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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 someone file for a claim of debt against the estate that they are listed as a beneficiary?

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.

Can your step mother as executor do what she wants with dads property?

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.

How do you fix a typo on a grant deed Instead of typing in square footage of 150 on the property it read 130 square footage. How can this be fixed?

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.

How does rights of survivorship work for personal property?

If ownership of personal property is set up properly then the surviving co-owner will be the sole owner upon the death of the other party. Bank accounts that are set up as joint accountswill become the sole property of the survivor. Your bank will advise you regarding the requirements in your state.

Ownership of a motor vehicle can be set with right of survivorship. The method varies from state to state and you must check with your state department of Motor Vehicles to determine how it is done in your state. In some states you only need to apply for the Certificate of Title in two names using "or". For example, "Marianne McCarthy or James Kennedy" with both parties signing the application. In other states the Certificate of Title must add the words, "as joint tenants with the right of survivorship".

You and your father have a joint savings account separated by 'or'. When he dies does the the money go to probate?

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.

What is a way to go around a lifetime dowry if the person is still alive and living on the property?

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.

How long does the executor of a revocable trust have to settle an estate in Tennessee?

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.

You were listed as an executor on a will and do not wish to fulfill those duties how can you be removed?

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.

In the state of Nevada are family members responsible for paying the debts of their deceased father?

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.

If a person dies domicile in UK but owns a property in Florida and probate is granted in UK does further probate have to be granted in Florida or do UK USA reciprocal arrangements apply?

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.

What can you do when you are an heir to an estate but your sibling is the executor and you suspect misappropriation of funds in Texas?

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

If someone make's up a fake Power of Attorney what would be the punishment?

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.

Can an executor gain access to bank deposit box before probate?

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

One executor won't sign the estate accounts?

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

How much does an estate administrator for his mothers estate make?

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.

Does a trust protect all assets?

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.

What does beneficially owned mean?

AnswerWhen changes to shareholders are notified to ASIC on the Form 484, the question 'beneficially owned?' must be answered. This question is asking whether the shares are owned by this shareholder or are held in trust by this person for the benefit of another party. If the shares are not held in trust, the shares are beneficially owned by the shareholder. If the shares are held in trust for another party, the shares are not beneficially owned by the shareholder. Occasionally shares may be held in trust and change back to being beneficially owned, or alternatively, may originally be beneficially owned and change to being held in trust. If a change to this beneficial owner status takes place, this must be notified to ASIC on the Form 484 within 28 days of the change.

Damien Wayne net worth?

Damien Wayne's net worth is about 1 million dollars. He is a professional wrestler from the United States, and is 42 years old.

Who is next of kin parent or child of patient?

Generally speaking, if the patient has children (or a spouse and children), they are the legal next of kin. If no children (and no spouse), the parents are the next of kin.

What happens in a divorce where one party has a lifetime right to property and the other has full ownership rights by the deed?

If the parties cannot agree on a resolution the court has the authority to modify the tenancies as part of the distribution. Or, the parties can leave arrangement as it is.

Is a wife a heir?

Yes. Most inheritance laws make the surviving spouse an heir to a major portion of an estate if there is no will.

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