Estates

The two terms are per stirpes and per capita. Per stirpes means the estate is divided among branches of the family based on equal shares per branch, while per capita means the estate is divided equally among all lineal descendants regardless of their branch in the family tree.

Yes, a personal representative can sue a beneficiary for slander if the statements made by the beneficiary are false, harmful to the personal representative's reputation, and made with malicious intent. The personal representative would need to prove these elements in court to successfully win a slander case.

In Texas, if a person dies without a will, their property will be distributed according to intestacy laws. This typically means that the property will pass to the surviving spouse and children in varying shares depending on the family situation. If the deceased had no spouse but had children, then the property would likely pass to the surviving children.

Inheritance laws vary by location, but generally, a spouse may not have automatic rights to inherit from their in-laws. In most cases, the inheritance goes to the deceased's children or other direct descendants first. It's essential to consult with a legal professional to understand the specific laws and rights in your area.

In general, if a surrogate has legal authority over an estate, they can potentially seek to remove an heir from property that was owned by the deceased. This would typically involve following legal procedures, such as court hearings, to establish the surrogate's right to make decisions regarding the property. The specific laws and processes involved can vary based on the jurisdiction and circumstances of the case.

In most cases, an heir cannot charge another heir rent for a property they both legally own. However, if there is a formal agreement in place or if one heir has been managing the property and can prove expenses incurred for its upkeep, they may be able to request compensation. It is best to consult with a legal professional to understand the specific details of the situation.

Yes, a revocable trust can be sued if it holds assets that are subject to legal claims. Creditors or claimants may be able to pursue assets within the trust to satisfy debts or liabilities. However, revocable trusts can offer certain protections and may help safeguard assets from potential lawsuits.

The executor typically informs beneficiaries of their inclusion in the will after the testator has passed away and the will has been filed for probate. This process can vary by jurisdiction, but beneficiaries should generally be notified within a few months of the testator's death.

It depends on what rights you are referring to. The stepson has the legal rights set forth in the Power of Attorney document. Those are likely to include the power to sell solely owned property, manage bank accounts, make medical decisions, etc. He cannot use the power to disinherit the spouse. The spouse should consult with an attorney to discuss her rights and status.

It depends on what rights you are referring to. The stepson has the legal rights set forth in the Power of Attorney document. Those are likely to include the power to sell solely owned property, manage bank accounts, make medical decisions, etc. He cannot use the power to disinherit the spouse. The spouse should consult with an attorney to discuss her rights and status.

It depends on what rights you are referring to. The stepson has the legal rights set forth in the Power of Attorney document. Those are likely to include the power to sell solely owned property, manage bank accounts, make medical decisions, etc. He cannot use the power to disinherit the spouse. The spouse should consult with an attorney to discuss her rights and status.

It depends on what rights you are referring to. The stepson has the legal rights set forth in the Power of Attorney document. Those are likely to include the power to sell solely owned property, manage bank accounts, make medical decisions, etc. He cannot use the power to disinherit the spouse. The spouse should consult with an attorney to discuss her rights and status.

In certain cases yes. You need to consult with an attorney in your jurisdiction who specializes in probate law.

In certain cases yes. You need to consult with an attorney in your jurisdiction who specializes in probate law.

In certain cases yes. You need to consult with an attorney in your jurisdiction who specializes in probate law.

In certain cases yes. You need to consult with an attorney in your jurisdiction who specializes in probate law.

Yes, a beneficiary can refuse an inheritance. It sometimes makes sense for tax reasons or if one of the others is in need. Their share either gets split among the other beneficiaries or becomes part of the remainder.

The trust document dictates the provisions of the trust. You need to review the trust document to determine if and how successor trustees may be appointed.

The trust document dictates the provisions of the trust. You need to review the trust document to determine if and how successor trustees may be appointed.

The trust document dictates the provisions of the trust. You need to review the trust document to determine if and how successor trustees may be appointed.

The trust document dictates the provisions of the trust. You need to review the trust document to determine if and how successor trustees may be appointed.

It depends on the specific details laid out in the will and the laws of the jurisdiction. In some cases, property left in a will may go to the surviving spouse, while in other cases, it may be distributed according to the deceased person's wishes as outlined in the will.

Yes, someone who is in the country illegally can inherit money or property. Inheritance laws generally do not take immigration status into consideration. However, the recipient may face challenges when trying to claim or manage the inheritance due to their legal status.

A trust can have one or more settlors, also known as grantors or creators of the trust. There is no legal limit on the number of settlors a trust can have.

The estate representative, when appointed by the court, bears personal responsibility for any waste of the estate caused by their own actions or lack thereof. You should complain to the court and ask for help.

In Colorado, there is no specific time limit set by law to settle an estate. However, the process can vary in duration depending on the complexity of the estate, any disputes that may arise, and other factors. Executors are generally encouraged to complete the probate process in a timely manner.

The law regarding children and a second spouse when a parent dies can vary depending on the jurisdiction and any existing legal arrangements such as wills or trusts. Generally, children may have rights to inherit from the deceased parent's estate, but this can be influenced by factors like state laws, existing legal documents, and the specific family situation. Consulting with a legal professional is advisable to understand the rights and obligations in a particular scenario.

In Mississippi, there is no set timeframe in which the executor of an estate must settle the estate after death. However, it is generally recommended to complete the process as efficiently as possible to avoid any complications or legal issues. It is best to consult with a probate attorney to ensure timely and accurate estate administration.

The earliest surviving system of laws is the Code of Ur-Nammu, a Sumerian law code from ancient Mesopotamia dating back to around 2100-2050 BCE. It is known for its detailed regulations covering a wide range of topics, including marriage, slavery, property, and commerce.

If there is no will, it depends on the intestacy laws in your jurisdiction and which heirs at law are currently alive.

Generally a grandchild only inherits if their parent who is the child of the decedent is deceased. You can check the laws of intestacy in your jurisdiction at the related question link.

In Texas, an executor typically has four years from the date of the decedent's death to settle the estate. However, it is recommended to address the estate as promptly as possible to avoid potential complications or delays in the distribution of assets to beneficiaries.

my husband passed away 3 years ago and i kept paying the mortage only in his name now i have missed 2 payments and they are wanting to foreclose on it but when he passed they did not put any claim on his estate can i put a lein on property if they take it or is there any way i can keep it since no claim was filed by them would it be forever barred?

The cost of setting up a blind trust in South Carolina can vary depending on the complexity of the trust and the fees charged by the attorney or financial institution facilitating the trust. It is recommended to consult with a legal professional specializing in estate planning or trusts to get a more accurate estimate of the costs involved.

A will can only distribute property owned by the testator at the time of their death. If the property is in a trust it is not a part of the testator's estate. However, the trust may have provisions as to the distribution of the trust property upon the death of the trustor. However, you should consult with an attorney who can review the situation and explain your rights and options, perhaps the attorney who is handling the estate.