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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 a revocable trust be terminated before it's expiration date and devided however the trustee wants or does it have to be divided equally shares?

A revocable trust can typically be terminated before its expiration date, with the assets distributed according to the provisions outlined in the trust agreement or at the discretion of the trustee. The trustee may have the flexibility to distribute the assets as they see fit, depending on the terms specified in the trust document.

How can i locte a trust fund my father set up for my son?

There is no single trust database; rather, each trust is under the control of the trustee, such as a bank or investment firm. The only solution is to call every financial institution your father might have been involved with.

My husband of over 50 years has died. Do I automatically inherit his estate?

In most cases yes, unless he other legal arrangements such as a will set up prior to his death.

Where is the form for the irrevocable trust Is the living trust the same as an irrevocable trust?

The biggest difference between the trusts is that the Living Trust is revocable and can be changed over time. For detailed information visit: http://www.ultratrust.com/revocable-trusts-vs-irrevocable-trusts.html

Can executor sell trust property in Florida law?

In Florida, an executor does not have the authority to sell trust property. This responsibility falls to the trustee, who must follow the terms of the trust and state laws when selling trust assets. It is important for the trustee to act in the best interest of the beneficiaries and seek legal advice if unsure of how to proceed.

Who is entitled to receive money from a will?

Anybody mentioned in the will is entitled to receive money from a will.

Is a surviving spouse in AR responsible for credit card debt that their name is not on?

In Arkansas, a surviving spouse is generally not responsible for credit card debt that is solely in the deceased spouse's name, unless they co-signed or guaranteed the debt. However, if the debt was incurred during the marriage and is considered community debt, the surviving spouse might have some responsibility depending on the circumstances. It's important to consult with a legal expert for specific advice related to individual situations.

Who can receive an unlimited marital deduction when there is an outright bequest of stock?

An unlimited marital deduction can be received by a surviving spouse when there is an outright bequest of stock, regardless of the value of the bequest. This allows the transfer of assets between spouses to occur without incurring federal estate taxes at the time of transfer. The surviving spouse must be a U.S. citizen to qualify for this deduction. If these conditions are met, the bequest of stock can be transferred tax-free to the surviving spouse.

Who becomes the executor of your sister's estate if she died without a Will and failed to change your deceased mother as her life insurance beneficiary?

The succession would be the biological father. If he is deceased, then the oldest biological sibling. The siblings can agree to appoint 1 sibling who is not the eldest, but the agreement should be in writing.

You should likely consult an attorney to be sure what to do. The life insurance company would likely need something from a Court for Intestate deaths.

What if Surviving spouse is executor and also creditor?

They can't be both. They can either be the executor of the will (carrying out the wishes of the deceased) - or a creditor (being owed money by the deceased). If they act as both - there could be a conflict of interest (and accusations of theft or fraud). The's far easier to have an independent person to act as an executor - then they don't have any financial interest in the deceased's will.

If both Heirs one being court appointed administrator are in agreement to sale real estate should it be sold by estate or transfer deed then sell?

You are asking a complicated question. You should consult with the attorney who is handling the estate. There may be tax issues that need to be considered.

What is the responsibility of an executor in a will?

An executor is the person (or people) who is/are responsible for settling the details of a deceased person's estate (ie debts, taxes, cost of the funeral arrangements and applying for a grant of probate) and after all the above are settled, distributing the residue of the estate as laid down in the will. The executor could charge a fee for doing this job and should keep good records of what has been done

Who is next of kin to a unmarried person?

Their parents or other family members would be their next of kin.

What happens to the estate after the estate is closed?

There should be no remaining assets in the estate once it has been closed. All the property should have been distributed according to the Will or according to law.

What happens to the remaining assets in a closed estate?

If any undistributed assets remain in the estate then the estate must be reopened and an estate representative must be appointed by the court.

Do you have to pay taxes of a deceased person?

Their estate has to pay any taxes due up to the day they died.

Who is responsible for an existing mortgage on a life estate?

That is a good question, and it depends.

If the mortgage was obtained before the life estate was created, but the life tennant and remainder men are "responsible" as the bank can forclose against the entire property.

If it was after the life estate was created, then you will have to see if the mortgage attached only to the life estate or the remainder interest (or both.)

These details can be found by looking at the title history for the property and the Deed of Trust (and any agreements between the current owners.)

As these documents can be legally "dense", you should contact an attorney.

Do heirs spouses has to sign the deed to sell estate property?

Laws vary based on the jurisdiction. In most, the spouse has to sign their rights in the property away. This prevents them from clouding title to the property later on.

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