Estates

If there is no will then there will be no executor. When a person dies intestate, or without a will, a qualified person must petition the probate court to be appointed the administrator of the estate. That should be done as soon as possible. You should seek the advice of an attorney who specializes in probate in your area.

You are out of luck if the estate was probated 10 years ago.

In the US, alimony terminates upon death. If there is back alimony due that's a different matter.

A trust is managed according to the provisions set forth in the document that created the trust. A properly drafted trust should contain a provision that addresses the removal of a trustee and the appointment of a new trustee. A properly drafted trust will name a successor trustee in the event the trustee dies or resigns or must be removed. If there is no such provision in the trust document then a judge must make the change by a court order.

Most state laws require that some good cause be shown why a trustee should be removed. Such cause is shown if the trustee fails to operate the trust properly, fails to protect and invest the proceeds of the trust, engages in self-dealing with trust property, fails to obey court orders regarding operation of the trust and other actions which show the trustee is violating the fiduciary duty that all trustees owe to the beneficiaries. You should consult with an attorney who is familiar with trust law in your state who can review your situation and explain your options. Trustees have a duty to do what is best for the beneficiaries but always within the terms of the trust itself. Trustees do not take orders from beneficiaries.

That means the owner has transferred the ownership of the property to someone else but reserved the right to use and possess it for the duration of their natural life.

The remaining spouse or executor of the deceased's will.

Trusts are managed according to the provisions set forth in the instrument that created the trust. You must review the terms of the particular trust to determine if one trustee can exercise all the trustee powers set forth in the trust instrument.

Yes. If a will is filed for probate it will be in the probate records. There is no other depository for wills in the US. If the will was not filed in probate then it is not available unless a family member or some other person in possession of an unprobated will agrees to share it with you.

The answer depends on the laws of the state the probate is in, the terms of the will and the facts of the situation. First, what does the will say? It may say the executor has full power to sell in his/her discretion. In that case, the beneficiaries do not have to approve. If the will says nothing specific about a power of sale then look to the laws of the state. Every state has laws that spell out what executors can and cannot do. The laws of the state of probate might provide that an executor has to obtain a court order to sell the property. If it does, any of the beneficiaries might object to the sale when the executor applies for the order; however, the objector will have to prove the objections are valid.

If a girlfriend has a brothers property after he has died a family can request that she gives it back. Depending on the length of the relationship, the family should offer some of the brothers items to the girlfriend out of respect.

No. As of 2014, Domestic Partners are not recognized under Missouri law, and are considered legal strangers to each other. Without a will, it's likely the property would go to next of kin.

Yes. That is the purpose of a quitclaim deed, to transfer the ownership of real estate.

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None of the exceptions you present would disqualify a person under 18 years of age from receiving Social Security Benefits attributed to the fathers Soc Sec Account. Whoever the court appoints or considers to be the legal guardian will receive the monies to be used for the benefit and welfare of the minor. However the Soc Sec Admn has specific rules which could eliminate any receipt of monies. Refer to the benefits section of the Soc Sec Admn web sit ssa.gov.

You have to open an estate. The court will then appoint an executor. The executor will have the letter of authority that will, with the court's permission, sell the real property of the estate.

If mother and daughter have a joint account together and mother dies the daughter can continue to use the account or close it and reopen it in her own name. The daughter should be careful to account for any interest on her tax return. If mother also had a separate account at the same bank, the daughter has no right to use that separate account. That account should pass by will or by intestacy if there was no will.

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In order for title to pass to the heirs the estate must be probated. You should speak with an attorney who specializes in probate law in your area.

He will be required to pay tax on a fair market value if it is a gift. Another option might be to "sell" it to him for a significant amount below market value and carry back a note. The note might not have any payment schedule, or you could even state that you have received regular payments. There are always options, so it would be best to talk to either a tax attorney or a good tax accountant who regularly deals with living trusts and other such mechanisms.

Yes because the were born from the same dad. Yes because the were born from the same dad. Yes because the were born from the same dad. Yes because the were born from the same dad.

The court appointed estate representative has authority over the estate. It is their duty to collect and protect the assets, pay the debts and distribute the remaining assets according to the state laws. In order to perform their duties according to the law they may need to deny one or several of the heirs access to the property especially if they may remove property for which the estate representative is responsible. The situation should be discussed among the rep and the heirs. Perhaps they could work together.

If the owner of property conveys that property by a quitclaim deed while they still own it then they no longer own the property. It is now the property of the grantee in the deed.

A will should always be drafted by a professional.