Estates

The tenancy must be stated as "joint tenants with the right of survivorship".

A Will is the sole wishes of the person that is now deceased. There are different scenarios: Executrix (female) Executor (male) named in the Will is the person that makes sure that the Will is probated. The Will may be left in Trust and they will handle the Will (for a charge of course.) Probate means that all personal and house/property taxes are paid up to date and all creditors are paid. This can take from 8 months to a year. If the Executrix/Executor is a family member they may be mentioned in the Will and not only would they get a certain amount of money (if the deceased requested this) but possibly some material contents of the home if mentioned in the Will as well as a fee for doing the duties of Executor/Executrix. Usually that amount is 1 1/2 - 3 1/2%. It depends on what is either mentioned in the Will or what the Executor/Executrix wants to take out of the Estate. MONIES CANNOT BE DISTRIBUTED until the Probate has been accepted. This is usually done by a lawyer, but, the Executor/Executrix can do it themselves (unless a very complex Will, it's quite easy to Probate and I've done it. It saves a considerable amount of money in lawyers fees.) The Executor/Executrix should be sure the Heirs mentioned in the Will get a copy of the Will. If a sibling or another relative were left out of the Will or they felt they were unjustly treated by not being in the Will they can "Contest the Will" in a court of law. Sometimes the person may win and other times they won't. Often, if this contesting of the Will is by another sibling, the Heirs of the Will will settle out of court because once in court it can take a long while to settle the Estate. If your mother passed away before your father (or vice-versa) the property and monies usually automatically go to the surviving spouse. The deceased parents might specify in their Will that upon their death their children MAY get some money or property or even material items. If your mother or father remarried, the same applies as the above. If both parents passed away usually any monies, property (including a house or other homes or property) are willed to their child or children. If the children were nothing but a source of problems for the parents, the parents can actually leave everything they have to anyone or even leave everything to a church or charity of their choice or even to a loyal friend. Again, whatever the wishes of the deceased were is for a reason and should be followed to the letter unless coercion has occurred such as an elderly person made to change their Will and it's wise at this point to Contest the Will. If you are sure for instance that you are an Heir in the Will, then you can actually take in the Will to any bank and borrow on the amount of money you are getting from the Estate. However, once you have done this and the lawyer has settled the Estate and hands you the check, it's up to you to pay off that debt and the banking institution will expect it. Hope this helps. Marcy

As I am a layman, not an attorney, nor in the legal profession, this will be a layman's answer, until improved by a professional. The fact that you asked about "ethical" duties, indicates that you are aware of the fact that an Executrix, or Executor [aka Administrator], has legal duties which take precidence. It is my opinion that the ethical duty of an Administrator [male or female] is to diligently work to accurately comply with all legal requirements and duties as prescribed by the laws of the state in which the deceased legally resided at the time of death. Once that is considered, then any other decisions [ethical] should, as carefully as possible, be based on the needs, wants, and desires of the legal beneficiaries of the will. Generally, that will fall into the area of the division of personal property which the deceased did not specifically leave to a specific individual in the will, but instead left to all to be divided equally. This can be a very thorny problem as there may be more than one beneficiary wanting the same item(s). This is where the ethical considerations of the Administrator really comes into play, and should be settled with as much consideration as is humanly [and humanely] possible, for all involved. The sad part is that prior to the administrator making a division of that personal propertery, one or more of the beneficiaries may have decended [like a herd of stampeding cattle] on the house, and grabbbed all they could, and making a fair distribution of that missing property can be near to, if not, impossible. If you are in this position, good luck!

If the significant other is a spouse other than the parent of the child, then by default in most states, the estate will get split evenly. If they were not married, by default it should go to the children. In some states, if the person was living in the household for long enough, they would be considered "common law" union and could have almost the same rights as spouse. You should consult with a lawyer as soon as possible. Some lawyers offer a free consultation, although it is still worth it to pay a fee for advice.

Primogeniture is the method of succession that favors the first born son to the exclusion of younger siblings.

Xbox

Please go to: www.google.com Type in: What is a Universal Will in the State of ____________________. You'll find all your answers there. Good luck Marcy * There is not such a thing as a "universal will" relating to a person dying intestate. The action pertaining to such circumstances is known as state probate succession law. Such laws establish which assets and property are exempted from probate procedure and how any remaining assets and/or property should be distributed after debts and taxes, probate costs, etc, are paid.

House of Rep.

Being a layman, this will have to be a lay answer until an attorney, or other expert, can improve it. Under the Probate or Succession laws of most, if not all states, all properties and possessions of a deceased must be distributed according to the dictates of the state recognized will, OR if the deceased died without a will ["intestate"], then the distribution must be according to the state law regarding intestate status, which usually means equal distribution among all heirs. Based on these principles, I submit that no administrator, female or male, related to the deceased, or not, has the right to "pick and choose," and to take possession of whatever she or he may personnally want, in contradiction to the will and/or the law.

yes you do A will can contain whatever the person wishes, it is not necessary to include adopted or biological children or even a spouse unless one chooses to do so. The only thing necessary is that the will is legal under the laws of the state in which the person resides, which generally means being signed dated and witnessed by at least two persons. The best option is to have any legal document signed in the presence of a notary and recorded accordingly.

No. Descendants are your biological children, grandchildren, great grandchildren, and so on. Some people call these blood relatives, but not all your blood relatives are your descendants. For example, your first cousin is a "blood relative" but not your descendant.

On the other hand, everyone is descended from someone, so everyone is a descendant - just not yours.

When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car. Talking with Your Creditor

It is easier to try to prevent a vehicle repossession from taking place than to dispute it afterward. Contact your creditor when you realize you'll be late with a payment. Many creditors will work with you if they believe you'll be able to pay soon, even if slightly late. Sometimes you may be able to negotiate a delay in your payment or a revised schedule of payments. If you reach an agreement to modify your original contract, get it in writing to avoid questions later. Still, your creditor may refuse to accept late payments or make other changes in your contract and may demand that you return the car. By voluntarily agreeing to a repossession, you may reduce your creditor's expenses, which you would be responsible for paying. Remember that even if you return the car voluntarily, you're responsible for paying any deficiency on your credit or lease contract, and your creditor still may report the late payments and/or repossession on your credit report. Seizing the Car

In many states, your creditor has legal authority to seize your vehicle as soon as you default on your loan or lease. Because state laws differ, read your contract to find out what constitutes a "default." In most states, failing to make a payment on time or to meet your other contractual responsibilities are considered defaults. In some states, creditors are allowed on your property to seize your car without letting you know in advance. But creditors aren't usually allowed to "breach the peace" in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace. Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor can't account for articles left in your car, talk to an attorney about whether your state offers a right to compensation. Selling the Car

Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the Deficiency

A deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing. In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment.

If the girlfriend is still alive then she can change her beneficiary. If she died and didn't change her beneficiary then you may have a claim if her estate went to your father. You should speak to an attorney.

You refer to a "policy holder" in your question as well as an "estate". If the subject is a life insurance policy and your father was the beneficiary but was deceased when the insured died then be aware that the girlfriend probably named a contingent beneficiary on her policy.

A lien might be difficult especially if you aren't a contractor, but you COULD have your mother sign papers to take out a loan from you in the amount of the repairs, then record a mortgage with the county recorders office. It might be good to do that before she runs up too much of a medical bill, since hospitals are notorious for running up THEIR bill when they have terminally ill patients, then they end up taking everything that they can from the estate.

Not without suing the parent in the appropriate state court and receiving a judgment which could be executed as a lien against real property.

Generally, liens that have been perfected will take precedence in probate procedure.

However, the interested party might wish to consider discussing with the parent the option of placing them on the property deed preferably as Joint Tenant With Right To Survivorship or Joint Tenant. This will protect the property from being included in probate procedure and also from creditor attachment.

My experience with several states (New York, New Jersey, Florida) is that there is one governmental office in each county where deeds are recorded. Go to the office in the county where the property is located (assuming you are close by, otherwise you will need a friend to do it or a paid title company person) with the location of the property (address). The Office may be called the City Clerk or County Clerk or some similar title. It will, I'm sure, be more difficult if it is vacant land (and that may require a title company). There will be some system that office uses (either tax block and lot of the property or by address and either in book form or on a computer) that will give you the information and even show you a copy of the most recent deed.

See related question link provided below.

You need to inquire at your state DMV to determine how to transfer the title properly.

The court will appoint an executor if there is no will. The family can request a specific person be appointed if there is no problems. Otherwise a bank or an attorney will be appointed. They will be paid by the estate.

Every state will have different laws; however in general you will need a death certificate, probate court document identifying the executor and the Certificate of Ownership (or similar document the state uses to confirm title). The Certificate of ownership is signed as the state requires, and the death certificate and probate document given to the buyer, who goes and transfers title to himself.

ten days. period.

The purpose of setting up a trust fund to receive lottery prize money is usually to avoid one's heirs having to pay inheritance/estate tax on the winnings you leave behind when you pass away. If this is a concern for you, then you need to consult an estate planner BEFORE you claim your lottery jackpot.

if the owner wants to sell it why not after all i'll be paying for it

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If you are buying it from the owner. You can buy cars. If somebody leaves something to somebody that they don't own because they sold it, there's no issue there. I leave you the city of New York in my will, it doesn't really matter. If you are trying to buy it from the person who is willed the car while the current owner is not dead, that's a problem because it's not their car.

The will doesn't matter a jot to you. You can buy it from the owner. Whether it's the current owner the person who got the car from the estate or anybody else who actually owns the car. Just being listed as property in a will, makes the will kind of old, it doesn't make the car unable to be sold (assuming its not tied up in the estate).

If you were named in the will, you should be able to get something from the courts allowing the Department of Motor Vehicles to transfer title to you. Without a will, everything that he owned will need to go through probate. If there is a leinholder on the vehicle, that note will need to be satisified before DMV will transfer title.

The title, registration and insurance should be transferred to the new owner. If not and you are involved in an accident you may encounter problems with the insurance coverage and in the worst case scenerio the insurance company may refuse to pay. That would leave you exposed to a lawsuit.

Only required in NYS if decedent died on or before January 1, 2000; and

Only required in NYS if the value of the securities is over $30,000.00.

Not required if registration is Joint Tenant and transfer is to surviving spouse.

If required, send a request to:

Department of Taxation & Finance

Audit Division

Estate Tax Section

State Campus

Albany, NY 12227

NYS Estate Tax Office Telephone Number: (800) 641-0004