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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 it legal to sign for a spouse on financial documents if the spouse is unable?
You need to have a Durable Power of Attorney or you must be the court appointed guardian or conservator in order to sign a binding legal document on behalf of your incapacitated spouse.
How do you find a public will or trust?
Probate records are public in the US. You need to check the probate records in the county where the decedent or trustor died. In some cases trusts are recorded in the land records. You can check for recorded trusts at the local land records office.
What happens to the children when there parents die?
United States & Canada
The court must appoint a guardian.
UK
okay usually grandparents or aunts and uncles will take the child or children in and raise them however if there isn't any immediate family ie i have known godparents to take them in sometimes parents make a will and they state who they would want to be their childrens guardians if something should ever happen to them.
Alternate:
foster care until a family comes along and wishes to adopt now a days there are CRB checks etc
NB: being a god parent doesn't necessarily make you a guardian unless you have been nominated in the childrens parents will
Can you collect life insurance on someone declared incompetenet?
Probably not unless the insurance company decides to allow it or it was a provision in the life insurance policy. Normally, people are not able to collect on their life insurance policy until the insured dies.
You are an administrator for an estate can you make a home equity for the estate?
Generally, you need a license from the court to mortgage the property.
Generally, when property is held in a joint tenancy with the right of survivorship and one owner dies, full ownership passes to the survivor automatically. Generally, all the survivor must do is record proof of death (a death certificate) in the land records to clear the title. If any other documentation is required in Texas, the buyer's attorney will inform you of any missing documentation.
Can an executor relenquish their rights and can another of the deceased children become executor?
Yes, an executor can turn down the responsibility. The court will appoint another person and would probably approve it without a second thought.
Do wills go to probate court in Indiana?
Yes, all wills in Indiana must go through the probate process. That makes sure all of the legal requirements are met and taxes paid.
Yes, one of the disadvantages of living together without marriage is there is no inheritance right. The estate gets the property so that they can close the debts of the deceased according to the laws.
Is the value of an estate submitted to probate court before or after creditors have been paid?
The inventory of the estate should be filed as soon as possible. It has nothing to do with paying creditors. Rather it is a picture of the assets owned by the decedent at the time of death. It enables the court to supervise the estate. After the debts have been paid and the estate is distributed the court requires the executor to file a final account that details where all the property listed in the inventory went. It will be compared to the inventory for accuracy.
Can a executor be the sole beneficiary of mothers will in Massachusetts?
As long as the will was properly drafted and is allowed by the court the executor and the beneficiary can be the same person.
Does a co exectuator of your mothers estate have the right to a copy of her will before she is dead?
No one has a 'right' to a person's will prior to their death. However, the testator should let the named executor know where the will can be found so that it can be retrieved by the executor and filed in probate after the testator's death.
If your spouse leave you executor and benificary will you inherit everything that he owned?
The exector has a duty to execute the will. One of the first things is to value the estate and determine what the debts of the deceased are. Once the debts of the deceased are discharged, the remainder will go to the sole beneficiary.
Dads in jail and grandparents dead how do I get my inheritance?
If your jailed father is the inheritor of your grandparent's estate, he continues to own it while he remains alive, despite being in jail - and who knows, he might even get out some day. Presumably, you will inherit from your father after he dies.
Could gifts after death be part of the estate?
Certainly, but how is it possible to give a gift after death? The executor can also go back 2 years and collect any gifts that were given out in that period of time. This can be useful in eliminating debt.
If your grandfather left a will and the will has been filed in probate you can request the file and review any documents that have been or will be filed by the executor. The executor, and the trustee if a testamentary trust was created, will be required to file an inventory of all the real and personal property owned by your grandfather at the time of his death. Once a will has been filed in probate the estate becomes a public record.
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Are heirs responsible for deceased fathers debt In Idaho?
I am not an attorney/lawyer, so this answer will of necessity be a lay answer until it can be improved by a more qualified source.
Usually, in most states the debts of a deceased do not just "go away or disappear." The "estate" is legally responsible for his debts. Of course, IF a deceased had no money or property [real or personal], then there IS NO estate, and there really are no heirs, and they do not have to pay the debts of the deceased.
On the other hand, IF there is money or property [real and/or personal], then there is an estate, and the estate is legally responsible to pay just [legitimate] debts of the deceased. If there is no cash money in the estate, then the property of the estate must be used to pay the legal debts.
Those debts are legally the responsibility of the estate. That means that if the deceased had any money or property, the debts must be paid before any distribution of those assets to the heirs. If there is enough money in the estate, then it is used to pay off the legal debts of the deceased.
IF there is no money, or not enough, AND the heirs do not want to sell the property [real and/or personal] of the estate to pay the legal debts, and since the debt must legally paid, that means the heirs must pay the estate debts.
Can beneficiary of trust tell a trustee what to do?
They most certainly may not! The entire purpose of the trust is to prevent the beneficiary from controlling the trust. The responsibility lies with the trustee to maintain the trust as it was set up.
Actually, it depends on what kind of a trust is involved. For example, a Land Trust is beneficiary driven....meaning the beneficiary tells the Trustee what to do by letter of direction. Most all other types of trusts are Trustee driven and decisions are made by the Trustee.
Randy Hughes
If you can't make decisions for yourself who is the next of kin if you are not married?
In most places, it is your parents if they are living and not legally emancipated from you, then your siblings, then the state.
What are the responsibilities of the custodian of a trust account?
The trust will state the responsibilities.
Can someone contest a will if they are one of the beneficiaries?
In order to contest a will, one must have an interest in the will. That would be any beneficiary or natural heir. Most contesting is done by a family member that has been excluded from the will.
