Estates

Generally, adult children can be disinherited, however, the will must be drafted to conform to state law. You should consult with an attorney who specializes in probate law who can determine if your father needs to make any changes in his will. Your father has the right to choose who will inherit his estate as long as the will conforms to state laws.

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The will must go into probate. That is your opportunity to challenge the actions of the executor. A probate Judge will hear you on these issues and rule according to state law and in the fair interests of those involved.

If the bank holds the loan, then yes. If the payments are stopped, the bank will repossess anyways.

Absolutely not. The will should be notarized by a disinterested third party. A will notarized by the executor would expose it to being challenged after the death of the testator, the court would likely disallow the will and the estate would pass as intestate property. The "executor/notary" may find herself in additional trouble if she benefits from that situation. A general rule is that a notary may not notarize any document from which they would derive a benefit. An executor would derive a benefit because they would have intimate control over a person's estate. A notary should have a working knowledge of the rules that govern that office.

A revocable trust has a trustee not an executor. If you want to know something about the trust you would need to ask the trustor. The trustor is the person who created the trust to hold title to their property.

The estate goes to the state. They will then determine what to do with it. Typically the estate is liquidated, everything sold off and the money goes into the state budget.

In most cases the spouse has a right in the property, even if they are not on the deed. If there is no will, the spouse typically inherits the property.

Yes. A trustee must always declare that she is signing a document in her capacity as a trustee. If not, the validity of the document will be compromised by signing as an individual with no reference to her office as trustee.

You take a certified copy of the death certificate and proof of your identity to probate court and fill out a Petition for Letters of Administration. The court will tell you if you have legal standing for the position of Administrator.

If you evict him properly after consulting with landlord/tenant eviction attorney. Are you going to then sell the property and split money with the heir?

File for probate in the country where the bank account is held.

Go to the county courthouse probate court and get a copy from there. tiekh@yahoo.com Probate Researcher

Regarding the execution of legal documents:

To attest is to bear witness, to authenticate something by signing as a witness.

An acknowledgment is a formal declaration in the presence of an authorized officer, such as a notary public, by someone who signs a document and confirms that the signature is authentic.

Yes. The POA expired at the moment your mother died. Your sister has no power over your mother's assets. You need to petition the probate court to be appointed the executor. Once you have been appointed you will have full authority over your mother's assets and the settling of her estate.

Assuming there is no will, the estate must be probated and the property will pass to the two sons in equal shares.

When your spouse died the property automatically became your absolute property. That is the purpose of creating a joint tenancy in a deed. All you need to do is record a certified copy of the death certificate in the land records to clear the title and inform the world the other joint tenant has died. Operation of law transfers full title to you.

If mother and son owned the property as joint tenants with the right of survivorship there is no need for probate because son automatically became the sole owner when mother died. If they owned as tenants in common the mother's interest became part of her estate and it would need to be probated.

No. Not unless his wife is a named beneficiary. If he is allowing estate or trust property to be converted he should be reported to the court and removed from his position as executor/trustee ASAP. If he has illegally removed property it should be replaced.

Yes. The estate is responsible for the debts of the decedent. Those debts must be paid before any assets are distributed to the heirs.

Im pretty sure they used ash for the frame of the 'traveler' it was a tried an tested framework material for car bodies of the 1930's and 1940's and was contieued with the minor 1000.

On the Morris it was structural, however on the mini it was cosmetic

Trust is a foundational element in human relationships, characterized by reliance on the integrity, strength, or ability of a person or system. It involves the expectation that others will act in a predictable and fair manner, fostering cooperation and social bonds. Trust can be built over time through consistent actions and transparency, but it can also be easily broken, leading to skepticism and conflict. In broader contexts, such as institutions or organizations, trust plays a crucial role in governance, collaboration, and community cohesion.

Any interest earned before his date of death is reported on his final return.

Any interest earned afterward is reported on your return.

It will alsobe used to calculate estate taxes payable by his estate, if applicable.