consent.

See related question link.

The law of estate administration is the body of law that controls the distribution of the estate of a person who dies without a will. Every state has its own code. Some countries have a national code. If you need more particular information you would need to search for your jurisdiction. For example by performing an internet search using your state and adding 'probate code'. The probate codes are much too broad to provide here.

You have asked a complex legal question. You should contact an attorney immediately who can review your situation and determine what your options are. There is a brief period during which claims can be made against the estate. The proceeds will be distributed once that period has passed. You should act quickly before the proceeds of the inheritance are distributed to your father. If you have proof of child support arrears you may well be able to attach and sieze the inheritance.

No. An owner of property can grant a life estate at any time to any person of their choosing.

No. An owner of property can grant a life estate at any time to any person of their choosing.

No. An owner of property can grant a life estate at any time to any person of their choosing.

No. An owner of property can grant a life estate at any time to any person of their choosing.

It means that the property has been given to someone in a deed. But the giver has reserved the right to use the property as long as they are alive.

Generally, an executor is in a fiduciary position and thus prohibited from using the assets of an estate for personal use. It should be reported to the court immediately.

Providing that all other requirements of law have been met, once the mortgage has been paid off and the clear title has been registered, you may give a house as a gift to whomever you want.

The executor must make a reasonable and diligent search for property. They cannot be "required" to find unknown property. The heirs and relatives should assist by notifying the executor of any property they have knowledge of.

You need to consult with an attorney in you jurisdiction who can research the laws of your state to determine what expenses and responsibilities must be born by the life tenant. The life tenant may be able to assign their interest to another person but the life estate would expire upon the death of the original life tenant. You need to speak with an attorney who specializes in real estate law.

The lack of a probate creates a cloud on the title. No one has legal title. The property cannot be sold or mortgaged until the title is cleared. The estate must be probated in order for legal title to pass to the heirs.

Generally speaking, the will is the governing document. Your question, however, is one which should initially be referred to the estate's lawyer. If you are not satisfied with the response from the estate's lawyer, you should consult another lawyer.

The grantor has no interest in the property once they convey it. Their death has no bearing on the question.

At the time of the conveyance the parties should decide what they want to happen to the property upon the death of any of the grantees. If they hold title as joint tenants with the right of survivorship, the interest of any co-tenant who dies automatically passes to the other co-tenants. If they hold title as tenants in common, the interest of any co-tenant who dies will pass to their beneficiaries under their will or to their heirs-at-law according to the state laws of intestacy.

If the lien was against property owned by the mother it had to be paid in full, perhaps there was no money left after that was done. In regards to the "signing" issue, if the persons were not listed on the property title then there was no need for their signature(s). If the deceased held a lien against someone else's property that issue would have to be decided through probate. The best option would be to consult an attorney who is versant in probate/estate law. Most attorney's offer free or minimal fee consultation to explain legal options.

Open an estate. Consult a probate attorney for the intestacy laws in Maryland. The surviving spouse should inherit the bulk of the estate unless there are children involved, then it may be split.

Yes it is fraud and theft. The moment the authorized person died, so did the permission.