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Estates

Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.

6,325 Questions

Is a spouse of one of the beneficiaries of an estate permitted to remove tangible property from the home such as tools?

The spouse of a beneficiary has no rights to the estate. Removal of property without the executor's authorization could be prosecuted as theft.

Can you get power attorney if your mother still know you?

If your mother grants you the power of attorney. Otherwise it will require a court order.

Can guardian for a minor cash a fbo check for her own use?

The check is not for the guardian. The check is for the benefit of the minor and must be used for that. They can be held accountable to the court.

What can debt collectors do to collect debts?

That will depend on the laws in your specific jurisdiction. States have passed laws regarding what is allowed, such as the hours someone can call, whether they can be called at work and how often contact can be made.

How can a contract be changed in a housing loan?

You will have to negotiate that with the lender. It may require a new loan on the property.

How can you sell your house after your wife died?

Typically spouses have a deed as tenants by the entirety. This means he inherits the house automatically when the wife dies. Filing a death certificate with the deed will clear the title.

If your home is purchased in your name alone prior to marriage do your children inherit the home when you die?

That depends on the laws of intestacy in your state and whether the decedent had a will leaving the property to a beneficiary. You can check the laws of intestacy for your state at the related question link.

That depends on the laws of intestacy in your state and whether the decedent had a will leaving the property to a beneficiary. You can check the laws of intestacy for your state at the related question link.

That depends on the laws of intestacy in your state and whether the decedent had a will leaving the property to a beneficiary. You can check the laws of intestacy for your state at the related question link.

That depends on the laws of intestacy in your state and whether the decedent had a will leaving the property to a beneficiary. You can check the laws of intestacy for your state at the related question link.

Can a temporary executor sell belongings and or home of deceased when estate had no will?

Certainly, that is the duty of the executor, to settle the estate, which includes liquidating assets to cover debts and distribute the proceeds in accordance with state law.

What rights do the children have regarding a deceased parent's ashes?

If there is no surviving spouse, or, at least in the state of Iowa, no designate; then all surviving children of the deceased are considered the legal next of kin. It is not illegal in any way to divide ashes. It is general practice in the Funeral Industry to deliver cremains (ashes) to which ever child has been appointed either by Durable Power of Attorney or by family mandate as the contractor of final arrangements. Once the cremains have been delivered to said person then those cremains become the business of the family and whatever they may chose to do with them, as long as there are no EPA violations involved, become the private business of the family. If there is a designate or a spouse involved than they have the final and legal say so as to the disposition of cremains and the children have no legal recourse.

Who can be a charity trustee?

A charity trustee can be anyone over the age of 18 who is not disqualified by law, such as individuals with certain criminal convictions or those declared bankrupt. Trustees can come from various backgrounds and professions, bringing diverse skills and perspectives to the organization. It's essential that they are committed to the charity's mission and able to fulfill their legal and fiduciary responsibilities. Many charities also seek trustees with specific expertise, such as finance, law, or fundraising, to enhance their governance.

Can I buy my own house with my real state license and save the 3 percent commission to my self?

Yes, you certainly can do that. Commission rates are negotiable and you don't have to take or accept it.

Can beneficiary receive financial support from estate before death of testator?

There is no estate until the testator has died. Only after death does the estate exist and at that point, it may be possible to get some support help, depending on the will and the laws.

What qualities should a heir have?

A good heir should possess qualities such as leadership, responsibility, integrity, adaptability, and a strong work ethic. They should also be able to make sound decisions, communicate effectively, and have a genuine concern for the well-being of the organization or entity they are inheriting.

What is the essentialia of a contract between client and insurance company?

The most essential part of an insurance contract is that it is basically a contract of utmost good faith. The proposer will not conceal any vital information, which will be detrimental at the time of deciding any claim by the insurer.

What is the fee an executor of an estate receives in Washington DC?

There is no set fee, the executor is appointed by the person making the will and could be anybody, even a member of the family or a trusted friend.

What do you do if you suspect an executor to be taking money from the estate?

Report the matter to the court that made the appointment immediately.

Report the matter to the court that made the appointment immediately.

Report the matter to the court that made the appointment immediately.

Report the matter to the court that made the appointment immediately.

Can a trustee sell assets in a irrevocable trust when the decease owns 99 percent of the property named in the trust?

You must review the terms of the trust to determine the powers of the trustee. If you still have questions then you need to consult an attorney who specializes in trust law.

On one point you seem to be confused. A decedent cannot be the owner of 99% of the property in a trust. The property is owned by the trust. The most common purpose of a trust is to remove property out of a person's estate (the grantor) so that the property bypasses probate.

Once a person transfers her property to a trust, it is managed by a trustee according to the terms of the trust. A properly drafted trust has provisions that direct the distribution of property after the death of the grantor.

How do you force the sale of property that has been inheritated by 3 siblings?

It is possible to force the sale. The estate has to settle all debts before transfer of any property. One sibling may buy out the other two if they wish, at fair market value.

How long after a death does the executor have to settle the estate in Ohio?

Ohio has no set time frame. Complex estates can take many years to sort out and close.

What kind of insurance policies are subject to executor's fees?

Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.

Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.

Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.

Insurance policies owned by the decedent that do not name a beneficiary, those made payable to the decedent or to the estate are probate assets and thus subject to the executor's fee.

Is everything sold to pay outstanding debts?

The executor is expected to exhaust the resources of the estate to resolve all debts. If the value of the estate does not cover them, those owed money are short changed and the beneficiaries do not receive anything.

What happens when a trustee steals money from a trust account?

They have breached their fiduciary duties as a trustee. They can be brought up on a number of criminal charges or sued in civil court.

Can a car be repossessed if the owner dies before the first payment is due?

The car can be repossessed. The estate is responsible to return the vehicle and resolve the lease or loan.

How do you file claim against mother's estate?

File the claim with the executor of the estate. It should include receipts and other appropriate documentation.

Does the executor's fee include personal expenses and personal labor incurred during the administration of the estate or should this be billed separately to the estate?

The executor's fee is compensation for the work done. It is often calculated as an hourly rate, plus appropriate expenses (mileage, phone calls, etc.). In some places it is capped by law to a certain percentage of the estate's value.

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