Estates

In community property states, assets acquired during the marriage are generally considered joint property regardless of the will. However, the specific laws vary by state, so it's advisable to consult with a lawyer to understand the implications for your situation. A spouse may still be entitled to a portion of the assets depending on the state's laws and individual circumstances.

A trust must be managed according to the provisions set forth in the document that created the trust. Therefore, you must review your trust to determine how/if it can be amended. Trusts should always be drafted by an attorney in your jurisdiction who specializes in trust law.

The proof is in the estate that was duly probated in the probate court. When a person dies owning real property their estate must be probated in order for legal title to pass to the heirs. The judgments filed in the probate court provide proof of title.

Generally, if the parent left any property, that property must be used to pay the decedent's debts before any property cab be distributed to the heirs. If the parent left no property the creditors are out of luck unless the children had agreed to pay the debts prior to the parent's death.

No. The heir has no right to the funds set aside in the special needs trust. A living donor set that trust up with their own property and the heir has no rights to that property whatsoever. The trust is not responsible in any way for a sibling who was disinherited. Parents are allowed to disinherit their adult children.

Codicils are legal documents used to make changes or amendments to an existing will without rewriting the entire will. They must be executed with the same formalities as the original will and are used to add, revoke, or modify specific provisions in the will. While codicils can be effective in certain situations, it's often recommended to consult with a legal professional to determine if a codicil is the best option or if creating a new will would be more appropriate.

Of course not. If the beneficiary has reason to believe the executor is mishandling the estate they should complain to the court that appointed the executor immediately and ask the court to review the situation.

The law of inheritance in Islam was revealed during the time of the Prophet Muhammad, through verses in the Quran. It outlines rules on how an individual's wealth and property should be distributed among heirs upon their death. The laws of inheritance are considered an important aspect of Islamic jurisprudence.

No. A Last Will and Testament does not become void. However, the longer it remains unprobated the likelihood that the property will disappear increases. Also, the estate may be probated as an intestate estate if the Will is not found in a timely fashion.

In Pennsylvania, the time frame to settle an estate can vary depending on the complexity of the estate, whether the deceased had a will, and if there are any disputes among beneficiaries or creditors. Generally, the process can take anywhere from six months to several years to complete.

In Illinois, there is no strict deadline for the executor to settle the estate after a death. However, it is generally expected that the executor will complete the process within a year of being appointed. Delays could occur due to the complexity of the estate or legal challenges.

A trust becomes effective as soon as it is fully executed. Property can be transferred to the trust immediately. Trusts should always be drafted by an attorney who specializes in trust law in your jurisdiction so that the trust will meet your personal needs and your questions can be answered by someone who is familiar with your trust.

Yes, a Trustee can generally also act as Secretary of a trust. However, it is important to check the trust's governing documents, such as the trust deed or bylaws, to ensure there are no restrictions on holding both positions. Transparent communication and proper documentation of decisions are key to avoid conflicts of interest.

The settlement would pass to that person specified as the beneficiary of the settlement in the Will by the testator. If the settlement was not specifically mentioned it would pass to the heirs under the residuary clause of the Will. The residuary clause devises any property that was not specifically devised in the Will. If there is no residuary clause in the Will then that settlement would pass according to the laws of intestacy in the jurisdiction.

The answer depends on the details and the laws in your jurisdiction. Generally, you have no claim at all if you used the premises with the permission of the owner. If you openly occupied the property continuously without the permission of the owner you may be able to bring an adverse possession action in court. You should consult with an attorney in your jurisdiction. The laws vary in different jurisdictions.

Yes, a will can be valid without a residuary clause. If assets are not specifically designated in the will, they will pass according to the laws of intestacy or another legal mechanism determined by the jurisdiction. It is still recommended to consult with a legal professional to ensure that your wishes are clearly outlined in your will.

Inheritance laws vary by jurisdiction, but in many places, a daughter-in-law can inherit property from her spouse or other family members if they are named as beneficiaries in a will or if the law allows for it. It is important to consult with a legal professional to understand the specific inheritance laws that apply in the relevant location.

The only time limit set by the laws is the amount of time that is allowed to pass until estate taxes are due. This is usually 9 months following a decedent's passing. As far as a time limit to settle an estate, this depends on many factors such as the allowance of claims against the estate, if there is contesting and fighting among the heirs or individuals who are not heirs, etc. There are some estates that have not been settled and the individual has been deceased for decades. I am sorry to tell you this, but as far as your question is concerned the answer is no, not until all factors in the process that have been met then at that time the property may and must be distributed unto the rightful beneficiaries. The only time limit is on fees and taxes.

This depends on many factors. First and foremost are you in a community property state? Did the inheritance pass through a will or a trust?

I would suggest you talk to an estate attorney. However, in most cases once you receive the inheritance into your estate as a married couple it becomes the property of both spouses. Therefore, they may have a right to half of the inheritance. Also if you have been married for a set period of time as designated by your state then they too may have a right to half of the inheritance. Once the inheritance was removed from your mother's estate in no longer was your mother's property, but was added to your estate. Being married give your spouse the right to marital assets of which this became when your mother's estate was settled and you received your inheritance.

Yes, a sole heir can choose to renounce their inheritance from an intestate insolvent estate and walk away without assuming any of the debts associated with the estate. By renouncing the inheritance, the heir can avoid any financial liability stemming from the estate's insolvency. It is advisable to seek legal advice before making such a decision to understand the implications fully.

Laws of intestacy determine how a person's property is distributed if they die without a will. These laws prioritize family members like spouses, children, and parents to inherit the deceased's assets. If there are no eligible relatives, the state may acquire the property.

Intestacy is in regards an estate for a deceased person who had property greater in value than their debts and the deceased doesnÕt have a will. In the US each state has their own guidelines when it comes to probate and estate check with the county of where the deceased passed for info.

While a person is alive their will is considered private property and nobody has the legal right to see it. Once a person passes away and the will is filed with the probate court it becomes public record and anyone can request a copy.

Beneficiaries can be forced to return an inheritance in certain situations, such as if the inheritance was obtained through fraud, undue influence, or a mistake. Creditors may also have the ability to seek repayment of debts from inherited assets. Additionally, if a beneficiary has already spent or disposed of the inheritance, they may not have the means to return it.