Estates

Usually, if there are assets that belonged to the deceased that need to be probated, any heir at law or other person in interest, including a creditor, may apply to be appointed an administrator of the estate. An "executor" usually requires being nominated as such in a will.

If they sign away the rights, the remainderman gets the property free of the life estate. Walking away without signing it over, depending on the document that created the life estate, may be all it takes, but consult a property attorney in your area.

Yes.

Yes.

Yes.

Yes.

The executor needs to file a copy with the court. Other than that, no one has to be given a copy of the will. It usually becomes a part of the public record once execution is done, but may remain private.

If the distribution to the beneficiary was mandatory, and the trust agreement does not provide for alternative disposition on the beneficiary's death, and/or the trust agreement provides that the distribution is mandatory and not discretionary, then the distribution should be payable to the deceased beneficiary's estate, which could get the K-1 as to any portion of the distribution that constitutes income rather than principal. The distribution to the deceased beneficiary's estate could flow through to the heirs of the deceased beneficiary's estate.

The Metrobank in Davao (Philippines) has NO swift number

WRONG !!

Metrobank's formal name is Metropolitan Bank and Trust Co. It's nationwide Swift or BIC number is : MBTCPHMM.

Yes. You could draft your own codicil if you know exactly what you're doing. A codicil follows the same statutory form as a will and must clearly explain the changes. However, a poorly drafted codicil could cast the entire will into uncertainty. If you're not confident about your ability to do it correctly then you should seek the help of an attorney.

They must review the document that created the trust to determine if and how the trust can be terminated. Most trusts contain a clause that addresses termination. If there is no such clause the family would need to bring the matter to court and let a judge determine the outcome.

The executors role is to insure that the property is sold for a fair market value and the proceeds properly distributed according to the will. Having a beneficiary buy the property is a common occurance, particularly if they property is to stay in the family. He has no brother or sister, but lots of half-brothers and -sisters, namely all the kids of Zeus.

File a claim against the decedent's estate. If the mortgage was recorded in the land records it must be paid before the property can be sold.

Generally, the probate court which is sometimes listed as a division of a higher division of state court. To find the probate records for your jurisdiction you can perform an internet search using your county, state and "probate" as your search criteria.

If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.

If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.

If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.

If you conveyed your property by deed and reserved a life estate, the property cannot be sold without your written consent, releasing your life estate. If you do not sign the deed, the new owner would take the property subject to your life estate.

The will is filed with the court. Along with it will be other forms that ask for an executor to be appointed and that the beneficiaries have been notified. Consult with a probate attorney in your state for more assistance. Most courthouses can provide a probate packet that has the forms and directions.

Happens all the time. No big deal. The executor, whomever it is, fulfills the duties are required by law. And if no one 'wants' to be the executor, the court will appoint someone to do it, usually an attorney or a bank.

His shareholders

Only that property that is determined to be owned by the sibling. If property is owned jointly between the sibling and the remaining family, the remaining family may be forced to get a loan to pay the appraised value of the siblings share.

As this Q is frequently referred to by those asking about a trustee that is a sibling.....a trustee is NOT the owner of any of the proerty he is trustee for...in fact, IT CANNOT be used for his personal needs.

2-3% max

For an insurance policy and/or retirement benefits it goes to the beneficiary designated.

For a will, there could be grounds to contest it.

Once the will has been filed for probate it becomes a public record. You can go the the probate court, request the file and read the will.

That depends on how the initial Power of Attorney is drafted. It can be set up so they may act independently or so that they must each sign every document or check together. It should be discussed and analyzed ahead of time to avoid confusion.

Once a life tenant releases their life estate they have no rights in the property and no responsibilities regarding the property. It is up to the fee owner to determine the terms for the continued use of the property. The owner may serve notice for the former life tenant to vacate the premises or the owner can require the tenant to sign a lease and pay rent. It is up to the owner.

Generally in a Will the person leaving that Will specifies what children will be left monies, property or contents of the house. If it does say 'children' then yes, it will include you. If there should be any problem with this and you aren't involved in the Will according to any other siblings say in the matter you can contest the Will. It generally won't come to that because 95% of people are greedy and don't want a long drawn out legal battle on their hands and are willing to settle out of court.

The first thing you need is a solid understanding of how divorce law works in North Carolina. This article describes the basic substance of separation and marital dissolution law in North Carolina. With this information, you can better grasp the overall outline of the separation and divorce process in North Carolina. You will then be able to make more informed decisions about how you yourself should proceed, once you or your spouse decide that you should no longer live together. Without this "big picture," you could stumble blindly through the process, never quite able to recognize whether your expectations for the ultimate bargain are achievable, or at what price. The section is not, however, intended as a complete reference source that substitutes for the analysis of an experienced practitioner of family law. Each case can involve one, some, or all of the issues discussed in this section. At the same time, factual variations in various couples' lives make the principles reviewed here of only general applicability. Divorces can, and do, look as different as the people who are divorcing. Given the countless differences among marriages, this section, and indeed this entire website, cannot replace the advice of a skilled attorney concerning your own family. Such advice is most valuable at the stage when you are planning a separation, so that you can avoid action or inaction that will be more difficult to undo or correct later on. Legal advice remains useful, of course, throughout the process of resolving the various issues discussed in this website. But it should not be legal advice that you seek without already having gained a solid grounding in the law of separation and divorce. The "Big Picture" is broken out into each of the major issues. Just follow the links below to find out more.

If you are an heir, you most definitely can! People who are trusted with executorship can do a lot of damage before you start questioning them, though, so if you are going to question them, do it as soon as possible. Probate Court, at least in Indiana, is informal, so you don't have to hire an attorney. When I went through the type of experience you are facing, I looked up my State Code on the Internet and became familiar with it. The executor of the estate in my case broke just about, if not every, code that was written, but I would not have known if I hadn't read the Code for myself. I gathered as much information as I could about what had taken place between the time of death to the present and then wrote a letter to the executor asking for explanations to a long list of questions and what happened to this, that, etc. It was sent certified mail with return receipt and a copy was sent to the Judge presiding over the case and every interested party (heirs). I made some serious errors, though, and I hope my errors can help you. First, I assume this is a family situation. When executors do not respect you enough to do things right from the start, or feel like they are more deserving than you, or whatever their reasons are, challenging them is likely to do permanent damage to whatever relationship you might have had. Emotions can run very high and the hurt can be very deep. If you challenge them, keep a very cool head and don't make any quick decisions, especially if you get any surprise rulings from the Court. If that happens, take a couple of days to gather your thoughts together and STRATEGICALLY PLAN your next move. Above all, don't let your emotions get in the way of LOGICAL reason! I wish you the very best. Deb