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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
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.
Does home insurance continue to the executor after a person dies?
The executor should contact the insurance company and notify it of the death of the owner of the policy.
Can a lawsuit against a defendant be filed in a different county?
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.
Where is probate court in Erie County NY?
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.
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.
yes
How do you refinance a life estate property?
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.
Do you have to live in house now to receive life estate?
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.
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.
What is Law of Estate Administration?
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.
What is a reservation of life estate deed?
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.
Should a solicitor notify beneficiaries if an executor owes money to the estate?
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.
Does executor of a will has to find unknown property of testator?
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.
Can you gift a house when the mortgage is paid off?
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.
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.
What happens if no one probates an estate?
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.
Does an executor have to honor a deathbed verbal bequest if the person is not named in the will?
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.
In the state of Maryland what do you do when your spouse dies with no will?
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.
What is the importance and function of residuary clause in a will or other testamentary instrument?
There's an old saying about real estate: "the fee must always be someplace", meaning there must always be an identifiable owner.
A residuary clause is something like a "default" clause that if NOBODY else is to inherit property, it still goes SOMEPLACE.
In a will or any testamentary instrument, if the person making the will ("testator") or other instrument ("grantor" of a trust or other such instrument) dies and all the people who were supposed to inherit have already died, have no children of their own and the instrument is otherwise defective because it doesn't "shift" inheritances to other living people through a "per stirpes" or similar designation and there are no other heirs at law (parents, grandparents, siblings, etc.) and the will does not have a "residuary" clause saying who gets the estate almost like a "default" inheritor (it could be a charity and even if the specific charity no longer exists then a court could appoint an alternate charity), then it is possible the estate will "escheat" or default to the STATE and be lost forever!
AnswerA residuary clause is important because it controls the distribution of the residuary estate.A person's residuary estate is any property remaining after all debts, taxes, expenses, and specific bequests and devises have been fully satisfied. It may consist of property the testator owned and didn't devise under the provisions of the will, property that comes into the estate after the death of the testator such as insurance proceeds, refunds, court settlements, assets the testator forgot to include in the distribution, legacies that have lapsed or assets the testator may have acquired afterexecuting the will. It is a catch-all category that may include a considerable amount of property in many cases.
The residuary clause is important because it directs how the residuary estate will be distributed. If there is no residuary clause included in the will the residuary estate will pass to all the heirs at law as intestate property according to the state laws of intestacy as if there was no will.
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 ownership of property to another as a gift. What you described is a life estate. A life estate is the right to the use and possession of a property for the duration of the life tenant's natural life. A life estate does not confer ownership only an exclusive right to use.
If there were no conditions set forth in the grant of life estate then you need to check your state laws to determine the responsibilities and obligations of the life tenant.
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 ownership of property to another as a gift. What you described is a life estate. A life estate is the right to the use and possession of a property for the duration of the life tenant's natural life. A life estate does not confer ownership only an exclusive right to use.
If there were no conditions set forth in the grant of life estate then you need to check your state laws to determine the responsibilities and obligations of the life tenant.
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 ownership of property to another as a gift. What you described is a life estate. A life estate is the right to the use and possession of a property for the duration of the life tenant's natural life. A life estate does not confer ownership only an exclusive right to use.
If there were no conditions set forth in the grant of life estate then you need to check your state laws to determine the responsibilities and obligations of the life tenant.
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 ownership of property to another as a gift. What you described is a life estate. A life estate is the right to the use and possession of a property for the duration of the life tenant's natural life. A life estate does not confer ownership only an exclusive right to use.
If there were no conditions set forth in the grant of life estate then you need to check your state laws to determine the responsibilities and obligations of the life tenant.
Can a person who has been charged with a felony but not convicted be executor of and estate in NC?
Yes, a person who has been charged with a felony but not convicted of the crime can be the executor of an estate depending where that person is in the legal process. A person who has been charged with a felony is considered innocent until proven guilty.
