Estates

Mineral rights are a complicated topic. Under that umbrella (regarding mineral rights in land) would also fall the right to royalties from companies that have leased or purchased mineral rights from a prior owner. Generally, a life tenant is entitled to the profits from the land during their tenancy. However, state laws vary and you should consult with an attorney who practices real estate law in your area and who is familiar with mineral rights. Keep in mind that properties subject to life estates are more generally residential properties and not coal mines, oil and gas wells.

You can read a brief description of probate law in Barbados at the related link below.

You will have to consult an attorney in the state in question. Most divorce decrees invalidate any portion of a will that was in existence at the time of the divorce and that includes the ex-spouse.

WE JUST WENT THROUGH THIS. YOU NEED TO CALL THE IRS AND LET THEM KNOW THAT YOU ARE TRUSTEE OR SUCCESSOR OF THE DECESSED. BUT YOU MUST HAVE CERTIFIED COPIES OF THE DEATH CERTIFICATE. THEY WILL ISSUE YOU A TEMPORARY EIN SO YOU CAN TAKE OVER THE ESTATE AS IF YOU WERE THE DECESSED.TO PAY OFF THE ESTATES BILLS. CLOSE OUT ACCOUNTS AND HAVE THEM TRANSFERED INTO YOUR NAME. WE SUGGEST THAT YOU OBTAIN AT LEAST 15 CERTIFIED COPIES OF THE DEATH CERTIFICATE. NOT EVERY CREDITOR WILL TAKE A PHOTOCOPY.WE FOUND IT EASIEST TO GO TO THE BANK OF THE DECESSED AND HAVE THERE STAFF HELP IN OBTAINING THE EIN IT TOOK ABOUT 10 MINUTES. PRETTY FAST FOR THE IRS.

In Connecticut, title to real estate passes to the devisees or heirs upon the death of the owner. However, there may be circumstances where the executor is given power to sell the real estate by the testator. Also there are circumstances when the real estate may be sold by the executor, for example, if there are debts to pay. Speaking generally since you did not provide much detail, if it was NOT sold to pay debts of the estate you had the right to keep it and pay for it yourself if it was mortgaged. Especially if you are the sole heir.

Your question is too broad. You need to visit a law library in your jurisdiction. There is usually a public law library at the county courthouse. The law librarian could help get you started in reading the probate code for the Commonwealth of Virginia.

Not unless you were also named as a joint owner of the account. If you and your mother had a joint account the full ownership passed to you upon her death. If the account was your mother's sole account you would need to forge her name to make any withdrawals. That is not legal. The account is part of her estate.

Usually there are steps to be followed before the estate is finally settled. Depending on the state, there is an ending date, which might be a year later. There is also an extended period of time for bills to be presented to the estate for payment. The thing to do is to wait, offer any help or documentation if you have it, and wait some more until the estate is settled. Becoming an issue with the executor certainly will not speed things up.

Yes, the bank accounts are a part of the estate. The need to be valued and included in the assets.

You would need to make a claim against the defendant's estate if there is one. You should seek legal advice of an attorney if the claim is substantial. An attorney can have an asset check performed to see it the defendant owned any property.

No, but if you are naming someone else it certainly would help both parties to be informed in the event of your demise. Sorting out a person's affairs is difficult enough without having to cope with a power struggle.

Refinancing is only a debt instrument so wouldn't provide for changing the deed (ownership) to a property. A property can be purchased through a sales contract, or even given by way of a recorded deed. Ownership of property must be recorded by deed in the county courthouse where the property is located. Many types of deeds are used depending on the circumstances surrounding the purchase, gift, etc. A real estate or trust attorney should be consulted and a deed recorded based on the language in your trust document and the goals surrounding the property.

Wills signed by the deceased and witnessed are always valid. Often the elderly may change their minds, but never change their Wills, so the last Will and Testament is the final word. Whatever is in that Will is the way it will be played out. Marcy ==Clarification== If a Will directs that certain property be placed in a trust and the trust was never created the property would remain in the testators estate. The failure to create the trust may result in that property passing as intestate property. The Will is still valid as to any other bequeasts. The property that was to go to the trust would pass according to the residuary clause in the will if there is one. If there is no provision in the Will for property not specifically mentioned then it would be divided equally among the legal heirs as intestate property. Please note that in reality, many, many wills are so poorly written that a judge must make a decision as to the distribution of the property of the decedent. Therefore, the judge has the "final word" by deciding if the will is valid and then by interpreting it if the will was poorly drafted.

Such a question list would be far too long to place here. A few of the duties of an executor or executrix are: An extremely important task, filing the petition on time to avoid serious penalties and fees, (generally the estate must be filed from 9-12 months after the death). The collecting of assets and filing of known inventory with the probate court. Consolidating funds as much as possible and establishing a separate checking account for bills and bequests. Paying all bills and taxes. Distributing property to heirs and legatees. Filing the deceased's final tax return. A final accounting of the estate to the probate court. ALWAYS keep in mind the executor/executrix is 100% responsible to the court for the proper execution of the estate!

The Executor can withhold money from heirs for a "reasonable" time in order to pay all debts and expenses of the Estate and to make sure that the claim period has elapsed and all tax returns have been filed. Once the claim period has passed and all debts, taxes and expenses have been paid, the Executor can satisfy all specific bequests and then distribute the residue to the proper beneficiaries. Any outstanding claims or tax liabilities could delay this payment (i.e. challenge of a claim or an audit of a tax return). This is a very general overview and is not meant to be legal advice, as you need to consult your attorney about your specific facts and situation.

Yes. A person can devise their sole property by will in most jurisdictions. A husband does not need his wife's consent to leave his antique car to his brother. A wife doesn't need her husband's consent to leave her solely owned mountain cabin to her sister. However, one spouse cannot completely disinherit the other in most states except Louisiana and one spouse cannot leave property owned by survivorship to any third party.

Unless statute modifies the common law where you are, nothing happens. The life tenant still has a life estate over the property until the life tenant takes some legal steps to alienate that life estate, i.e.

1. by selling it, at which point it becomes and estate pur autre vie, which is just like a life estate, except that it ends when the person dies from whom it was acquired, or

2. dies (which the life tenant may or may not decide to do).

If the government has paid benefits on a person's behalf then the government has the right to recoup what it paid after the person's death. If that person owned any property in their own name the government is first in line (like a creditor) to be repaid. For example, your grandmother can't leave her house to you in her will free and clear if the government has been paying for her nursing home and medical care for years. That is the reason people do estate planning and get property out of their names and into trusts. Estate planning must be done years in advance and by a professional with a good reputation and satisfied customers.

The executor is entitled to a fee for their services. Their relationship is not a deciding factor. In many states the fee is set by law.

If you were driving within the law old enough held a valid licence at the time and indeed included on the insurance theres a chance you will be covered by the insurance but seeing as it was your mothers car and insurance and through the result of an accident caused by your own admittance by yourself which takes all blame away from her then this being the case the insurance would still have to pay out on her insurance policy.

No. If one is not named in the will the court will appoint one if necessary.

You can only sue the estate for the actions of the estate/executor. Any right to sue the individual expires when the individual dies.

yes: it can be done several ways:

1. intervivos revokable trust which can be terminated at will.

2. if it is an irrevocable trust, it can be broken if the children agree to reject it.

3. parents can modify the house by building an apartment or two....thus down-sizing, bringing in income and avoiding the tangles of family trusts.

THE HIT_MAN

K, so I'm no lawyer and I definitely flunked out of law school, so take what I say with a barrel of salt. But, as far as I know, it depends on your situation. Like, let's take your example and make it two individual parties to simplify: i.e. "husband and wife" are now "O," and "two children" will now be referred to as "A". So, it depends on whether O gave A a life estate deed or O gave A something similar, like a revocable living trust.

So, first go figure that out. Is it a real "life estate"? If so, it's irrevocable and the kids are golden. Is it a revocable living trust? Then kiddies are screwed. Or maybe it's something else, in which case you'll have to clarify your question because I'm only going to answer two ways because I don't care to explore every possibility (you can see why I flunked out):

Life Estate:

If O gave A a life estate, plain and simple, then it's irrevocable and A is going to have to assert A's rights. So, if you're the kid, then it's like your mom gave you a life estate for the house and you let her live in it until she died or whatever. The house is still yours and she can't very well take the offer back by selling it or ripping out the walls and ruining the place or anything. It's essentially yours.

Living Trust:

But if your mom gave you a revocable living trust, then she can do what she wants. The latter is probably more what people think of as inheriting. Like, if your mom does the revocable living trust thing, she's basically put the house in the hands of this 'trust' and they hold it or whatever, but she still has power over it. So she can sell the house or decide she likes little Timmy better, pull a switcheroo, and give it to him instead. I mean, if O promised A the house or something and decided to sell it instead, depending on the circumstances, A might try to whine to the court about some detrimental reliance, but I get the feeling A might come out with nothing and look like a spoiled brat.

Yeah. Also, it depends on what you're going for here. Like, there are a lot of ways around this stuff on either side. Post some more specifics and we might be able to help a bit more.

Louisiana probate laws are very strict and also unusual. You need more details about the nature of the property. You can review the law at the link below. However, you need to consult an attorney in your area who specializes in probate law in order to determine who owns the real estate.

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