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Estates

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

6,325 Questions

Can a collection agency go after children after a parent death for rent beyond the end of the month when the parent died when there was no probate?

No. Not unless the children signed an agreement to pay the rent. The decedent's estate is responsible for their debts. If there is no estate the creditor is out of luck. Send a copy of the death certificate by certified mail and tell them to stop harassing you.

Who is responsible for homeowners insurance the beneficiary of the trust or the person with a life estate interest in the property?

Q. Who is responsible for homeowners insurance the beneficiary of the trust or the person with a life estate interest in the property? A. If the property is a (personal residence, family farm, rental property or even a vacation property) held in trust.Regardless of a life estate for a named beneficiary. The property tax payable would be the responsibility of the owner of the property listed on the property deed. In this case it appears that the owner of the property is the trust. Therefore the trust would be responsible for the tax. The remainderman beneficiary nor the current beneficiary enjoying a life estate in the property would owe the property tax.

Why is a will probated?

A will must be probated so the court can rule the will is technically valid and can appoint the executor. No one has the legal right to act as the executor until they have been appointed by the court and issued letters Testamentary. Title to real estate will not pass to the heirs until the estate is probated.

If someone is the executor of estate and wants to do a modification on a loan they are not on is that an option?

The decision to allow the executor to modify an existing mortgage is up to the lender. The executor could refinance the property with a new mortgage if allowed by the court.

How do you handle life insurance in an estate without a will?

With life insurance, it does not matter if there is or is not a will, because life insurance proceeds are paid directly to the named beneficiary and not to the estate. The named beneficiary obtains a certified death certificate and submits it to the insurance company with the appropriate application form provided by the insurance company. The estate has no rights to the proceeds and would not even be paid to the estate. The only way the estate would be involved is if all named beneficiaries had predeceased the decedent or if the policy names the estate as the beneficiary. In that case, one of the heirs as defined in that state's laws would apply to be the administrator (if there is no will) or executor (if there is a will) and receive the proceeds.

How do you know if your sibling loves you or not?

if you mean child which i think you do then ask them say "do you love mommy?". I'm sure they'll say yes!

What happens when a person dies and is owed money by a relative?

If the debt is evidenced in writing it is the obligation of the executor to collect the debt owed to the estate.

Do you have to claim money on your tax return that you inherited?

If you just inherited a bag full of money, no.

If you inherited a tax deferred account like an IRA, 401k, or pension, you may have to pay tax when you take the money out.

If you inherited property such as a house or stocks, you may have to pay taxes on the growth in value between the date of death and the date you sold the property.

If you inherit US Savings Bonds, you may have to pay tax on the interest when you cash them in, including interest earned during the life of the deceased if the deceased was not declaring the interest annually on his or her taxes.

Do you owe taxes the year you die?

Yes.

But since you will not be around to pay them, your estate will be responsible for paying them. If you are married and your spouse files a joint return for the year you die, your spouse could be responsible.

Do you pay taxes on death benefits on an annuity?

You do. You need to speak with your tax accountant and find ways to reduce your tax burden. The upside is that the transfer of wealth within the annuity avoids probate, both the time and the cost.

Are annuity survivor benefits taxable?

Yes, you need to speak with your agent or broker and or your tax accountant tregarding this issue.

If both parents are dead and the daughter is the executor of the estate is there a time period before everything can be settle?

There are minimum periods of time that must elapse. The executor has to advertise for debtors that the estate owes money to. Things have to be inventoried and a complete accounting presented to the court. Typically the shortest period of time is going to be a little over 3 months. Consult a probate attorney in your state.

Can a surviving spouse sell property as a widow without proof of death?

No. A prudent buyer will want proof that you are the owner of the real estate. If you owned the property as joint tenants with the right of survivorship with your husband the only proof that you are the surviving owner is a death certificate or a probate proceeding allowed by the probate court. You need to record a death certificate in the land records to clear the title. In some states you also need to record some proof there are no inheritance taxes due.

Who is the grantor in a living trust?

The grantor in a living trust is the person who executes or creates the trust and then transfers their property to the trustee. After they transfer the property they no longer own it.

What is the name of the person who effects the transfer of real property when a person dies?

When a person dies the court must appoint a person with authority to settle the estate. The real property can then be transferred by the executor of the Will or the court appointed administrator of the estate if the decedent died intestate (without a Will). Generally, the executor may have granted the authority to sell the property in the Will. Otherwise the executor must obtain a license to sell from the court. If the decedent had no Will then the court must appoint an administrator who must obtain a license to sell the real estate from the court.

In some jurisdictions the person appointed by the court is called a personal representative or estate representative.

If your sibling owes money to your mom at the time of your moms death does she have to pay it back to the estate.?

That will depend on the will, if there is no will and no signed document then the answer is "no" There MUST BE PROOF that the debt is owed in the first place!!! Your sibling absolutely has to repay the debt to the estate, especially if there is no will. In fact, the only way your sibling can get out of paying the debt is if there IS a will and the will specifically forgives the debt. The debt is an asset of the estate and must be collected by the executor. If your sibling is the executor, she still must pay it back. Frequently, in situations like this, the debt is not actually paid to the estate. The person owing the money simply has his or her inheritance reduced by an appropriate pro rata amount depending on the circumstances. If there is no signed document evidencing the debt, it must still be repaid if the debt can be proved by other means.

Is there tax on a pre-death estate dispersement to a child?

A "pre-death estate dispersement"?!?! That's just a fancy way of saying a "gift." It would be treated the same way as any other gift given to any undead person. The child would pay no tax, but the pre-deceased person (the gift giver) would be subject to the usual gifts taxes and possibly the generation-skipping transfer tax and the usual annual and lifetime gift tax exclusions would be available to the pre-deceased person. An "estate" does not come into existence until such time as a person has died. A pre-deceased person cannot make a dispersement from his/her estate because it does not yet exist, although they can direct that a dispersement be made from their estate once they have died by including their instructions in a "will" or equivalent legal instrument.

Does WA have an inheritance tax?

Washington state replaced its inheritance tax with an estate tax in 1982.

What recourse do the heirs have when the Propriety has sold the money is in the bank but the executor refuses to distribute the money to the heirs?

If the period during which creditors can make a claim has passed, generally, the heirs can submit a motion to the court to compel the appointed executor to make distribution. The executor has a legal obligation to perform all their duties in a timely manner. If the executor isn't doing that then complain to the court or to the attorney who is handling the estate.

Father had a will and my stepmother is named the beneficiary only the will lists her former married name and not her last married name will that hold up in court?

As long as she can prove who she is and that she is the person named in the will then your father's property will be distributed as he directed in his will. The court will not interfere with his choice of his own beneficiary on such a technicality.

I need to withdraw from being executor of estate. My mother still living has been in an estranged relationship with my wife and I. How do I retract from being her executor of her will?

You really don't need to do anything because you aren't the executor yet. If your mother dooesn't change her will before she dies then at that time you can file a declination with the court as the named executor. The court will appoint someone else.