Estates

To sue the estate of a deceased person with no will, you would typically need to file a claim in the probate court where the person lived. The court will appoint an executor or administrator to handle the estate and the lawsuit. It's advisable to consult with a probate attorney to guide you through the process.

To sue the estate of a deceased person, you typically need to file a claim in probate court against the estate. The court will appoint an executor or administrator to handle the estate's affairs, including the lawsuit. Make sure to follow the legal procedures and deadlines set by the court.

An executor is responsible for carrying out the wishes outlined in a will, which typically includes distributing assets as instructed. In general, an executor does not have the authority to override the instructions of the testator or make decisions that go against the will's provisions. The executor's role is to fulfill the wishes of the deceased individual as outlined in their will.

Yes, for several reasons. The named individual may decline, may be deceased, may be unable to serve for some reason, or the court may respond to objections by interested parties and appoint someone else.

In Maryland, an executor typically has nine months from the date of appointment to settle an estate. However, this time frame can be extended if necessary by the Orphans' Court for various reasons. It is important for the executor to communicate with the court and beneficiaries to ensure timely completion of the estate settlement.

Once he estate has been duly probated the property belongs to you absolutely. However, once it belongs to you it is vulnerable to any creditors of yours. If you are sued for a debt and the creditor is successful it can record a lien against the property.

In community property states, assets acquired during the marriage are generally considered joint property regardless of the will. However, the specific laws vary by state, so it's advisable to consult with a lawyer to understand the implications for your situation. A spouse may still be entitled to a portion of the assets depending on the state's laws and individual circumstances.

A trust must be managed according to the provisions set forth in the document that created the trust. Therefore, you must review your trust to determine how/if it can be amended. Trusts should always be drafted by an attorney in your jurisdiction who specializes in trust law.

The proof is in the estate that was duly probated in the probate court. When a person dies owning real property their estate must be probated in order for legal title to pass to the heirs. The judgments filed in the probate court provide proof of title.

Generally, if the parent left any property, that property must be used to pay the decedent's debts before any property cab be distributed to the heirs. If the parent left no property the creditors are out of luck unless the children had agreed to pay the debts prior to the parent's death.

No. The heir has no right to the funds set aside in the special needs trust. A living donor set that trust up with their own property and the heir has no rights to that property whatsoever. The trust is not responsible in any way for a sibling who was disinherited. Parents are allowed to disinherit their adult children.

Codicils are legal documents used to make changes or amendments to an existing will without rewriting the entire will. They must be executed with the same formalities as the original will and are used to add, revoke, or modify specific provisions in the will. While codicils can be effective in certain situations, it's often recommended to consult with a legal professional to determine if a codicil is the best option or if creating a new will would be more appropriate.

Of course not. If the beneficiary has reason to believe the executor is mishandling the estate they should complain to the court that appointed the executor immediately and ask the court to review the situation.

The law of inheritance in Islam was revealed during the time of the Prophet Muhammad, through verses in the Quran. It outlines rules on how an individual's wealth and property should be distributed among heirs upon their death. The laws of inheritance are considered an important aspect of Islamic jurisprudence.

No. A Last Will and Testament does not become void. However, the longer it remains unprobated the likelihood that the property will disappear increases. Also, the estate may be probated as an intestate estate if the Will is not found in a timely fashion.

In Pennsylvania, the time frame to settle an estate can vary depending on the complexity of the estate, whether the deceased had a will, and if there are any disputes among beneficiaries or creditors. Generally, the process can take anywhere from six months to several years to complete.

In Illinois, there is no strict deadline for the executor to settle the estate after a death. However, it is generally expected that the executor will complete the process within a year of being appointed. Delays could occur due to the complexity of the estate or legal challenges.

A trust becomes effective as soon as it is fully executed. Property can be transferred to the trust immediately. Trusts should always be drafted by an attorney who specializes in trust law in your jurisdiction so that the trust will meet your personal needs and your questions can be answered by someone who is familiar with your trust.

Yes, a Trustee can generally also act as Secretary of a trust. However, it is important to check the trust's governing documents, such as the trust deed or bylaws, to ensure there are no restrictions on holding both positions. Transparent communication and proper documentation of decisions are key to avoid conflicts of interest.

The settlement would pass to that person specified as the beneficiary of the settlement in the Will by the testator. If the settlement was not specifically mentioned it would pass to the heirs under the residuary clause of the Will. The residuary clause devises any property that was not specifically devised in the Will. If there is no residuary clause in the Will then that settlement would pass according to the laws of intestacy in the jurisdiction.

The answer depends on the details and the laws in your jurisdiction. Generally, you have no claim at all if you used the premises with the permission of the owner. If you openly occupied the property continuously without the permission of the owner you may be able to bring an adverse possession action in court. You should consult with an attorney in your jurisdiction. The laws vary in different jurisdictions.

Yes, a will can be valid without a residuary clause. If assets are not specifically designated in the will, they will pass according to the laws of intestacy or another legal mechanism determined by the jurisdiction. It is still recommended to consult with a legal professional to ensure that your wishes are clearly outlined in your will.

Inheritance laws vary by jurisdiction, but in many places, a daughter-in-law can inherit property from her spouse or other family members if they are named as beneficiaries in a will or if the law allows for it. It is important to consult with a legal professional to understand the specific inheritance laws that apply in the relevant location.

The only time limit set by the laws is the amount of time that is allowed to pass until estate taxes are due. This is usually 9 months following a decedent's passing. As far as a time limit to settle an estate, this depends on many factors such as the allowance of claims against the estate, if there is contesting and fighting among the heirs or individuals who are not heirs, etc. There are some estates that have not been settled and the individual has been deceased for decades. I am sorry to tell you this, but as far as your question is concerned the answer is no, not until all factors in the process that have been met then at that time the property may and must be distributed unto the rightful beneficiaries. The only time limit is on fees and taxes.