Estates

There is no specific time limit to settle an estate in South Dakota, but generally, the process can take around six months to a year or longer depending on the complexity of the estate. Executors are expected to settle the estate in a timely manner but may request an extension if necessary.

A person's estate typically includes all of their assets, such as real estate, bank accounts, investments, personal property, and any other possessions of value. It also includes any liabilities or debts owed by the individual at the time of their death.

You can typically request a copy of a probated will from the probate court where the will was filed. Contact the court clerk's office and follow their procedure for requesting a copy of the will. There may be fees associated with obtaining a copy.

The residuary list typically includes subjects that do not fall under any specific category or schedule in a legal document, such as a will or trust. It serves as a catch-all provision to cover any assets or instructions not explicitly addressed elsewhere. It may encompass items like personal effects, miscellaneous property, or unspecified gifts.

The specific answer depends on state law. I am in Missouri and we are Uniform Trust Code state. The law here states, in short, that a qualified beneficiary of an irrevocable trust is entitled to a copy of the trust. So, if the heirs are beneficiaries of the trust, they may be entitled to a copy. What state are you in?

It depends on the laws of the jurisdiction and the specific terms of any relevant estate documents. Generally, an heir may have the right to access the deceased's bank statements if they are appointed as the executor of the estate or if they are entitled to information related to their inheritance. It's advisable to seek legal advice to understand the specific rights in the given situation.

In most cases, an executor does not need to be sworn in by a civil judge. They typically receive their authority through the deceased's will or through the probate court. The court may require the executor to take an oath to fulfill their duties faithfully.

Unless you are related to the estate in some way, you may not be able to. However, the estate is required to file taxes and those can be obtained from the IRS under the freedom of information act. And the estate is required to file an accounting with the court, which can also be obtained.

Yes, if the executor of an estate is found to have embezzled funds from the estate, legal action can be taken against them. This typically involves reporting the matter to the authorities, such as the police or the court, who will investigate the allegations and pursue appropriate charges if warranted.

There is no legal requirement for the testator to notify the previous executor in writing when creating a new will. However, it is recommended to inform the previous executor to avoid any confusion or potential challenges to the new will after the testator's passing.

You can typically find out if your deceased parent registered a will by checking with the probate court in the county where they resided. You can also search for any existing wills in their personal records, safe deposit boxes, or with an attorney they may have worked with. Additionally, consider hiring a lawyer to help you navigate the legal process if needed.

Yes, stealing from an estate is considered theft and can result in criminal charges. The specific charges and penalties will depend on the laws of the state or jurisdiction where the theft occurred. Penalties can include fines, restitution, and possible imprisonment.

In most cases, a minor cannot hold a lien on real estate property because they lack the legal capacity to enter into a binding contract. However, a guardian or parent may be able to hold the lien on behalf of the minor until they reach the age of majority.

No, one heir cannot legally evict another heir from their shared inheritance without following proper legal procedures. Each heir has rights to the inheritance and must be treated fairly and within the confines of the law. If there is a dispute, it is advisable for the parties to seek legal advice to resolve the issue.

If the property is owned jointly, you can leave your portion of the property or your portion of the ownership to someone.

Inheritance from a common law arrangement depends on state laws. Very few states recognize common law marriage. If the decedent dies without a will the property passes according to the state laws of intestacy and children from a prior marriage usually take a statutory share of the estate. You can check the laws in your state at the related question links below. However, you should consult with an attorney in your state for a definitive answer if you may be affected by this issue.

Inheritance from a common law arrangement depends on state laws. Very few states recognize common law marriage. If the decedent dies without a will the property passes according to the state laws of intestacy and children from a prior marriage usually take a statutory share of the estate. You can check the laws in your state at the related question links below. However, you should consult with an attorney in your state for a definitive answer if you may be affected by this issue.

Inheritance from a common law arrangement depends on state laws. Very few states recognize common law marriage. If the decedent dies without a will the property passes according to the state laws of intestacy and children from a prior marriage usually take a statutory share of the estate. You can check the laws in your state at the related question links below. However, you should consult with an attorney in your state for a definitive answer if you may be affected by this issue.

Inheritance from a common law arrangement depends on state laws. Very few states recognize common law marriage. If the decedent dies without a will the property passes according to the state laws of intestacy and children from a prior marriage usually take a statutory share of the estate. You can check the laws in your state at the related question links below. However, you should consult with an attorney in your state for a definitive answer if you may be affected by this issue.

Yes, all heirs typically need to agree to the sale of property when there is no will. Each heir has a legal right to inherit a portion of the property, so their consent is usually required for any decision regarding the sale of the property. If an agreement cannot be reached, a court may need to be involved to determine the outcome.

A will is a legal document that outlines how a person's assets are to be distributed after their death, while a life estate grants someone the right to use and enjoy a property during their lifetime. In a life estate, the individual has the right to live in the property or receive income from it, but ownership reverts to another party upon their death.

You must ask the trustor, the person who made the trust. Otherwise, you need to wait and see if you are ever notified that you are a beneficiary of a trust.

You must ask the trustor, the person who made the trust. Otherwise, you need to wait and see if you are ever notified that you are a beneficiary of a trust.

You must ask the trustor, the person who made the trust. Otherwise, you need to wait and see if you are ever notified that you are a beneficiary of a trust.

You must ask the trustor, the person who made the trust. Otherwise, you need to wait and see if you are ever notified that you are a beneficiary of a trust.

In general, children from a second marriage do not inherit rights or assets from the estate of their parent's previous deceased father. However, laws vary by jurisdiction, so it's important to consult with a legal expert to understand specific rights related to inheritance and estate laws in your region.

If all four siblings are listed as legal owners of the deceased parents' house, then decisions regarding its sale would typically require unanimous agreement. If one sibling is able to establish power of attorney or has been assigned as executor of the estate, they could potentially make decisions on behalf of the others, but this would depend on the specific legal arrangements in place.

Courts typically give preference to the next of kin when appointing an executor of an estate, especially if they are willing and able to fulfill the role. However, the final decision ultimately depends on the specific laws and circumstances of each case. Factors like competency, potential conflicts of interest, and the wishes of the deceased may also be considered.

Yes, a spouse is considered next of kin in South Carolina. They have legal rights to make medical decisions and manage the estate of their deceased spouse.

A settlor is not the same as a trustee. The settlor creates the trust by transferring assets into it, while the trustee manages and administers the trust for the benefit of the beneficiaries. In some cases, the settlor can also be a trustee, but they are distinct roles with different responsibilities.