Estates

Section 43-8-41 ===Share of the spouse:=== The intestate share of the surviving spouse is as follows: (1) If there is no surviving issue (children) or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate; (3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate; (4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate; (5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter. Section 43-8-42 ===Share of heirs other than surviving spouse:=== The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue (children) of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (2) If there is no surviving issue, to his parent or parents equally; (3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation; (4) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.

It is possible. This answer first depends on the laws of the state which has jurisdiction over the suit. It then depends on the type of lawsuit it is. Typically, medical malpractice resulting in death is a Wrongful Death action. A Wrongful Death action exists to compensate the dependents of the decedent for the loss of income they would have received during their dependency on the decedent had the death not occurred. The parents of a married son are not dependents, therefore they suffered no loss therefore they have no standing to file a Wrongful Death action. Proceeds of a Wrongful Death action are not payable to the estate of the decedent. However, along with most Wrongful Death actions is what is called a Survivor Action. The Survivor Action is for compensation for the decedent's pain and suffering as a result of the malpractice. Had the decent lived, he would have the right to sue for pain and suffering to compensate him for that. The death of the person does not alter the fact that that action exists, otherwise the doctor would almost be better off if the patient dies than if he lived. The Survivor Action does not die with the decedent. The proceeds of the Survivor Action DO become part of the estate and are available for distribution to the intestate heirs or to the beneficiaries under the will. In the event that the parents are the sole beneficiaries under the will, they would be the ones entitled to the Survivor Action proceeds. The wife would have no standing to bring the action and perhaps not interest in it either. In that situation, the parents could bring a Survivor Action only; but the point is they could file "a lawsuit". In the event that the decedent died without a will, the proceeds would again go to the estate and be distributed to his heirs. Many state laws have provisions that if a person dies with a spouse but no children, then the decedent's parents might also receive part of the estate along with the spouse. Once again, if the wife decides against filing, and if the parents would be entitled to a part of the estate, then they would have standing to file a Survivor Action lawsuit to at least recover their share of the proceeds.

In Texas the will should go through probate. That makes sure all the debtors are satisfied and that the will is executed properly. It also makes sure the appropriate taxes are paid.

The person who creates the irrevocable trust is the one who appoints the trustee, because it is his or her trust. It is similar to the right of a person to name an executor in a will. The creator of the trust, sometimes called the settlor, has the right to choose a person he trusts (hence the name "trustee") to handle the property in the trust and to carry out the terms of the trust. In the event that the trustee(s) named in the trust instrument are unable for any reason to perform their duties, the named successor trustee will assume the duties. If no successor is named the probate court can appoint one.

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.

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.

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.

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).

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.

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

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.

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.

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.

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.