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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
The very short answer is that most estates will go to the surviing spouse and children. The portion of the estate may be determined by the length of the marriage (how much did the estate grow during the three years, for example). This is determined by the judge, but having a good lawyer is critical. A wife is protected and yes, she is likely to get half the estate, even if they had been married for one day.
You need to review your mother's will to determine if there is any provision that may answer your question. She may have specified the property was to be held as joint tenants or she may have granted your father a life estate in the property. In either case you would be the owners of the property. If he owned a half interest in the property in his own right then it may pass to his second wife. You must determine how you and your father held title.
Any estate that passes title to real property must be probated in order for title to pass to the heirs legally. You should contact the attorney who handled your mother's estate to inquire how you and your father held title. You need to speak with an attorney who can review all the details of your situation and explain your position under your state laws.
Is it suspicious that your step dad won't let you see your own mother's will?
Yes it is not normal for your step dad not let you see the will, i suggest you get another family member to help you out to see the will.
No. You should not convey a life estate and the fee to the same person in the same deed without expert advice. It sounds as though you have a special need in mind. You should consult with an attorney who can review your situation and explain your options. An attorney should always be consulted when you need to perform complex maneuvers with the title to real estate. Errors made by non-professionals can be very costly to correct.
How long after death can you protest will?
Generally, you have a specific period of time to contest a will once it has been filed for probate. The time period varies in different jurisdictions. When you receive a notice that the will has been filed in probate court and someone has petitioned to be appointed the executor the notice should tell you the date by which you must file your objection. You must make certain to follow the rules or you will lose your chance to object. If you have any questions about filing the objection you can inquire at the probate court on the notice.
In Georgia, as in most states, life insurance proceeds to a named beneficiary become the property of the beneficiary and are therefore not accessible to the creditors of the decedent. Of course, this does not apply to joint debt between the spouses or any debt solely in the name of the surviving spouse. In short, if the surviving spouse's name is not on the debt of the decedent, the surviving spouse has no legal obligation to pay such debt.
If you acquired the property as joint tenants with the right of survivorship then you automatically own the property as the surviving spouse. You do not need to record a new deed. You need to record a copy of the death certificate in the land records as notice that the other joint tenant has died. Any professional checking the title to your property will note the joint tenancy recited in your deed, see the death certificate for your spouse and know that by operation of law you are now the sole owner of the property.
The court will appoint a new executor. It is not a duty that is inherited. Her husband could certainly ask to be appointed and if the other beneficiaries are okay with that, the court would probably appoint him.
While I am not exactly certain what you mean by "bartenders fees", presumably either - 1) Wage paid to a bartender where tips are expected on top - (hence sometimes allowed to be below minimum wage - like waitresses) - 2) Tips/gratuities 3) A flat fee paid to a bartender for services, typically, at an event (like a wedding, etc). All are absolutely, without a question, taxable income to the recepient, virtually always as wages, (and frankly hard to envision how anyone could think they may be anything else).
Can probate be closed if all heirs dont cooperate?
The executor can work at closing off the will without any requirement of the heirs to cooperate. As long as the executor can justify the distribution of the assets, the court can approve the proposal of distribution.
That all depends on the wording in the will.
Generally, there are a couple of types of devise that are commonly used in wills. If the will provides that the property shall go to the siblings or to the survivor of them, the surviving sibling will take all. However, if the will says the property shall go to the siblings or the issue of a sibling who predeceased the testator then the deceased sibling's share will go to her children, if any.
On the other hand, if the will is silent as to the distribution in the case of a deceased child of the testator then the deceased siblings share will pass as intestate property to the legal next of kin of the testator. In your case that will be the child of the deceased sibling.
You should consult with an attorney who can review the situation and determine what the law is in your state. In most cases, an attorney should be handling the probate of the estate if there is property in the estate that was solely owned by the testator.
How do you put your deceased father's property in your name?
In England & Wales the process is reasonably straightforward but depends on whether the property is registered or unregistered.
In most cases the executor of the estate will Assent the property to the beneficiary but other options may be applicable.
Take a look at our online FAQs for more information
Can filing bankruptcy affect a living trust?
Yes. If the trust is not a true trust (i.e., the settlor, trustee and beneficiary are all the same person) or if the trust is revocable, the trustee can pursue the trust assets. If the debtor is the beneficiary of a living trust and can or has gotten a distribution of some of the trust assets, the trustee may be able go after the assets to the same extent the debtor is eligible to receive a distribution. It may be possible to negotiate a settlement of less than the full amount of the assets with the trustee.
Where does the trustee do with the money?
Try to pay YOUR debts and handle YOUR finances. What did you think? Ever read your filing? THAT IS WHAT YOU BEGGED THE COURT TO DO ...... Your sworn words...not mine. Doofus.
Yes, it must be notarized. Even 3 witnesses can be forged so a notary must be utilized to make a will legal.
Who is entitled to proceeds if all life estate heirs agree to sell property?
If the life estate holders agree to allow the property to be sold then they mush sign the deed and by doing that they will relinquish their life estates. The proceeds from the sale will go to the remaindermen who own the fee interest in the property. In order to encourage the life estate holders to relinquish their life interest the remaindermen may offer a part of the proceeds as an incentive.
You should seek the advice of an attorney who can review your situation and explain the options.
How do you file to be the administrator of the estate for your mother who died without a will?
Either consult a probate attorney or visit the local court house. The court house can provide a basic set of documents that need to be filled out and filed, but they usually recommend using an attorney.
Most jurisdictions offer a "short form" for estates under a certain value. It limits the detail that you need to provide. This is common for people who die after a time in a nursing home paid for by Medicaid, since their assets are spent down. I've handled many estates on my own without an attorney. The lead clerk at the court is your friend and guide. But the process can be very expensive.
Is there a form for getting approval from siblings to sell real estate as executor of the estate?
There are assent forms that should be available at the probate court in case you need to apply for a license. Generally, an executor needs a license from the court to sell the real estate or the power granted in the will to sell real estate without license of the court. Filing assents from all the heirs, if you don't have power in the will, will make the application for a license go more quickly. The rules may vary from state to state.
As long as there were no changes made to the tenancy by deed the joint tenancy would remain intact and the title to the property would automatically pass to the survivor.
The situation would be different if the property was held by a tenancy by the entirety.
The simple answer is: Talk to the sibling with the copies. Incidentally, these copies may be outdated and not worth looking at. (On the other hand a copy of the trust may well be priceless if you're a beneficiary. In that case a copy would enable you to make certain the provisions are being followed by the trustee.)
Laws concerning trusts differ according to jurisdiction. In most cases, if you have no legal interest in these trusts, there is no reason for you to know their contents. If the grantor (your father) is still alive, You need to talk to him.
Assuming the grantor is deceased, generally, the trustee(s) (appointed by the grantor) have a fiduciary responsibility to see that all provisions of the trust(s) are followed exactly as the grantor had planned and instructed.
Upon the death of the grantor, if you have a legal interest in any of the trusts, the trustee(s) must inform you (as your interest in the trusts may be used by you as collateral for certain obligations, or fluid assets of the trust may be accessed directly on your behalf, for instance for real emergencies, education, and medical expenses). Usually the trustee(s) will see to these obligations without actually putting any money in your hands. (Although, on the other hand, if you're a beneficiary of the trust, which is often the case, you may be entitled to an income from the trust.) It depends on the laws of the state that the trusts were executed in, and how the grantor structured the trusts. Bottom line: If you can't talk to your father, you need to talk to a lawyer.
If there is a executor over a will what rights does the spouse have?
A wife has legal rights whether or not she is the executor. Most states have a statutory provision under the doctrine of election. Under that provision, a wife can claim a statutory share of her husband's estate if her distribution under the will is less than she would receive by law. You should consult with an attorney in your state who specializes in probate to determine what your rights are under the laws of your state.
As for the settling of the estate, the executor must be appointed by the court. Interested parties will be provided with an opportunity to object to the appointment of the named executor and the court will hear the objections. If the objections are serious enough the court will appoint a different person as executor. Once appointed by the court, the executor will have the power and authority to settle the estate under the provisions in the will and according to the probate laws under the supervision of the court.
Is it legal to scatter someone's ashes in a lake in the state of Indiana?
You can find information about Indiana and the disposal of human remains at the website below. There is also a citation for the state law that governs cremains.
What does an Executor release form look like?
RELEASE, RECEIPT, AND INDEMNITY
The undersigned, , hereby acknowledges receipt of payment of services on (Date)___________ interest in the residuary estate of Bonnie Jean Brill (a.k.a. Bonnie W. Brill) . The undersigned hereby releases and forever discharges and [executors], both in their capacity as independent executors of the estate of , and individually, of any and all claims of any kind which distributee ever had, now has or hereafter can, shall or may have, under the Last Will and Testament of decedent and with respect to the administration of the estate of decedent.
Distributee acknowledges that he/she has been provided with sufficient disclosure with respect to the terms, provisions, costs of administration and asset allocation prepared by executor. The undersigned hereby indemnifies executor, both individually and as the independent executors of the estate of decedent, from any and all liability resulting from the accounting and asset allocation in connection with the estate.
This receipt, release, and indemnity shall inure to the benefit of the predecessors and successors of all parties specifically released above and is binding on the undersigned, in his/her individual capacity and as a beneficiary under the Last Will and Testament.
SIGNED: ________________________
[Distributee]
SIGNED:________________________
[Distributor]
Can an executor make a beneficiary of a check give back the check?
The answer depends upon the circumstances. You can add more details on the discussion page.
A will is probated in the last state in which the person established residency.
