Estates

The assets in an irrevocable trust are legally owned by the trust itself, not by any individual. The trustee is responsible for managing the trust assets for the benefit of the trust beneficiaries as outlined in the trust agreement.

No, an executor of an estate is legally bound to act in the best interests of the estate and its beneficiaries. Taking items from the home without consent from other siblings would likely be considered a breach of fiduciary duty and could lead to legal consequences. It is important for all decisions regarding the estate to be made transparently and with the agreement of all beneficiaries.

Usually a revocable trust takes precedence over a will when it comes to distributing assets. Assets held in a trust don't typically go through probate, unlike those held in a will. However, it's essential to ensure that the trust is properly funded and that the terms of both the will and the trust are aligned to avoid conflicts.

Yes, in British Columbia, a codicil (an amendment to a will) does not have to be notarized to be valid. However, it is recommended to have it witnessed by two individuals to ensure its legality and authenticity.

In some jurisdictions, an inheritance received by a spouse may be considered separate property rather than conjugal property. However, it ultimately depends on the specific laws and regulations in the jurisdiction regarding the treatment of inheritances in relation to conjugal property.

Trustees who abuse a trust may face legal action, removal from their position as trustee, and potentially be required to repay any misused funds. The beneficiaries of the trust can take legal action to hold the trustee accountable for their actions.

Trust documents are typically recorded with the county clerk's office in the county where the property involved is located. Additionally, some states may require that trusts be filed with a state agency such as the Secretary of State's office. It is important to consult with a legal professional to ensure proper recording and compliance with state regulations.

You need to visit the court with proof of your claim and the clerk will give you the proper form to file. You need to act as soon as possible since there is a statutory period after the estate is opened in probate during which claims must be filed. The time limit depends on various details and types of claims. See the following section for more information: Nebraska Revised Statute 30-2485

Next of kin typically have inheritance rights to property of a deceased individual if there is no will in place. The laws governing inheritance vary by jurisdiction, but generally, biological children and spouses are first in line to inherit property. If there are no living next of kin, the property may pass to more distant relatives or to the state.

In most cases, children do not have an automatic right to their parents' property while the parents are still alive. Parents have the right to decide how they want to distribute their property during their lifetime. Children may have inheritance rights when a parent passes away depending on the laws of the specific jurisdiction.

Residuary subjects are areas of law or policy that fall outside the scope of specifically delegated powers given to a particular level of government. These subjects generally remain under the jurisdiction of the central or federal government in a federal system. They serve as a catch-all provision to ensure that all areas are covered even if not explicitly mentioned.

An heir isn't required to file any motions to settle an estate unless they want to make a complaint. The estate representative is the person who handles the estate and the person who files all the motions in the settling of the estate.

Legally, both brothers and sisters are considered next of kin. However, in certain situations, one sibling may be given priority over the other based on specific laws or circumstances. It's essential to consult with a legal professional to understand the hierarchy and rights associated with next of kin status.

No. The trustee only has the power granted in the document that created the trust. If the trust was drafted properly, there are provisions in the trust document for the removal of the trustee and for appointing a new trustee. If not, then the matter can be brought before a judge and the court can remove a trustee who is violating the terms of the trust.

To get a letter of testamentary in Suffolk County for a trust, you would typically need to submit a petition to the probate court. The court will review the trust documents, verify the appointment of the trustee, and issue the letter once everything is in order. It's advisable to consult with an attorney who specializes in trust and estate law to guide you through the process.

In most cases, a grandson would not have an automatic right to live in their grandmother's intestate house. The distribution of assets in intestacy is typically determined by the laws of the state, which usually prioritize the deceased person's close relatives in a specific order such as children or spouses. If the grandson is not a direct descendant, he may not have a legal entitlement to the house.

"Rightful Heir" is an episode from the television series "Star Trek: The Next Generation." It first aired on May 17, 1993.

If the will was filed with the court and you believe you may be a beneficiary of the estate, you should contact the Probate Court. If you know who the executor of the estate is, you can contact him or her and ask for a copy of the will.

It depends on the specific circumstances and the applicable laws in the jurisdiction. In some cases, the beneficiary may have a limited time frame to bring a legal action against a trustee, while in other cases the time limit may be longer or shorter than 3 years. It is advisable for the beneficiary to consult with a legal professional to understand their rights and options.

No, a trustee must act in accordance with the terms of the trust and should not make a gift without authorization or within the scope of their powers as outlined in the trust document. Acting outside of their authority could be a breach of fiduciary duty and could result in legal consequences.

To obtain a copy of your dad's will after he has passed away and remarried, you typically need to request it from the probate court in the county where he resided. If the will has been filed for probate, it becomes a public record, and you can request a copy from the court clerk. If the will has not been probated, you may need to contact his spouse or an attorney who may have a copy.

The custom of dividing land among heirs helped the rich maintain their wealth by allowing them to pass down assets to their children without risking the fragmentation of their holdings. By dividing the land, each heir could assume ownership of a portion of their parents' estates, preserving the family's affluence over generations.

To do an act of legitimation when the father is deceased, you would typically need to consult with a lawyer to navigate the legal process in your specific jurisdiction. The procedures and requirements can vary depending on the laws of the country or state in which you reside. It's important to seek legal advice to ensure that you follow the correct steps to legitimize the child's status.

To sue the estate of a deceased person with no will, you would typically need to file a claim in the probate court where the person lived. The court will appoint an executor or administrator to handle the estate and the lawsuit. It's advisable to consult with a probate attorney to guide you through the process.

To sue the estate of a deceased person, you typically need to file a claim in probate court against the estate. The court will appoint an executor or administrator to handle the estate's affairs, including the lawsuit. Make sure to follow the legal procedures and deadlines set by the court.