Estates

You cannot "dispute' a beneficiary unless you have objections to the will on technical grounds, you think the will is a forgery, the testator was incapacitated when the will was executed or you think there was undue influence on the testator. In that case you must file an objection during the statutory objection period and be prepared to show evidence to the court that supports your claim. The judge will decide.


If you think that person shouldn't have been given that certain gift or that certain amount then you won't have any success in your objection. The court's focus is to carry out the wishes of the testator.

It sounds as though the mother has conveyed the property from herself alone to herself and her three children as joint tenants with right of survivorship. In this situation all four have a present interest in the property and all four would have to sign the deed to convey their ownership interest.

Depending upon the state and the trust rules, when the expenses of maintaining a trust exceed its value, they can liquidate the estate. Check with a trust attorney in your state.

Anybody can write a will. However, only the individual can write a will for their own property. A power of attorney does NOT give the individual the ability to write a will for the grantor.

The trustor is the person who executes the trust and transfers their property to the trustee. Since a trust cannot act for itself, the trustee is the entity named by the trustor to manage the property held by the trust. The trustee holds title to the trust property.

A spouse should not be a witness to a document.

A spouse should not be a witness to a document.

A spouse should not be a witness to a document.

A spouse should not be a witness to a document.

My sister was appointed as Independent Administrator of my mother's estate. We are about to finalize everything in 30 days. My sister has given me a brief outline of the cost of her time in executing the estate. They are EXTREMELY high! is there any way to dispute her fees for herself? Getting into a huge argument won't be a big deal, that's already happened! Our probate attorney (which I paid half of the initial retainer for) let me know that she represents my sister and my mother's estate, not me.

Personally they are not responsible for anything. As the executor of the estate, they are responsible for maintaining the estate so most utilities are going to be good.

if you received any property by will written with testator then, the property is consider as inhertied property. this is applicable when the testator has heridty with your family. otherwise it is considered as self acquired property. another way, the property is inhertied when it completed 4 generations with out any divide in middle.

That property should be made a part of the divorce negotiations. The attorneys should be made aware of the trust so a decision can be made between the parties or by the court as to the disposition of the property.

It is unknown what you mean by your "reputed" husband. Either you were legally married or you weren't. The law differs in different jurisdictions. You need to invest in a consultation with an attorney who specializes in property and probate law who can review the title to your property and determine if your husband could sever the tenancy under the laws in your state.

In some jurisdictions one joint tenant with the right of survivorship can sever the survivorship of the other by executing a deed either to a third party, or through a straw, eventually receiving the interest back in a tenancy in common. That would sever your survivorship rights and you would only own a half interest in the property.

Some jurisdictions prohibit a spouse from conveying their interest in a JTWROS unless their spouse signs their consent. You need to obtain expert legal advice for your particular situation as soon as possible.

no way not in a million year's.

The executor doesn't borrow money to pay off heirs. They get paid from the remaining estate, according to the provisions in the will, after the debts have been paid. If there is nothing left then the heirs get nothing.

As to "how long", it depends on how complicated the situation is; an executor is expected to act in good faith with all reasonable and prudent speed, but the law does not require that the executor work miracles. If a substantial part of the estate is non-liquid assets, it could legitimately take longer for the estate to settle than if it were primarily cash.

Yes. ANYONE named in the will is eligible to be included in the inheritance.

On the other hand, if the decedent died intestate (without a will) their property would pass according to the state laws of intestacy. In some states, children by a former marriage would automatically inherit a share. You can check the laws in your state at the related question link.

my ex passed away in June and me and our 2 kids get social security each month, but I'm not sure if that is for everyone or not.

When property is owned as joint tenants with the right of survivorship the property is NOT part of the estate of the first joint owner to die.

The trust instrument should provide for the appointment of a successor trustee and for the distribution of the trust property. If it doesn't then a judge will need to address the issue.

No. The surviving spouse has the right of election under Pennsylvania law. A wife cannot be disinherited. She has the right to one-third of her husband's estate. You can read more about it at the link provided below.

Dionysis is the Greek God of wine, son of Zeus and the mortal Semele

There wouldn't normally be liens on the inheritance...but on the assets in the estate, which can't be distributed and become an inheritance until they are settled by the estate.

You can decline to act as attorney-in-fact.

Unless he listed the fiancee in the will or made her a beneficiary on insurance or 401k, etc., she has no rights in any way to his property. If he owed money to you for a car or house, you could invoice the estate, but you would need a written agreement.

It depends on the creator of it. Some have it setup to create a trust on death...others have both. I have one trust I used more for investment reasons...but will have another that is death spefiic rollover only.... via a rollover will. The investment trust is the real trust, the created-by-death one will terminate immediately when it has zero assets. Ie; the death one wont exist till its funded at death. The other will already exiswted for variety of reasons.

You can go to the judge or a lawyer and ask to be co executor or to require that the estate be settled. Wills and trusts can be broken, you just have to consult the right person.