Estates

The debts have to be resolved before any distribution can be made. If there is nothing left after paying the bills, there is nothing to give you.

A divorce decree generally breaks a tenancy by the entirety and creates a tenancy in common between the parties. In that case when one dies their half interest in the property passes under their will or to their heirs at law under the state laws of intestacy if they had no will. You can check the laws of your state at the related question link provided below.

In your case the interest would pass to the spouse of the decedent or the decedent's children.

You may not be able to do that. The holder of the life estate has to sign off on the property rights.

The property is now part of your sister's estate.

Happens all the time. Nothing of significance changes. For a more specific answer about probating the will, you need to look to state law.

maybe you can refinance the home to bring down the payments by lowing the interest rate and then pay off more each month toward the loan to bring down the payoff. Or, you can try to raise money by selling things in the home, do some home repair and raise the value of the home. Other than that, its a waiting game.

See the link provided below for an example of a simple Name Affidavit.

It is important that you review the provisions set forth in the trust document. The trust should provide instructions for the appointment of successor trustees. If the trust is silent you may need to request that a judge modify the trust to allow the appointment of a new trustee.

In some states the surviving spouse inherits the property. In other states the property is shared by the surviving spouse and children. Step children are not heirs-at-law unless they were legally adopted. The answer depends on the laws in your state or jurisdiction. You can check those laws at the related question link provided below.

No. Possession of the property has nothing to do with how long a life tenancy lasts. The "life tenant" (who is the owner for life) could be in a nursing home, in prison for life, living in Antarctica for 50 years, whatever.

The life tenancy, by definition, does not ordinarily terminate until the person whose life measures the estate ownership passes away, in fact, or has been deemed by a court to have passed away, in law (e.g., missing at sea for 7 years, or perhaps brain-dead for 2 years).

However, a life estate can be transferred to others, and may be terminated if the "others" in the transfer happen to be exactly the same people who would ordinarily get it after the life tenant's death.

Only if it is a joint account or payable on death to the "common law spouse". If it is a sole account in your mother's name then it is a part of her estate.

A trustee is an officer of the court. And is bound by state laws and court procedures. If the estate/trust is being held, it is due to the action of the court of jurisdiction, not the trustee. An heir can petition the court for a change in executor. They can also ask for a full accounting of the estate. If it is clear that they are dragging things out, perhaps to pad their bill, the court can replace them.

Yes, they can distribute funds prior to the end of probate. They have to record it and report it to the court. They also have to show that they have reserved enough to handle any unexpected debts and liabilities that might show up.

It depends on the authority of the debtor to create a debt for the business and the status of the business. If the business is incorporated it is not subject to debts of the individuals. If not incorporated, it is possible to attach the interest of one of the individuals for an individual debt. You haven't provided enough details.

It all depends on what the documents state. I notice you said a Trust. Was this a grantor trust? was it completely funded with the grantor's (the deceased) assets? Is the home in the name of the trust. There may be a provision in the Trust, if the trust was the owner of the property, that allows the sale of the property with proceeds added to the residue of the trust. However, if the trust was not properly executed and funded and the property was still in the name of the decedent then you may have to wait until the probate process is over or meet with all heirs and your probate attorney as they can guide you through that process. Usually with a completely funded grantor trust the estate avoids the probate process and goes by the guidelines set forth by the trust, however it sounds as if this trust was not properly funded and the property was not placed in the trust.

Not once it has been granted. The holder of the life estate would have to sign it over. They could voluntarily give it back if they no longer wish to hold it.

A POA gives one person (the attorney-in-fact) the authority to sign legal documents on the behalf of another (the principal). The fundamental reason for a POA is for the convenience of the principal. There are no personal privileges accorded to the POA unless they are set forth in the instrument that created the POA. If the attorney-in-fact is abusing their authority the abuse should be brought to the attention of the principal so they can revoke the POA. Only the principal can revoke a POA.

If the principal is not capable of making the decision to revoke the POA or have become vulnerable to undue influence then you should seek legal advice to discuss your options. Perhaps a guardianship or conservatorship is needed. If someone is appointed guardian, the power of attorney would be extinguished.

A POA expires when the principal dies. Therefore the attorney-in-fact has no special status as an heir when the principal dies unless you think they have used undue influence on the principal to draft a will that unjustly favors the attorney-in-fact. Again, you should discuss this situation with an attorney who can review the situation and explain the options.

Required if the decedent was a legal resident of California who died before June 9, 1982, otherwise an inheritance tax wiaver is not required in the state of California.

At the death of the father the adult child or children can file a claim against the estate with the probate court. Bear in mind that Texas is a community property state, that being the case the majority of marital property is automatically awarded to the current spouse if the father dies intestate. If there is a Will the "right of election" is in force and the terms of the Will dictate distribution for any separately held property. Almost any Will can be contested, however, it is generally an expensive and lengthy process to do so.

If they know that the person exists, then they establish a trust on behalf of that person. The court will have to approve the trust. If there is no known beneficiary, the estate will escheat to the state.

Absolutely; power of attorney gives you the power to act legally on his behalf, which includes cashing checks.

The will should specify who should inherit. If there is no will, the state will have a law that specifies. Just because someone is related does not mean they are entitled to a portion of the estate.

No, nothing can be done with real or personal property of a deceased person(s) until the probate procedure has been completed. States establish probate laws, each state has different requirements for the procedure and stipulates different types and amounts of property that is exempt from probate action. Contact the executrix or executor of the deceased estate or the clerk of the probate court of jurisdiction for more specific information.

You should consult with an attorney who specializes in real estate law to determine your options in your jurisdiction.

You should consult with an attorney who specializes in real estate law to determine your options in your jurisdiction.

You should consult with an attorney who specializes in real estate law to determine your options in your jurisdiction.

You should consult with an attorney who specializes in real estate law to determine your options in your jurisdiction.