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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
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.
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.
No. The deed will rule and the will shall have to adjusted accordingly.
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.
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.
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.
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.
What fee can an executor of an estate charge in California?
I practice in California. I will tell you how it works generally in CA.
In CA, the deceased names the executor in their will. If the named executor declines, then any other interested person can petition the court to be named executor. The named executor has 30 days after notice of the death of the decedent or they can be deemed to have waived the right to appointment as personal representative.
If there is no will/executor, the public administrator in the county where the estate will be administered will petition the court to be named as the public administrator (i.e. executor). The public administrator, as well as the attorney for the public admininstrator, is entitled to the same statutory fees as a private executor. In CA the fees are set forth as a tiered percentage of the gross estate value.
For an estate valued at $200k, the percentage is 4% of the first $100,000, 3% of the next $100,000, and 2% of the next $800,000.
As to whom to select, there are pros and cons as you probably guessed. A family member may know the family better, and may know the deceased person's wishes better. A family member may also keep administrative fees down. But, a family member may not be experienced with handling estates, or may not be impartial. A public adminstrator may not know the family as well, may incur higher administrative fees, but has experience in adminstering estates, and has no emotional bias.
First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.
First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.
First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.
First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.
How do you respond to a denial of claim of inheritance?
You can contest the will if there is one. You will need to consult a probate attorney for your options in your jurisdiction.
What are the qualifications for an executor of a will?
An executor of a will is responsible in distributing the property according to the twill. Qualifications for an executor include being over the age of 18, not have committed fraud or wrongfully neglected the estate, not be a business partner if another person with an interest in the business objects, not be subject to a conservatorship and to be a US resident.
