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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 you save a house left to you or will it need to be sold to satisfy the deceased's debt?

That depends entirely on the valuation and the amount in the estate. Someone can purchase the home for fair market value and the proceeds go into the estate. That may cover the debts.

How long does an executor of estate have to sell home in the will to be split between heirs?

There is no set time frame. They are required to do their best to get the most value for the property as possible.

How do I find out if I am a beneficiary on a deceased person's bank account?

Bank accounts do not have beneficiaries. If you are not an authorized account holder, and you would know if you are, you have not access. The estate will distribute in accordance with the will.

Can you refuse to inherit a dead persons estate?

Yes, you can waive inheritance. Typically there is no reason to do that.

Can you disinherit your husbands estate?

You do not have to accept an inheritance.

How long does it take to get the money that has been left to you in a will?

There are many factors involved in distibuting an estate. The larger the estate, the longer it can take to settle debts and distribute assets. The shortest period of time is normally about 9 months. It can take decades for a really big estate.

How much money can a mother give a son?

As much as she wishes. Over a specific amount will be subject to gift taxes.

What happens when one beneficiary dies only months after the testator and will states other beneficiaries should then split if prior to taking under the provisions of the will?

The will is executed as written. Depending on the wording, their inheritance may go into their estate. Or it could then go to their issue. Or be split among the survivors. Consult a probate attorney.

Does the estate pay taxes?

Estates pay taxes on income and may have to pay inheritance taxes.

What if no executor is named?

The court will appoint one, often an attorney or bank.

Does ex wife have claim to estate?

It depends on the terms of the will and the divorce decree. In most cases, no, the divorce removed all rights.

Can a life estate tenant sign a oil and gas lease?

It would depend on the type of life estate. In most cases, they would be able to sign a lease for the length of their life.

However, in most states the remaindermen would also need to sign. It is common practice for oil companies to ask the remaindermen to ratify a lease signed by a life tenant. You should consult with an attorney who specializes in that area of law.

Does your deaseased moms IRS refund go to her estate?

Yes, the IRS refund will go to the estate. No one else would be authorized to sign the check.

What happens if one of the heirs who is also an executor rents the house that is part of the estate and keeps all the money?

First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.

First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.

First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.

First. An executor has no authority until the will has been filed with the probate court they have been appointed by the court. What you describe is against the law. You should report the situation to the court and ask the court to remove that executor and appoint a successor. You should also ask the court to order restitution by the executor.

How does a person file to be an executive of an estate?

Once the individual is deceased, they would apply to the probate court. If there is a will, it may name an executor, if not, there is usually a form to fill out and have signed by the heirs.

Am I entitled to my mother-in-law's estate?

It depends on a number of factors:

Are you listed in the will? If not, you probably are not entitled to anything.

If you husband has passed away, and he had children with you, you may be entitled to some of it in trust for the children.

If your husband is living, no, the inheritance belongs to him.

What happens when there is no Will or Executor or administrator?

The court will appoint an executor and the estate will be subject to the intestate laws of the jurisdiction.

Would life estate holder receive proceeds from sale?

From the sale of what? The property can only be sold with the permission of the life estate holder. How much they get would depends on the deal they cut with the remainderman.

Can the executor quit claim the property given to the executor?

They can do whatever they wish with their rights and property.

What rights to widows have for real estate that is willed to adult children?

It will depend greatly on the laws in the jurisdiction. In most cases they have the right to a third or more of the homestead. Check with a probate attorney in your jurisdiction.

Can you trust a dissembler?

It is usually not a wise decision to trust a dissembler. This is someone who is hiding their true motives or feelings behind a false appearance. In other words, they are putting on an act with the express purpose of fooling people.

Does the executor of an estate pay attorney fees out of their compensation?

They do not pay the estate attorney's fees, the estate does. If they hire their own attorney, yes, they have to pay them.

Does a will become null and void when you marry?

In most jurisdictions, yes. A will should always be updated after the testator gets married.

In most jurisdictions, yes. A will should always be updated after the testator gets married.

In most jurisdictions, yes. A will should always be updated after the testator gets married.

In most jurisdictions, yes. A will should always be updated after the testator gets married.

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