Estates

In writing, ask the trustee for a full accounting of the trust's activity. By law you are entitled to these documents from the trustee when requested.

You can claim the property, or relinquish the heirloom. The sollicitor in charge should advice you on all the proceedings.

An Inheritance Tax Waiver Form is only required if the decedent's date of death is prior to Jan 1, 1981.

If you have given the individual the ability to represent you, yes, they can. Note that a power of attorney ends at the death of the grantor. You need to be careful who you give a power of attorney to and limit it to specific transactions or time frames.

No. The estate is responsible for any estate taxes. However, if your bequest involves a substantial amount of money you should seek professional advice. The attorney who is handling the estate should be able to advise you. If you get paid a fee for your services as the Administrator, that fee is treated as income and should be claimed on your tax return.

Yes. You should seek the advice of an attorney who specializes in probate to make certain the title to the property is transferred properly. In some jurisdictions a deed must be executed to transfer title to real property effectively.

You can file a claim against the estate. It would help if there was a written agreement.

Unless the Trust was created after the age of concent by mutual consent, it would have been pledged by your parents/informants

The fiduciary of an estate is the court appointed executor, if the decedent had a will, or administrator, if they died without a will. The fiduciary is issued letters by the court that give them the legal authority to collect the assets, pay the debts and make distribution of the property to the heirs.

Malcom McLean is general manager of Harrods bank, his e mail address is malcom.mclean@harrods.com

You can obtain the certified copy of the will from the registrar's office if it is registered by applying for the same along with the death certificate of the deceased person.

No.

Distribution of the deceased person's belongings are based on a written will. If no will is found, depending in the state of residence, the person's belongings are handled in different ways. Generally, the surviving spouse inherits all. If there is no surviving spouse, "issue" (the deceased's children) are next in line. How they divide items amongst themselves is often the source of long-standing bitterness.

This shows how important it is to make a will.

No type of power of attorney survives the grantor's death.

Assuming your dad has died, the power of attorney is null and void. However, if a party is unaware that your dad has died, it is possible that they may not be held liable for honoring it. If this woman knows that your father is dead and is still going around acting on his behalf, you should consult an attorney about stopping her. You should also notify anyone who has possession of (or control over) any of your father's property (banks, investment companies, etc) that he has died in order to protect the property. A power of attorney gives the woman no rights over your father's estate. Only the executor of the estate can control the disposition of the estate's property. Again, if there is some question about who is disposing of his property, it would be wise to consult with an attorney promptly before any more property is lost.

First, remember that the executor must be appointed by the court. A person named in a will is not the executor until the will has been reviewed by the court and the court has appointed the executor. If an executor is not carrying out their duties the heirs should complain to the court immediately and ask that the executor be replaced.

In general, irrevocable trusts cannot be changed by the trustor once they are established. These trusts are designed to be permanent and the trust assets are no longer considered part of the trustor's estate. However, some irrevocable trusts may include provisions that allow for certain changes to be made under specific circumstances.

Your step mother can only change the beneficiary on the life insurance policy if she is the owner of the policy or if she is the trustee of the trust. If she's the trustee then she would need to have the authority to make changes on the insurance policy set forth in the trust document. Otherwise, she cannot make changes in the policy.

You haven't provided enough information for a more detailed answer such as who owns the policy and where your step mother "left" those instructions or how she is involved at all.

Any will can be contested. The person that is contesting it must have standing, meaning they are either a natural heir of the deceased or named as a beneficiary. Consult an attorney in Ontario that specializes in Probate for specifics.

First, it is not impossible for two states to both consider you a resident for tax purposes. You need to both establish residency in Virginia and abandon your domicile in Maryland.

There is no single thing you need to do. States look at the facts and circumstances of individual cases to see if most of the evidence points to your being a resident of the state. Some of the factors that influence a decision are:

* The length of time spent in each state * The location of your telephone listing * The location of your primary bank and investment accounts * The location of your primary physician, dentist, accountant, lawyer, broker etc. * The location and value of your primary residence as compared to the value of any other residences * The location of your residence on important legal documents (wills, tax returns, etc.) * Where you pay property taxes * Where you maintain and register your personal property such as vehicles, boats, etc. * Where you register and maintain professional licenses * Where you do volunteer work, attend church and donate money to charity and political campaigns You need to do as little as possible of the above in Maryland and as much as possible in Virginia. It would help, of course, to sell your house or terminate your lease in Maryland.

You are not an executor until you have filed the will for probate and been appointed by the court. You may resign by filing a resignation with the court. The court will require that you file an account and will appoint a successor.

The rental income becomes part of the estate and will be distributed according to the terms of the will to the beneficiaries or to the next of kin if there was no will.

no

You need to consult with an attorney who specializes in real estate and estate planning who can review your situation and explain your options. There may be legal and tax consequences that you need to consider before transferring the title to your daughter.

We can accept affidavit for those policies where the face value is equal to or less than $25,000 and in order to transfer the ownership out of the Estate for policies where the face amount is more than $25,000 we will require the Probate papers naming the representative of the Estate, who will need to sign the ownership form naming the new owner of the policy or we can also accept the Declaration of heirs statement naming the heirs of the estate. If by "transferring ownership out of estate" you mean transferring assets to beneficiaries as opposed to insurance policies, you should check your state's laws on distribution of assets, transfers of personal property and conveying real property. To transfer ownership of stock certificates to a beneficiary, the executor must sign the usual papers a living person would have to sign to make the transfer along with other papers such as an affidavit of domicile and letter of instruction to make the transfer. An affidavit would not be sufficient. As to real property, a state might require that the executor distribute same by way of an executor's or administrator's deed, although that might be unnecessary in some states. Keep in mind that an affidavit is nothing more than a statement in writing made under oath. It is not a document of transfer or conveyance.

If there are no assets to be probated he can withhold it. If you think he is withholding it unreasonably, then open up probate yourself so the judge can ask him to produce it for court.