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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
You do not have the right to see the trust. It doesn't involve you at this point. You should consult an attorney.
What are the benefits of establishing a trust?
Trusts have quickly become the most popular estate planning tool. This can partly be attributed the the tremendous flexibility that comes with the creation of a trust. One can set up a trust for anything ranging from their home and other assets to their pets. Trusts also bypass the probate process of which there are cost, efficiency, and privacy benefits that go with that.
Rights of a person over property by performing last rites of that person on death?
Performing "last rights" for a person who died gives you no rights to, in or over their property. Any property owned by the decedent would pass according to the provisions of their last will or to their their legal next-of-kin according to state laws of intestacy if they died intestate (without a will).
Which of these terms means the amount of goods sold abroad compared to what is bought abroad?
a trade deficit
The court appointed executor has the authority and the obligation to settle the estate. If the person who doesn't "want to settle the estate" is the court appointed executor you need to file a motion to have them removed and a successor appointed. If the estate hasn't been filed for probate then hire an attorney, file the will and request that you be appointed the executor. One person cannot stop the legal probating of an estate. That's why we have courts. If the person who has possession of the will won't hand it over for probate then petition to be appointed administrator of the estate and carry on as if there is no will. In that case the assets will be distributed according to the state laws of intestacy. In any case, get moving.
Do you need an attorney to file for probate?
No, you do not necessarily need a lawyer when filing a will in probate, however because it is such a court-intensive process having a lawyer that knows the system is always a plus. In the process of probate, a probate court determines the validity of the decedent's "last will and testament." After this, the court oversees asset distribution to named beneficiaries or rightful heirs according to state intestate succession statutes. The court also oversees the payment of estate taxes and resolves conflicts between heirs.
If you believe a person was mentally incompetent when they drafted their will, you can contest the will showing that at the time the will was created, they lacked sufficient mental capacity. This also applies to your situation as you would need to argue that she was competent when she drafted the will and signed the house to you and mentally incompetent when she signed it over to her boyfriend. The person contesting the will must show evidence that a mental abnormality actually affected this decision, making the distribution different from what would have occurred otherwise. If sufficient evidence is shown to prove the individual's abnormal mental state altered the will, then the will be found invalid. That being said, the more evidence you have of her inability to make proper decisions near the end of her life, the stronger your case will be. You will be working with the courts on this issue, with a ultimately deciding.
Where is Shiloh Estate in Granville Ohio?
459 orchard drive granville ohio, it is under legal investigation currently and believe its under a different name right now... something like orchard snow estates?
Pay off the lien is the simplest way. That can be done by selling the vehicle. Hopefully it is worth more than the loan amount, so the estate will have additional assets.
What does testamentary expenses mean?
Testamentary are the expenses that occur when dealing with the administration of the estate. This could be the lawyers fees, solicitors fees, court fees, etc etc..
Are payable on death accounts subject to inheritance tax in Indiana?
The tax laws vary by state. Only 11 states have an inheritance tax. The rules are going to vary. Please consult an attorney in your state for specific details.
How long does a power attorney document last?
A Power of Attorney is extinguished when the principal dies, becomes incapacitated or revokes the POA. A Durable Power of Attorney remains active even when the principal becomes incapacitated although it is also extinguished when the principal dies or revokes the POA.
How can an executor get the proceeds of a Prudential Life Assurance policy?
Call the customer service department, have the policy number handy and request a claim form. The company will advise you as to what documentation it will require. They will ask for a certified death certificate and copies of your Letters Testamentary if the policy is payable to the estate.
No, a sibling will not be responsible for the debts. The estate is responsible for the debts. If the estate has no assets, the creditors will not get paid. If there are not enough assets to pay the debts, the beneficiaries will not receive anything.
What is the meaning of an executor and responsibility?
An executor is the e person who is responsible for settling the details of a deceased person's estate. There can be a single executor or one or more people charged with this job. An executor can be related to the deceased person, can be a friend or a lawyer, accountant, or other professional. The main requirement is that the person chosen as executor be at least 18 years old and have not been convicted of a felony. If you have been named the executor of someone's estate, you have been given a job of great responsibility. Some of these responsibilities include: paying creditors and taxes on the estate, notifying social security and other agencies of the deceased death, canceling credit cards among other things, and distributing the assets left in the estate.
The executor of an estate has tremendous responsibility from small tasks to large ones. the executor of the deceased's estate must make sure all of the deceased's taxes and debts are paid, and then distribute what is left to the appropriate beneficiaries. The executor has a "fiduciary duty" to act in a manner of good faith and impartiality in making sure the wishes of the deceased are carried out to whatever extent possible
How does an estate adminstrator buy out other beneficiaries?
The estate has to be completely inventoried. Then an independent appraiser has to provide a valuation of the assets. Once that is done, the executor can reach an agreement with the other beneficiaries. At that point he can petition the court with a buyout offer. If there is any feeling of something being inappropriate, consult a probate attorney.
Can a co-trustee amend a living trust for the grantor?
If, and only if, that power is set forth in the trust document. The only powers that trustees have over the trust property are those set forth in the provisions of the trust. You need to review the trust document. Keep in mind that trust law is extremely complex. Trusts should only be drafted by an expert in trust law and tax law.
No, not unless the individual who is trying to collect the funds has some document that gives them the legal authority to act for the beneficiary. That document is most often a Power of Attorney. However, if the executor has the slightest doubt as to the authority of the person who is trying to collect the funds, she/he should insist on dealing with the beneficiary directly. Distributing funds to the wrong party would create liability on the part of the court appointed executor. You should consult with the attorney who is handling the estate.
How do you object to letters of administration?
If a Letter of Administration has already been obtained the only choice is to go to court to object. You need to seek professional help. If the Letters of Administration has not yet been obtained you could lodge a caveat against the estate preventing the probate court from issuing the Letter of Administration. It is advisable to seek legal advice before lodging the caveat.
Do siblings have a right to a copy of the will?
I am a little confused by your question as I am not sure whether you are asking it you can get a copy of your siblings will, or whether you are supposed to receive one by operation of law so I'll do my best to address both.
A sibling is not automatically entitled to a copy of a will, even if they are set to inherit from the will.
However wills are public documents so you can get a copy of a will either by going to the court that the will was probated in or by speaking with the deceased attorney (if he or she used on).
Hope that clears it up for you!
Can collectors get money from an estate?
If the deceased owed money, debtors can place a claim against the estate. The executor has a duty to notify all debtors of the death of the individual. The assets of the estate must be applied to the debts before anyone can inherit anything.
Who qualifies as next of kin if all siblings have been disowned?
The laws of intestacy determine who qualifies as next-of-kin in the case of intestate property. If a person wants to "disown" a child or "disinherit" them, he must do so by will and in the manner provided in the state laws.
