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Estates

Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.

6,325 Questions

Who is your next of kin under Scots law?

Under Scots law, your next of kin would typically be your closest living blood relatives, such as your spouse or civil partner, children, parents, or siblings. If you have a valid will, your next of kin may also be determined based on the instructions provided in the will.

Can a sibling who hasn't been in my dead fathers life be appointed executor of his estate since there is no will?

If they petition the court for appointment they can be appointed if no one objects. If you have objections you must appear at the hearing and explain your reasons for objecting. Be prepared to request that another person be appointed. The court will consider the objections and render a decision.

If they petition the court for appointment they can be appointed if no one objects. If you have objections you must appear at the hearing and explain your reasons for objecting. Be prepared to request that another person be appointed. The court will consider the objections and render a decision.

If they petition the court for appointment they can be appointed if no one objects. If you have objections you must appear at the hearing and explain your reasons for objecting. Be prepared to request that another person be appointed. The court will consider the objections and render a decision.

If they petition the court for appointment they can be appointed if no one objects. If you have objections you must appear at the hearing and explain your reasons for objecting. Be prepared to request that another person be appointed. The court will consider the objections and render a decision.

Does executor of estate have right to keep house?

As the executor of an estate, you are responsible for executing the wishes outlined in the deceased person's will. If the will specifies that the house goes to a specific beneficiary, then you must follow those instructions. If there are no specific instructions, you may need to sell the house and distribute the proceeds according to the will or laws of the state.

Can a person be removed from a trust?

Yes, a person can be removed from a trust if the trust document contains provisions for removal, such as due to misconduct, incapacity, or for other specified reasons. Legal proceedings may be required to remove someone from a trust if the terms are not clear or agreed upon by all parties involved. It is recommended to consult with an attorney specializing in trust and estate law for guidance on the specific circumstances.

What are the inheritance tax laws in the state of RI?

Rhode Island does not have an inheritance tax. However, there is a state estate tax for estates over a certain threshold. The exemption amount for estate tax in Rhode Island is $1,537,656 for 2021.

What legal rights do your step children have to property their now deceased father and I acquired during the marriage?

They may have no rights to property you acquired during your marriage but that depends on some other factors such as:

  • How your co-owned property was titled.
  • Whether he owned any property in his own name.
  • Whether he had a will.
  • Whether you live in a community property state or a separate property state.
  • State laws of intestacy if he had no will.
  • Whether he left minor children.

You can check the laws of intestacy in your state at the related link. That may give you an idea of where you stand.

They may have no rights to property you acquired during your marriage but that depends on some other factors such as:

  • How your co-owned property was titled.
  • Whether he owned any property in his own name.
  • Whether he had a will.
  • Whether you live in a community property state or a separate property state.
  • State laws of intestacy if he had no will.
  • Whether he left minor children.

You can check the laws of intestacy in your state at the related link. That may give you an idea of where you stand.

They may have no rights to property you acquired during your marriage but that depends on some other factors such as:

  • How your co-owned property was titled.
  • Whether he owned any property in his own name.
  • Whether he had a will.
  • Whether you live in a community property state or a separate property state.
  • State laws of intestacy if he had no will.
  • Whether he left minor children.

You can check the laws of intestacy in your state at the related link. That may give you an idea of where you stand.

They may have no rights to property you acquired during your marriage but that depends on some other factors such as:

  • How your co-owned property was titled.
  • Whether he owned any property in his own name.
  • Whether he had a will.
  • Whether you live in a community property state or a separate property state.
  • State laws of intestacy if he had no will.
  • Whether he left minor children.

You can check the laws of intestacy in your state at the related link. That may give you an idea of where you stand.

Does the executor have the right to a key to the temporarily occupied home of decedent?

Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.

Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.

Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.

Yes, once appointed executor by the probate court, in order to collect the decedent's property for distribution. If necessary, the executor can pay an extra months rent in order to have access. If the decedent was being cared for in someone's home the executor is not entitled to a key but the owner should provide access to the executor so that they may collect the decedent's property.

What are the subjects of residuary list?

The subjects of a residuary list typically include items or assets that are not specifically mentioned in a will or trust document. These may include any remaining property, funds, or possessions that were not designated to specific beneficiaries or recipients.

How long after the death does the executor have to settle the estate in wi?

In Wisconsin, there is no specific deadline for settling an estate after someone's death. However, the executor should work diligently to handle the estate in a timely manner and follow any guidelines set forth in the will or by state law. It's advisable to keep beneficiaries informed of the progress to avoid unnecessary delays or disputes.

What does it mean to be trustee of a will?

Being a trustee of a will means that you are responsible for managing and distributing the assets of the estate according to the terms outlined in the will. Trustees have a legal obligation to act in the best interests of the beneficiaries and must follow the instructions outlined in the will faithfully.

Can the property of the decedent go to the spouse instead of the heirs?

You are asking if the spouse can inherit property instead of the heirs. I assume the heirs were listed in a will. In the United States, inheritance is in a state court. Each state has its own law. Without seeing the actual will, I can not comment on it. However it sounds like a mess. In this state it is difficult for a person to disinherit a spouse. I do not know about where you live. I would suggest seeing a local lawyer.

What rights does a person have in the property when the spouse has a life estate?

A life estate gives the spouse the right to possess and use the property during their lifetime. The spouse has limited rights to alter the property or pass it on in their will, as the ownership reverts to the remainderman upon their death. The remainderman has a future interest in the property and will gain full ownership upon the spouse's death.

Can the 3 other heirs of inherited property evict you?

In most cases, the 3 other heirs cannot evict you unless they have legal grounds to do so, such as non-payment of agreed-upon expenses or a breach of the terms of the inheritance. It is advisable to seek legal advice and review the terms of the inherited property to understand your rights and responsibilities as a co-owner.

Can a cousin become an administrator of an estate?

In some jurisdictions, a cousin may be allowed to become an administrator of an estate if they are eligible and meet all the legal requirements. However, the specific rules and regulations may vary depending on the location and circumstances of the estate. It is advisable to seek guidance from a legal professional to determine the eligibility and process for appointing a cousin as an administrator.

What are the statute of limitations on settling an estate in Mississippi?

In Mississippi, the statute of limitations for settling an estate typically ranges from two to five years, depending on the specific circumstances. However, it is recommended to consult with a legal professional for accurate guidance tailored to your situation.

Does executor have ruling over sale of house in an deceased estate?

Yes, the executor has the authority to manage and oversee the sale of a house in a deceased estate. The executor is responsible for handling the deceased person's assets, including the sale of property, according to the terms of the will or state laws if there is no will. The executor must act in the best interest of the estate and its beneficiaries.

What is the default law if there is no beneficiary?

If there is no designated beneficiary for an account or policy, the default law typically designates the estate of the deceased as the beneficiary. This means that the assets or funds from the account or policy would be distributed according to the instructions laid out in the deceased's will or according to the laws of intestacy if there is no will.

Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of California?

The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.

The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.

The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.

The estate passes to the heirs at law according to the state laws of intestacy. Generally, if there is no surviving spouse it passes to the children equally. You can check the laws of California at the related question link.

Does property left to heirs remain as estate of individual until sold?

Yes, the property left to heirs becomes part of the individual's estate until it is transferred or sold by the heirs. The heirs inherit the property with the rights and responsibilities associated with ownership while it remains part of the estate.

How do you obtain appointment as the personal representative of an estate?

Pick up a set of probate instructions at your local courthouse, or they may be available on line. Then follow the instructions and file the appropriate forms with the court and they will issue a letter of authority.

What rights does a co trustee have?

A co-trustee has the right to participate in decision-making, access trust information, and manage trust assets. Co-trustees typically have equal rights and responsibilities, as outlined in the trust document or by state law. Collaboration and cooperation among co-trustees are crucial for effectively carrying out their duties.

What documents do you need for a letter testamentary?

To obtain a letter testamentary, you typically need the original will, a death certificate, a list of assets and liabilities of the deceased, any relevant financial documents, and identification such as driver's license or passport. It's advisable to consult with a probate attorney to make sure you have all the necessary documents for the specific requirements in your jurisdiction.

What is condidered an estate in a will?

An estate in a will typically refers to all the assets and liabilities that a person owns at the time of their death. This can include property, investments, bank accounts, personal belongings, and debts. The estate is distributed according to the instructions set out in the will.

Can a sister-in-law be considered next of kin?

Yes, a sister-in-law can be considered a next of kin depending on the context. Next of kin typically refers to the closest living relatives of an individual, such as a spouse, parent, child, or sibling. In some situations, a sister-in-law may be included as next of kin for purposes of decision-making and inheritance rights.

What is the legal age to own real estate in Illinois?

You must be the age of majority to hold real property. In illinois that is 18 years old.

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