Estates

Property transfers are documented by a written instrument called a deed and the deed must be recorded in the land records to notify the world that there is a new owner of the property.

If you receive an inheritance within 180 days after filing bankruptcy, it becomes the property of the bankruptcy estate and the Chapter 7 trustee can distribute the proceeds for the benefit of creditors.

Yes. Be prepared to show proof or evidence of the abuse and have reliable witnesses. State your complaints to the court clearly and in a business like manner.

The step-aunt cannot make any changes to your uncle's trust unless she was given that power IN the trust document. You need to review the document that created the trust to determine who is the named trustee and what powers they have in dealing with the trust property. Perhaps you should have the trust reviewed by your own attorney.

No. A person making a will usually chooses a friend or relative to be their executor. The executor may even be someone who benefits from the will. There is no requirement for the executor to be 'independent' in any way.

The debts of the deceased are the responsibility of the estate. The estate would pay the cost of an attorney. If the estate has no assets, the attorney would require someone to pay them for their services.

Order a duplicate birth certificate. Most states have a website for that.

Who your heirs are depends on state law. Here in Missouri, if you died without a will, your property would first go to any surviving spouse and any children. If you had none, then it would go to your parents and your siblings. If a sibling died leaving children, it would go to them. It keeps going on and on until someone is found. If no one is found, it goes to the state of Missouri. So, the short answer is yes, but so would your spouse (if any) and any other children.

You can check the intestacy laws in your state at the related question link provided below.

A deed conveying real property to husband and wife should grant the property to them as tenants-by-the-entirety. That form of ownership is reserved for legally married people and has special benefits and protections. The survivorship rights of one co-owner in a tenancy-by-the-entirety cannot be severed by the other co-owner. The property cannot be partitioned as long as the owners remain married. A Judgement of Divorce automatically converts a tenancy-by-the-entirety to a tenancy-in-common in most jurisdictions.

The deed should be drafted by an attorney.

No she will not be personally responsible for the debt. One of the primary reasons to open an estate is to resolve such debts. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.

Yes. In order to convey the title to the property all six owners must sign the deed. Anyone who doesn't sign retains their interest in the property.

I live in Tennessee . Neither my husband or myself have a will and own several hundred acres and our home. We were checking in to this as he said we didn't need a will. Was told by a lawyer that joint property became sole property of the surviving spouse. Part of our property was his before we were married.When his aunt died and a battle ensued over her property ,between her husband of 20 years and her brothers , it made me go check out things for the protection of me and my children.After seeing how his uncles treated his aunts husband ,I felt we needed some changes even if it cost us a little money. Title search , surveying and drawing up new title on land cost us about $600. People may run into trouble when there is property that one had before the marriage and it has never had the other spouses name put on it. Many assume that when you marry it just automatically becomes the property of new spouse.In this case was told that two thirds of the property in question goes to any children ,be it one child or a dozen. The remaining third goes to the surviving spouse and any other person , relative or debt holder that wants to put a claim against it. Was told this doesn't only apply to real estate but other property such as cars ,boats ,antiques etc. Personal items like clothe,books ,bed you sleep in .. are exempt. Not an expert .This is just what we ere told and now all of our property has both our names on it. I would still recommend a will and we are working on that. * As noted in the previous response all jointly owned marital property passes to the surviving spouse under the state's Tenancy By The Entirety (TBE) laws. Property not acquired during the marriage is partitioned according to the probate succession laws in more or less the way cited in the previous response. Creditors have first claim against non exempt property and assets of the deceased before any property or assets can be distributed to heirs and/or family members. Go to your local court house and get the information you need. In Virginia, you still have to file for probate even if you have a trust or a will. Probate is just a simple review so that the "government" knows that all is on the up and up. In Tennessee, the law may be different, so check with the Clerk of Court they are very helpful and will fill you in with the details. You will probably just need to legally remove the deceased name from the property deed or loan. If the spouse is still living, see a lawyer and have a will or a trust done right away!

No. His wife has no rights to the inheritance.

If she is not the court appointed estate representative then her actions would constitute theft. She should be reported to the police immediately.

Yes. It is the executor who makes the distribution and then closes the estate according to the provisions of state law. Therefore the proceeds must be taken into the estate.

Yes. It is the executor who makes the distribution and then closes the estate according to the provisions of state law. Therefore the proceeds must be taken into the estate.

Yes. It is the executor who makes the distribution and then closes the estate according to the provisions of state law. Therefore the proceeds must be taken into the estate.

Yes. It is the executor who makes the distribution and then closes the estate according to the provisions of state law. Therefore the proceeds must be taken into the estate.

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In that sense, it is the executor's decision and will to be the executor. Were it not his will, he would not act as executor. However, it is in the hands of the executor to allow another's will to be his own. The executor then becomes nothing other than that of a servant. The question would then become, "Does the servant honor his master's wishes?" Truly, it is not his wish. No matter what, the executor acts in accord to what he serves. Whether he serves "the will" of some other person, or the will of his own, or even another's will that is different from the one he should execute, he is executing. All are servants to something or someone. Whether it is to oneself or to something or someone else, all serve. An executor must execute, else he is not an executor. ANOTHER WAY OF LOOKING AT IT... Yes, an executor may not believe in what he is doing. He may disagree with anything and still do it. Should a person do something that he or she should not believe in? Should a person do something with which he disagree? One must ask why he disagrees with it. If he truly does disagree with it, then should that person execute? One should always stand up for what is good and right, so it makes sense that if there is any injustice in an execution that the executor should in fact not execute. To come back to the point, an executor may disagree with the will. He should not in good conscience, execute if he, in fact, did disagree with said will. Thank you and good night.

Anubis was not replaced. According to ancient Egyptian mythology he was god of the dead, responsible for determining the afterlife of the deceased, and Osiris was made lord of the underworld, presumably in charge of overseeing those afterlives.

Real property can only be sold by the executor of the estate. A beneficiary is not allowed to sell the property.

It is a bank account set up for estate business. It requires an EIN from the Federal government for tax purposes.

If they are named in the deceased's will and the will is legal and valid, yes.

Yes, they can use their interest in the property as collateral. But remember that is a limited interest and must be disclosed to the lender.