Estates

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

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.

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.

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.

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.

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.

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.

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

Generally, yes. As long as the repairs are reasonable and necessary. There are times when repairs must be made in order to be able to sell the real estate or to close the deal when an offer has been made. In that case the repairs are definitely a reasonable expense. In fact, that type of decision is the responsibility of the executor. The executor should always consult with the attorney who is handling the estate when money matters are at issue. Mishandling of estate assets can result in personal liability.

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.

From LegalZoom.com

Uniform Probate Code States

Some states have adopted the Uniform Probate Code, including the section on how to compensate the executor of a will. In these states, no specific amount or fee is set by law. Instead, the probate code gives the probate court the discretion to determine what percentage to pay the executor, as long as that amount is "reasonable." The burden is placed on the executor to demonstrate that the monetary percentage she wants is reasonable and will not unduly deprive any of the estate's beneficiaries. As of 2011, the states that had adopted the Uniform Probate Code were Alaska, Arizona, Colorado, Hawaii, Idaho, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, North Dakota, Pennsylvania, South Carolina, South Dakota, Utah and Wisconsin.

No. Ownership of joint property passes automatically to the surviving joint tenant and does not become part of a decedent's estate.

In the UK: No. If you are confident no claims will be made against the estate and or you have waited the statutory period before distribution then you can make an interim distribution. It is wise to hold some funds back however in case the house does not sell for a long period of time and estate funds are needed for repairs

If your father-in-law QUITCLAIMED his property to his three children and the deed was recorded in the land records before his death then his widow has no rights in the property. It was not in his estate when he died.