Estates

That depends on the nature of the mental health issues. The person must have legal capacity. More specifically, at the moment when they sign it they must be mentally capable of understanding what they are doing and the consequences of that action. They must file the objection or complaint in writing with the court. The court may dispose of the matter quickly or inquire further into the capacity of the complainant. Some people with a mental illness may be considered to have legal capacity and it may be up to the court to make a determination. If there is a question the court may want to contact the person's doctor.

No, it is not necessary or wise to distribute any copies of a will during the life of the testator. However, the executor should be informed of where the will can be found when the testator has died and the will must be probated.

I am a joint executor of a property that has been left to me and my sister in our mothers will.

Are we qualified to rent out this property on lease, without the need to transfer ownership.

It all depends on what the affidavit is for as to how it is worded, but IT MUST ALWAYS BE WORDED TRUTHFULLY! The word AFFIdavit itself is a clear indication that the preparer AFFIRMS that what they state in the doucment is the truth. Affidavits are usually documents on which the preparer is required to swear an oath to the truthfulness of.

No. Paying the taxes is their legal obligation and they may lose their life estate if they fail to pay. That action would provide the fee owner or remainders a reason to take the life estate to court for termination.

No. Paying the taxes is their legal obligation and they may lose their life estate if they fail to pay. That action would provide the fee owner or remainders a reason to take the life estate to court for termination.

No. Paying the taxes is their legal obligation and they may lose their life estate if they fail to pay. That action would provide the fee owner or remainders a reason to take the life estate to court for termination.

No. Paying the taxes is their legal obligation and they may lose their life estate if they fail to pay. That action would provide the fee owner or remainders a reason to take the life estate to court for termination.

In the event of your death whilst owing money to your creditor and when you leave an estate then the first thing to be sorted out from the estate are your debts which you owe at the time of your death and for the executor of your will to ensure that any monies owed to you by a third party is also collected in as your estate consists of your entire assests at the time of your death once all of your debts and monies owed to you are collected and paid out and what is left is then permitted and only then to be shared amongst the beneficiaries but your creditor is not permitted to take the private pension of your spouse in order to recover your debt unless your spouse also signed as the guarantor at the time the credit was was agreed and paid to you in which case a judgment must be granted by the court in their favour against your spouse before they are permitted to claim or to arrange deductions directly from your spouses private pension

Or if you meant to ask if your spouses creditor is permitted to claim your spouses private pension upon theur death then again the answer is no as they get paid from the contents of your spouses estate before you or any beneficiaries are given your share and their estate consists of all of your spouses assets at the time of their death and a pension scheme is paid in installments weekly or monthly and therefore the money from their private pension does not count as part of their estate as the money in the pension is not yet at that point of the estate being worked out yet an asset nor part of the estate .

The two things are not related to each other. Your uncle represents your grandmother only as long as she is alive, because a power of attorney expires on the death of the grantor. At that point the executor of the estate distributes the property according to the will.

Probate is strictly governed by state law. In order for the title to real estate to pass to the heirs the estate must be probated. Generally, the value of the property less the amount of the balance due on the mortgage will be included in the inventory. There will be a notice of the death published in the local newspaper. The creditors of the decedent need to be notified of the death. The property is subject to the mortgage and if the mortgage isn't paid the bank will foreclose. You may need to negotiate with the bank to refinance the mortgage.

You should consult with an attorney who specializes in probate.

Not knowing the state of residency the question can only be answered in a general sense. If the father is capable of understanding the process he can give the daughter Power of Attorney. A POA in most cases will allow the person to oversee all the financial and personal needs of a person who for whatever reason can no longer handle. There are different types of POA's as there are different laws in each state specifying what powers the POA gives and the way specific transactions must be done. The best option is to contact an attorney who is qualified in probate and estate, or elder law. Most attorneys offer free consultations or at a minimal fee.

They will have a letter of authorization from the probate court. This should enable them to provide the signatures for the sale. Many jurisdictions have a special format for small estates that include only a vehicle and few other assets.

Inherited property, if kept separate, does not generally become community property. However, community property laws differ so you should consult with the attorney who is handling the estate for advice if the state where the estate is being probated is also your home state.

Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.

Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.

Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.

Anyone related to the estate can file a motion to compelwith the court and the court will order the executor to file the inventory. If they continue to fail to perform their duties the court can appoint a successor.

The composer, Meredith Willson, only died in 1984. With copyright laws the way they are, musical pieces like this don't become Public Domain (free) until death plus 70 years, which in this case, the earlies it may become PD is in the year 2054. That said, if any of Willson's heirs inherit the copyrights for The Music Man, it will remain their property almost into perpetuity. Chances are the actual full script cannot be bought anyway - in large productions like this, the scripts are rented (for a fee) and the people using the script must pay a "royalty" fee for its use in public.

I suggest you get a copy of that Will (you are entitled as a heir) and also, I do believe the lawyer would have had to talk to both of you and explain the situation of the Will. It can take a year or more to Probate a Will. A Probate means that all debts are paid off to creditors; all property taxes and personal taxes are paid before the monies or properties of the deceased are released. So, perhaps your brother is utilizing this property to gain more money in that year which is good for both of you. I am hoping this is a legal business. Also, if you are a minor and your brother isn't he could be conducting the business to help make more money that should go back into the Estate and be divided equally between the two of you. You still have a right to see the Will and if you are a minor then you have to see how your parents put it in the Will as to when you 1/2 of the property or any monies is released to you (probably legal age.) If you don't like something your brother is doing (executive or not) you can seek legal counsel and you do have the right to deny a business being run on the rental property. If you have not accepted any money from this rental property/business and the money has not gone back into the Estate it's called stealing. Look after your legal rights. If you don't know how to go about this then either talk to a good friend who may know of a good lawyer. Be careful! Ask what their fee is first and do a little shopping around.

No, an executor cannot sell the estate home without the signatures of all involved. This isn't legal or possible in New Jersey.

I have been the executor of my mothers money, I pay her nursing home bills with it, she just died and i have 200,000 dollars left, do I have to pay tax on that money.

You should get that kind of specialized advice from an attorney who specializes in estate planning and tax law in your jurisdiction.

You should get that kind of specialized advice from an attorney who specializes in estate planning and tax law in your jurisdiction.

You should get that kind of specialized advice from an attorney who specializes in estate planning and tax law in your jurisdiction.

You should get that kind of specialized advice from an attorney who specializes in estate planning and tax law in your jurisdiction.

It is not required to obtain an attorney or title company to amend a property deed but it is recommended. States establish laws that determine how real estate is titled, it is extremely important the owner(s) choose the best option of holding joint property to avoid future problems. The proper recording of the changed deed is equally important to make certain that it is considered a legal transference.

A Life Estate is not terminated until the end of that person's life. However, depending on the wording of the granting document, it may have a clause in it that specifies that it is valid as long as the individual wishes to live there. A person with a real Life Estate could move out and rent the property. Check the documents that granted to right to see if there are limitations.

The nursing home can only take it if it has been less than 5 years since the Trust was established.

Generally, no. The trustee is the only person who has the right to act for the trust unless the trust document states otherwise. The beneficiaries names should not be on the trust account. Managing the account is the responsibility of the trustee.

Yes and no. The Life estate holder has the right to the free use and enjoyment of the property, without worrying about the remainderman interfering. However, the remainderman has the right to inspect the property and take care of it.

The decedent's estate still owes the money, and that debt must be satisfied before the estate can be distributed. In the case of a surviving spouse, that spouse is equally liable for any existing debts. If the deceased's estate cannot cover the debt, the spouse must do so.

Most assets acquired during a marriage in California are considered shared property between you and your spouse, but inheritance is an exception. If you receive inheritance while you are married, your spouse does not have any right to that money as long as you keep it separate from your spouse and your shared property.