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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 siblings force a sale of inherited property in Indiana?

It depends on how the estate was distributed. If the property was left to a specific person, no, they cannot force the sale. If it is part of the estate in general, they can force the sale or require the person who wants it to pay them for their share.

How can you keep custody of a sick and dependent parent when another sibling is trying to take guardianship and place them in an old folks home against their will and seize all their assets?

You must file an objection to the guardianship and show up in court the day of the hearing and explain your objections to the court. You can request to be appointed the guardian. You should request the court appoint a guardian ad litem to protect your parent's interest in the interim and an investigator to analyze the situation and report back to the court. You may want to consult with an attorney who can review the situation, explain your options and draft your motions to the court.

2 people sign for a hse and one person only makes 2 payments and abandons the agreement The fist person now wants to take off the abandoned party but the abandoned party wants money What can you do?

If 2 people enter into a rental/ownership agreement for an amount of time, the contract must be upheld. If one person leaves, then they are obligated to either continue making payments or find a new tennent to take his/her place in the house. The person who remains in the house can take the other person to court for breach of contract. In the mean time, a new tennent must be found and keep all evidence that ads were placed and effort was made to fill the vacancy. If it is brought before a judge, this will help in court.

Several attorneys have told you your siblings can charge you and your live-in boyfriend rent for living in shared inherited property from your deceased parents is that accurate?

Not only can they charge you rent which you should gladly pay because they now have a vested interest in that property, they can choose to sell it, unless in the will it was stated otherwise. I would come to a compromise with them before your out of place to live. A house inherited is a gift to all but it is also an expense to upkeep and maintain. Let's say a house is worth $300,000 and there are 3 kids involved. Well, that could mean 100,000 each if they sell and no headaches. Now you have one sibling living in a place and theres is no income coming from the place, either by renting or selling, but there is still upkeep and maintainance. You cant see their point of view because your not shelling out anything and getting to stay in the place for free. If you can buy out their shares and the house can be yours. If not be fair buck up the money to live there and be prepared to pay for most of the maintainance yourself because you are using the home, not them.

Is there any members of laurel and hardy family still alive?

Yes, I believe Lois Laurel Hawes, Stan Laurel's daughter is still alive as well as his grandchildren.

How old is Ryan Zimmerman from Greeley Estates?

Greeley Estates guitarist, Brandon, is close in age with Ryan. Making him, about a year younger. My conclusion; Ryan is about 31 years old (i.e. born about 1983). But, that's just a guess. I'm not sure.

Who is the next of kin a child or sister?

The next of kin is usually a child and not a sister. For example, if a mother passes away, the next of kin would be her husband and then her children.

Inheritance without a will?

This would happen through trusts, if any were created, or through probate court if the person left no instructions at all.

Your husband had a will before you were married and he did not change it after you were married and then died suddenly what will happen now he has 5 children from a previous marriage?

Many states have statutes that give a surviving spouse a right to claim part of the estate even without any mention in the will that the decedent was married (or re-married) at the time of death. Similarly, any un-mentioned children of the marriage may have statutory rights to a portion of the distribution of the estate.

What are major advantages of a living trust?

Reduce or eliminate estate taxes, Avoid probate, Make things easier for your beneficiaries, Pass your assets to the ones you love, Keep your estate private, Maintain complete control Provide for minor children or grandchildren Reduce the hassles for your spouse, Establish guardianship for minor children, Protect yourself in case you are incapacitated

What are the rights of the natural heirs if their father was married to his wife for just a few weeks before he passed away?

This is the reason a will is so important for anyone who not a minor. It should be redone as soon you get married, have children and perhaps change it every 5 years after that. It varies from state to state. If there was not a will that listed the new wife, most states are going to protect both parties. Your father's new wife will get half the estate and his children, particularly if they are minors, will divide up the remaining half. Naturally, debtors and the government get their share. If you were not named as heirs in your father's will then it's up to your step-mother as to what she gives his children. But this could be a case where the will could be contested, citing undue influence. As always, consult a probate attorney in your jurisdiction for specifics.

Can a sister who owns 75 percent of a house be forced to sell the property by the sister who is the executrix of their deceased mother's estate?

No.

She cannot force the sale of the home, but she can file a lawsuit and request that the property be partitioned. The judge would decide if the property would be subject to sale. Judges generally give the person who does not want to sell the property the opportunity to buy out the other owner(s). This would only be possible if there were not terms included in the will forbidding the sale of the property, such as the bequest of a life estate.

Ivory Johnson Lil champ 22 rifle worth?

about 150-300 depends on condition they are extremely rare though I have the only one i have seen

What is the difference between common and solemn form in probating a will?

Common form is when a will is admitted to probate based on the will itself, which the Surrogate Court acccepts on its face, because it lives up to all the formal requirements and is not challenged. Solemn form is when a will is admitted to probate after some scrutiny by the Surrogate, where the intent of the testator comes into question, or the will is challenged due to some disfunction of form in the will itself. CBlock

Why are trusts usually established?

established to provide for the education of children and provision for old age. Once the trust is created, it is irrevocable, even by the trustor himself, unless there is express provision for revocation or the purposes of the trust have been accomplished

Can a brother contest his sister for selling their parent's house and not sharing the profits with him?

That depends on lots of factors.

If she is the executor of the estate , and the house is not explicitly addressed in a will, she can sell it and distribute the proceeds according to the will. You can always contest the actions of the executor.

If she was left the house by terms of a will, you are not entitled to any of the proceeds.

If you and she were left the house together, then you are entitled to a portion of the proceeds, and to a say in whether or not the house is sold in the first place.

Explain why no king had called upon the estates general in 150 years?

Kings were afraid that the nobles would be able to overthrow the king, if they were given the power of an Estates General.

When a husband devises farm land to his wife in a life estate during her lifetime and then devises it to his daughter who owns the land while the wife is alive?

You need to check the language in the will. It is likely that he devised the farm to his daughter and reserved a life estate to his wife. In that case the daughter is the fee owner. However, she cannot mortgage or sell the property without the consent of her mother.

How long do you have to start probate in nc?

Call the court clerk in your local Superior Court where the action would be taken. The clerk can tell you this criteria or be able to issue a pamphlet that will indicate BASIC answers such as application time limits and fees. Be prepared they may hesitate answering as to not appear to be giving legal advice but this seems to be a basic question. You may also want to ask if there is a website for their office. Sometimes in large jurisdictions, this is a helpful reference.

What is excutor of the will mean?

The executor of a will is the person responsible for making sure the desires of the will are carried out. They are responsible for paying off the debts and distributing the assets. They also have to pay taxes and file the appropriate reports with the probate court.

Under Illinois intestacy law and as niece of decedents paternal grandfather am I entitled to inherit I am a first cousin once removed There are two first maternal first cousins?

Use of the words like 'intestacy' and 'decedents' must be done with care and knowledge. A little knowledge of the law or legal terms is the surest way to get into trouble ever devised by the mind of man.

Consult an attorney. There are few states that pass a law stating that a "niece" of a decedent's "paternal grandfather" has any special rights. If the law mentions any relatives, they are typically mentioning the spouse and children. From there, possibly the immediate family - of which "grandfather's neice" is not amongst them.

An attorney in your area can give you more specific advice, but if you aren't named in that will, your "rights" are non-existent.

Can a parent legally by law leave everything to one or two children and not to the other children?

It can certainly be done legally. So what did you do that your parents are writing your out of their will?

Trending Questions
In what order will heirs be considered if all of the lineal descendants are deceased? As executor can you deduct personal expenses to administer an estate from your personal taxes? How can you claim a surviving child get property inheritance if there was no will? Can the executer of a will refuse to give the beneficiary their inheritence? What is an heirs deed? Do you have a claim to your late husbands share of family trust? Could a stepchild be considered an heir to an estate? Paying back social security when someone dies? Can money be taken out from irrevocable trust at any time? Why it is beneficial to appoint the bank as an executor? Is an estate document notarized in one state admissable in a probate court in another state? Does an executor have to provide a copy of the Will and an accounting of the funds to the beneficiaries of the estate? What does intestate estate mean? My girlfriend is the head of her deceased parents estate her brother has signed over power of attorney to her is that enough to put the title of her parents house in her name? Will i get inheritance if grandmothers house is in daughter in laws name? How much money can you as a gift before you have to pay taxes? What fundamental issue divided the Estates-General in May of 1789? Your grandfather died in 2003 and the house and other property he owned is still in his name. Your cousin has done nothing to get this settled. Is there a time frame in NY to settle an estate? Can an executor of a trust transfer land without the approval of all name in the trust? Do beneficiaries have the right to know the selling price of a property before the Trustees complete the sale?