Estates

The power of attorney ends with the death of the grantor. Someone will open an estate in order to settle the debts.

The answer depends on the laws of the state of probate, because not all states have the same such laws. In general though, the executor can make such a loan, but with some limits. An executor has complete control and possession over all the assets of the estate and has the duty to invest those assets so that they earn the estate income during administration. In that sense, it is possible that an executor could make a loan to a beneficiary at an interest rate higher than what could be gotten if the funds were kept in an estate account. The loan would have to be made with a competitive rate of interest, because those monies would be in the estate account earning interest but are instead in the pocket of the beneficiary. The executor must make absolutely sure that the loan is protected from loss or he will have to pay for any losses.

All states have laws which are referred to as prudent investment acts or some similar wording. They describe the types of investments that executors may make. Some states might specifically prohibit such loans. Others might allow them, but may require more security than just the anticipated inheritance. Those laws must be reviewed first.

There are many dangers in making such loans so they are usually not done. Sometimes beneficiaries lose their rights to inherit or have their rights attached by creditors. If that happens, the executor cannot claim that he has given the beneficiary the inheritance ahead of time. The executor could find himself in the position of having a worthless loan with no security.

No. Joint property with the right of survivorship is a non-probate asset. It may help to think of jointly owned property this way: You both owned the whole property. When the other person died their interest in the property simply vanished. You already owned the property and so you "inherited" nothing.

When a person dies owning property and there are no known heirs the property 'escheats' to the state.

If one of several heirs can't be found their portion can be placed in an interest bearing account supervised by the court. If there is real property involved the executor must obtain a license to sell the real estate and the missing heirs portion can be placed in an account as stated above.

Yes, they certainly can. If they have a legitimate debt against the deceased, they file it with the executor. This will get paid before anything is distributed to the beneficiaries.

No. She must file the will with the probate court and request appointment as the executor. If she is appointed then she will have the authority to settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. The will and probate file becomes a public record once it is filed and you can monitor her activities as executor.

You should have the deed reviewed by an attorney or paralegal who specializes in real estate. It is often the case that corrective deeds make further errors and only compound the problem when drafted by non-professionals. No one who works in conveyancing would attack this problem without studying the deed.

No. When one joint owner of an account dies the account will become the sole property of the surviving owner with no need of probate.

Offer the owner a generous sum of money that will allow them to live somewhere else for the rest of their life.

Offer the owner a generous sum of money that will allow them to live somewhere else for the rest of their life.

Offer the owner a generous sum of money that will allow them to live somewhere else for the rest of their life.

Offer the owner a generous sum of money that will allow them to live somewhere else for the rest of their life.

tangible

You have your terms confused. An executor is the representative of a person's estate who carries out the provisions of the will. A trustee is the administrator of a trust. They are both called fiduciaries. Every fiduciary owes a duty to carry out their responsibilities in an efficient and expeditious manner. If they fail to do so then you can file a complaint in the proper court and have them replaced.

Simply tell the court you don't wish to serve. They will appoint someone else as the executor. If there are no family members willing to serve, the court will appoint an attorney or bank to do the work.

The best way is to create a deed of variation which would alter the distribution of the estate. Professional help should be sought.

No. Just send a copy of the death certificate to the creditors, they have to write it off. They may try to tell you that you have to pay, but you don't have to legally. The creditors do have the option of going after your father's assets/estate to pay the debt. Any of his debts will first be paid by his estate. If anything is left it will be given to his heirs.

You need to inquire at your local probate court.

Generally, the UK fiduciary would need to open an ancillary administration in Florida to have the power to deal with the land situated there or to have title pass to the beneficiaries. The state would accept the appointment made in the UK with the filing of exemplified copies. You should contact an attorney in Florida who specializes in probate who can explain your options.

You are going to need an attorney for this. It's best to spend the money to protect your rights in the Will. Just because someone is executor (male) executrix (female) doesn't give them the right to sell any properties, spend any monies (other than pay the deceased creditors or back taxes) and they have to account for every cent. It can get complicated if the Estate is a fair size so it's best to get legal advice as soon as possible. If you can't afford an attorney you can go through the court system. Also, if you type in "Google" then type in: Executor duties for the State of Texas From there you can ask google many questions about the Will. This can help lead you in the right direction. Be sure you know your law to some degree before you accuse your sibling of misappropriation of funds. They do have the right to spend some of the money in the case of writing off debts of the deceased, funeral costs, paying out-standing personal taxes or property taxes. They'd better be keeping books on this because the you can contest the Will if you feel the Executor has stolen funds, committed freud and they WILL be made accountable. Good luck Marcy

The only reason to make a counterfeit Power of Attorney would be to steal another person's property. It would be a criminal offense. You should report the person to the police and to the local district attorney's office and take with you any evidence you can obtain such as bank withdrawals. They may be arrested, prosecuted and punishment would be up to the court.

No. An 'executor' has absolutely no power or authority until they have been appointed by the probate court.

You need to file a motion with the court asking it to compel the co-executor to sign.

Most people do not charge for administering an immediate relatives estate. They can waive the fee and often do to avoid family squabbles. In some states the rate is proscribed in the probate laws. Consult a probate attorney in your jurisdiction for specifics.

When properly drafted by a trust expert a trust protects any property transferred to the trust.

When properly drafted by a trust expert a trust protects any property transferred to the trust.

When properly drafted by a trust expert a trust protects any property transferred to the trust.

When properly drafted by a trust expert a trust protects any property transferred to the trust.

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