Estates

Yes

First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.

First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.

First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.

First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.

Yes. Make certain the person has directed you to do it and make certain the money is used for their benefit.

Yes. Make certain the person has directed you to do it and make certain the money is used for their benefit.

Yes. Make certain the person has directed you to do it and make certain the money is used for their benefit.

Yes. Make certain the person has directed you to do it and make certain the money is used for their benefit.

The answer depends on the nature of the power of attorney and what you mean by 'exclude'. Generally, a Durable Power of Attorney gives the attorney-in-fact the power to sign legal documents and carry on all the business of the principal even if the principal becomes incapacitated and as long as the principal is living. The POA expires upon the death of the principal.

The document that created the POA should recite the powers that are granted and many powers are provided by state law. If during the course of performing their duties and exercising their power the AIF exceeds their authority, they may be liable for any damages suffered by the principal or others. If you think the AIF is acting in a way that exceeds their power you should consult with an attorney who can review the situation and advise you of your options.

Yes, you can do that. Power of attorney actually gives you limitless powers to act on your fathers behalf. So, since your father can add you to his bank account if he wants, you being the one with his power of attorney you can do the same thing, you can do anything you want on behalf of your father and it is perfectly legal.

If the estate includes any assets that are in your father's name alone then his estate will need to be probated. If that is the case, you and your mother should arrange a consultation with an attorney who specializes in probate who can review the situation and explain your options.

The Executor is entitled to 7% of the first $1000 in probate assets. Then that goes down to 2% for all probate assets over $50,000. The Executor is also entitled to 1% of all the non-probate assets. Although, as always, there can be variants to that based on the circumstances.

Yep.

A life estate is measured based on the life of the benificiary and is applied to whatever property they got the grant in. If two people are given a life estate in the same piece of property, it will be measured on the life of the longest living one. You could have any number of people given a life estate in a trust or property.

There is generally no specific time limit on an estate staying open and active. Some estates are much more complicated than others and may involve litigation that would delay completion in what otherwise would be a reasonable time for completion. Most states require completion in a prompt manner depending on the nature of the estate. In New Jersey, after 1 year, beneficiaries can have the probate court order the executor to file an intermediate accounting showing the status of the estate and explaining why it is still open. If the executor is delaying things unnecessarily, the court might remove him/her and appoint another. Check the laws of the jurisdiction where the estate is to find out the specifics of that jurisdiction.

It means that the trustor, or maker of the trust, retained the right to terminate the trust and recover the trust property. That type of trust has tax consequences for the trustor and may leave the property exposed to creditors.

An irrevocable trust takes all power over the property out of the trustor's control and out of her/his estate.

You need to review the trust document for the answer to your question. It should contain a provision for distribution of the share of a deceased beneficiary. If the trustee has died a new trustee needs to be appointed to make the distribution. The trust document should also have provisions for the appointment of a successor trustee.

As a general rule, the surviving spouse can at least claim his/her community property interest in the property; the balance of the prop interest would be subject to claims by the decedent's heirs at law (children, siblings, parents, etc.). If there are no such heirs at law, then the surviving spouse should be able to claim 100%.

Yes.

Yes, if the court is provided with compelling enough evidence to render a decision that the life estate should be extinguished.

The identity of successor trustees and the procedure for succession will be plainly specified in the provisions of the trust instrument. Judicial involvement would be necessary for naming a successor trustee or a procedure thereto beyond the terms of the trust instrument. Citing the lack of a disinterested trustee would be a valid basis for petitioning a court to change the identity of a successor trustee beyond the operation of the terms of the instrument, but the court's question would be why was the individual thought likely or even certain to be disinterested when the trust instrument was originally drafted.

Since this is the adoption category I assume you mean not the biological grandchildren but foster kids who have never been adopted. And no, they have no right at all to anything their foster family leaves behind unless they are mentioned in the will.

If you mean biological children they inherit their parents who in their turn inherit their parents, your grandparents. So unless the grandchild is mentioned in the will or the parents are deceased, the grandchild will not inherit the grandparents.

Typically, yes. There is no one there to insure that it isn't broken into. If something goes wrong, there isn't anyone to take immediate action to get a leak fixed, or call the fire department or to stop someone breaking in and taking things out of the house.

The heir deed is property that is actually divided among the legal heirs of the late person, according to his will.

If there is no signed Will (do a search on it) then there is no probate unless this person owns property or has accounts. A search will be done anyway. If there is no note with a date, signature by the deceased as to his wishes re personal effects, truck and motorcycle then this will not stand up in a court of law. It's "verbal heresay." Life insurance can be used to pay off any outstanding debts of the deceased (but seldom is .. check with the Insurance Company.) If the truck and motorcycle were promised to someone such as yourself, then (I shouldn't say this) take it as long as there are no siblings or other relatives that may want it. The elderly will often give away jewelry, etc., to their children long before they pass away and that is legal and a wise thing to do. Verbal heresay holds no bearing and this can often cause big fights in families. Sometimes the elderly get confused and will promise a car, property or expensive jewelry to one of the children or even a friend, then later forget and promise it to someone else. There isn't much you can do about this. In the majority of states when a person dies intestate (w/o a valid written document), ALL property not specified as exempt under state probate laws must be entered into probate proceedings. Before disposing of any assets or real property you need to consult the state statutes or a better option would be to speak with a qualified attorney. This is especially important if the deceased had outstanding debts, by law creditors have the right to file a claim against any and all property left by a deceased that is not protected in accordance with state statutes. If family members take or sell any nonexempt property without the approval of the court they may be held responsible for repayment of any debts owed by the deceased. Property that was given before his death obviously is not affected by probate or other state laws. Additional information: There would be serious consequences regarding the real estate: it could never be sold because the title did not pass legally to the heirs. That is accomplished through the administration of the estate duly allowed by the appropriate court.

Taxable gross income includes professional fees paid to you.

not if she made more money than you did.

Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.

Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.

Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.

Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.

The debt is owed to the estate. The executor has a duty to collect it. The money can be credited toward her share of the estate if there is enough to cover it.