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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
Can a Co-Independent Executor act on legal documents without the other Executor?
Yes, except when selling real property. In selling real property all co- independent executors must execute the document.
Generally, if the mother's estate was duly probated, the property was owned in fee by the remainderman. It would pass to his estate subject to the life estate. However, you should consult with an attorney who specializes in probate and the law of real property in your jurisdiction who can review the situation and explain the status of the property.
How do you calculate executors compensation when you are also a beneficiary?
The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.
The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.
The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.
The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.
How long does probate of a will usually last in Oklahoma?
Probate can be a long process. At a minimum it will take about 4 months. Anything under a year is considered pretty timely. There are some estates that are still open after decades of work.
If the deed says that they own it together with rights of survivorship, it will go to the spouse. Still, even if the one will says that she leaves her half to a child, the entire house will still belong to the surviving spouse if she dies first.
No. The deed will rule and the will shall have to adjusted accordingly.
If you are an estate administrator how long do you have to wait for a lien to placed on estate?
The periods are different in every state. You need to check the time period for filing claims for your state. You should ask the attorney who is handling the estate. If there is none then you need to check your state probate code.
What executors are allowed to probate a will in the state of Texas?
The executors that are appointed by the court. The court will issue a letter of authority to the appropriate executor(s).
Can a witness be the executor as well?
In the UK: Yes. Provided they have nothing to gain from the Will.
How long does it take to settle a will?
Probating a Last Wil can vary province by province. If the Last Wil is not contested by anyone, it might be able to be settled in as little as 6 months or two years. There is usually no set time for normal Probate because all Last Wils are different.
Will is never revised after divorce and husband dies Can wife still inherit?
In most states, a divorce automatically removes the spouse from the will. In that case the current wife will inherit most of the estate. You should consult a probate attorney in your state for the details and what must be done.
The rights you have to your mother's property depend on her will and a few other factors. The term "Community Property" does not mean that your stepfather is automatically entitled to all her property. That is a common misconception. The term comes from Spanish Law and has to do with income after marriage. You are in a state that has both Spanish Law and Common Law governing property as a ruling by the United States Supreme Court recently demonstrated. Other than clarify that common misconception, that is all I can tell you. You could ask your mother about her will.
In intestate cases probate proceedings begin when someone file a petition for?
The probate of an intestate estate is commenced when someone files a Petition for Administration.
How do you determine the owner in a deed of trust?
United States
Transactions affecting the title to land must be recorded in the land records. The status of a property can be determined by searching through those records by the owner's name or the address.
In some jurisdictions a deed of trust is the term used for a mortgage. The grantor in a deed of trust mortgage would be the owner of the property as long as the provisions and obligations under the mortgage are fulfilled. The grantee in the deed of trust holds title on behalf of the lender until the note is paid. Once the note is paid they must transfer title back to the owner. In the case of a default, no court process is required to foreclose and take possession of the property.
There is another category of trust deeds. Generally, a trust deed (sometimes referred to as a deed of trust) refers to a deed by which real property is conveyed to the trustee of a trust. A trustee holds legal title to trust property on behalf of a trust. You may need to do further research regarding the trust. However, trust documents are not always available for public review so it is not always possible to determine who benefits from the trust.
In some jurisdictions the trust document is recorded in the land records. That document may reveal the beneficiaries of the trust. If state laws do not require that the trust document be recorded in the land records then the details of the trust will remain private.
Yes, as long as the court concurs. If there are enough assets to cover the debts without selling the property, they can create a trust. This is often done for minors.
Can a granter of a life estate terminate it at any time without the permission of the grantee's?
It will depend on the laws in the specific state. Some will allow it, others will not. Some feel that if they granted to estate, they can take it away. It is likely to cause a lot of ill feelings. You really should consult an attorney.
The answer depends on several factors. If your aunt died owning any property her estate must be probated. If she died testate (with a will) her estate will be distributed according to the terms in her will. If she died intestate (without a will) her estate will be distributed according to the state laws of intestacy. Under the laws of intestacy in most states you would be entitled to your father's share. You can check the laws of your state at the related question link below.
Report the incident to law enforcement but you are going to have to be able to offer the police SOME evidence that an attempt to drug, or poison, you was made. Unsubstantiated allegations are not enough.
Yes. Judges have the authority to render decisions that affect the ownership of real property. You haven't included all the details such as the reason for the order. The executor's actions must have been questionable and the evidence went against the validity if the transfer.
Does a surviving spouse in Texas have to get surviving children to sign before he sells his home?
That depends on how you and your spouse held title to your property and whether the surviving children are the children of both the decedent and the surviving spouse. You should consult with an attorney.
Any property owned by the decedent will pass according to their will or the state laws of intestacy if they had no will. You may have an interest in the property as the surviving spouse depending on the laws of your state both as an heir-at-law and possibly under the doctrine of election. You should consult with an attorney who can review your situation and explain your options under your state law. You can check the laws in your state at the related question link provided below.
Can the administrator of an estate sell property without the heirs permission in North Carolina?
Court appointed administrators of estates do not need the heirs' permission to act. They are given the authority to settle the estate according to state laws. The land may need to be sold to pay debts. In that case, the heirs can arrange to purchase the land from the estate so the debts can be paid. If you have questions about the estate administration you should contact the attorney who is handling the estate or a private attorney who can review all the details and explain your options.
Court appointed administrators of estates do not need the heirs' permission to act. They are given the authority to settle the estate according to state laws. The land may need to be sold to pay debts. In that case, the heirs can arrange to purchase the land from the estate so the debts can be paid. If you have questions about the estate administration you should contact the attorney who is handling the estate or a private attorney who can review all the details and explain your options.
Court appointed administrators of estates do not need the heirs' permission to act. They are given the authority to settle the estate according to state laws. The land may need to be sold to pay debts. In that case, the heirs can arrange to purchase the land from the estate so the debts can be paid. If you have questions about the estate administration you should contact the attorney who is handling the estate or a private attorney who can review all the details and explain your options.
Court appointed administrators of estates do not need the heirs' permission to act. They are given the authority to settle the estate according to state laws. The land may need to be sold to pay debts. In that case, the heirs can arrange to purchase the land from the estate so the debts can be paid. If you have questions about the estate administration you should contact the attorney who is handling the estate or a private attorney who can review all the details and explain your options.
The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.
Of course, it depends on the details and you have not provided any.
The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.
Of course, it depends on the details and you have not provided any.
The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.
Of course, it depends on the details and you have not provided any.
The executor's action's should be reported to the court immediately. Generally, the executor must post a bond with the court to insure their proper handling of the estate. You must ask the court's opinion on how to handle this situation.
Of course, it depends on the details and you have not provided any.
