Estates

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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.

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.

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

You need to check the laws in your particular state since state laws vary regarding the drafting of wills. In some states a child need not be mentioned in a will and the disinherited child can do nothing except try to challenge the technical validity of the will. In some states the testator must mention in the will that they have intentionally omitted their child(ren) or the will can be vulnerable to challenge. A minor child cannot be disinherited.

If you have further questions you should consult with an attorney in your area who specializes in probate law.

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They are informal in nature. They do not require written evidence for their operation. They both rely on intention although the role of intention in constructive trusts is far more positive. The court must be satisfied that it was intended that the non legal owner would acquire an equitable interest in the property or it must be inferred from their conduct before they can impose a construsctive trust. In a resulting trust the intention is presumed and need not be express. The intention that the non legal owner is to own a share can always be rebuttted by evidence for example that it was a gift.

Well, if no one has a copy of the lease then it cannot be enforced. Before you decide to breach it you should make certain there is no copy and you provide a thirty day notice in writing if you decide to move out. You should try to leave on good terms with the landlord. You should also leave the premises clean, in good repair, leave no trash, and take lots of photos that show carpets, fixtures, sinks, toilets, tubs, counters, doors, appliances, etc., all in good condition and clean so that you will be entitled to get your security deposit back. Many landlords go after tenants for costly damages when they vacate the premises.

That will depend on the laws in your jurisdiction. In most cases the spouse has rights in all real property. That would include a house owned by the deceased.

A null and void title would indicate that the deed that created it contained such serious defects that it failed to convey the fee. The problem may be as simple as the person who conveyed the property didn't own it. The deed would be null and void. However, there are dfferent laws in every state that can render a deed null and void. In some states it takes a substantial problem to nullify a deed. In some states one tenant by the entirety cannot convey their interest. If they executed a deed it would be null and void. In Massachusetts there is nothing in the law to prevent one tenant by the entirety from conveying their interest subject to the survivorship rights of the other tenant. I recently heard of a situation in Connecticut where a fiduciary inadvertantly recited warranty covenants in their deed. Fiduciaries are not permitted to give warranty deeds. Instead of extinguishing the warranty covenants by a simple operation of law- under Connecticut law the deed was considered null and void.

Yes, through proper legislative or judicial procedure.

Yes.

An estate has to be opened for your deceased daughter. That check will be deposited into the estate account. You need to consult an attorney about an estate if you haven't do so already.

In 2007, a two-bedroom house would range from $250,000 to $400,000 depending on other factors (location, condition, etc.). A two-bedroom condo, a bit less.

The person you choose to be your executor should be able to hire and work with a local attorney if necessary, manage the settling of your estate and interact with the probate court. If they live far away they would need to appoint an agent to act for them, and pay that agent for their services.

The executor has the responsibility to maintain the value of the estate. In some cases this will include renting property. If there is any doubt about whether this is a good idea, they can request permission from the probate court to do so.

With the rate of inflation over the years..it could probably be something in the region of £2,500 to £3,000..however..this is just a wild guess..and you would be well advised to speak to your local Bank or Insurance broker who would be in a better position to guide you further...or put you in touch with the local stock market.

I believe £1.00 sterling in the early 1900's had a value equivalent of roughly around £70.00 at 2008 rates. Please don't hold me for it though! [syed Amir]

This varies from state to state, but most divorce decrees will include making the will void as it applies to the spouse in question. Consult the divorce decree and a probate attorney to find out what happens in your state. ==Additional Comments== In Massachusetts any provisions for a spouse expressed in a Will made prior to the divorce are automatically revoked by a divorce decree unless there is specific language also contained in the Will to contradict that operation of law. It's best to check your state statutes. Most states have adopted laws that provide that if there is a divorce, the gift to the wife and the appointment of her as executrix are automatically revoked unless the will says differently.

The money was for the son not the Daughter in law. NO if the son had children the put one of the kids names on the account now to receved it at the age of 18. If he had no kids then find another family/friend to put the account under. and remove the sons name from the account. The majority of joint bank accounts are held in Joint Tenancy With Survivorship Rights. Such s designation means that upon the death of one of the account holders the funds automatically revert to the other account holder(s) and are not subject to litigation or probate procedures. If the signature card does not stipulate how the account is set up, state default law applies. If the signature cared indicates something other than JTWSR the account is subject to partitioning by probate court.

Not if the writer of the will is still alive. Beneficiaries are entitled to know what a will says about their inheritence after the testator passes away.

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Of courseit is your right to get some of your mothers posetions because she was your mother and those are the things that you remember seing and doing and using when she was aliveand it was wrong for your stepfather to nit give any of it to you, and it is equaly as wrong that after he passed on that his family hasn't given you anything.

The executor is entitled to compensation for their time and effort. The court will approve the payment at the going rate.

It depends. If the deceased had a spouse (or if he was in a polygamous marriage) but if he had no descendants, the spouse (or spouses) will inherit the estate. If there are only descendants but no spouses, then it will be they who inherit the estate. In case there are both spouse(s) and descendants, the spouse will receive R125 000 and the balance will go to the children. Also, if there are neither descendants nor spouses, the parents (or one parent and the other descendants of that parent) will split the estate equally.

No. It's your Will, and those wishes must be followed. The only thing that will happen is that probate will come into effect after the death of the person, all creditors, house/property taxes and personal taxes are paid off. What is left in the estate after that goes to the person(s) you have named in your Will. ==Additional Information== In Texas, the right to inherit from a biological parent is not cut off by termination of the parent-child relationship, UNLESS the order terminating the relationship so provides. One of my colleagues was involved in a case in which an adopted child, then an adult, was able to unseal the file in which the parent-child relationship was terminated. She used the argument that the right to inherit gave her the right to the information. Having said that, Texas does not have forced heirship. A properly signed Will can disinherit a child, including one from a terminated relationship. A child born after the signing of a Will in which the Will does not provide for after born children is treated as if the child had been included in the Will and the same as the testator's other children or, if the testator had no other children, the child gets the share the child would have gotten had the decedent died intestate.