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Estates

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

6,325 Questions

In Tennessee does your spouse automatically own half your inheritance?

Maybe not half, but a portion of the inheritance is. I have an aquaintance who's wife inherited 3 million from her parents. He abruptly moved her to Tennessee when he found out she had stage four lung cancer. Even tho she had a will leaving the 3 million to her sister, and the rest of her estate to her husband (community property) he still got 1 million of the inheritance on top of all the community property. So he got an extra million. That's the wonderful Tennesse state inhertance laws. But only if you are a selfish controlling money hungry spouse. The funny part is that Tennessee changed the law from husband to spouse only a few years ago. In the past the husband got the wifes inhertance but if the husband died she didn't. At the funeral, I over heard a "good ol boy" attorney friend of his asking, "did she die in Tennessee?, did she die in Tennessee?" He said "Yeah", and the attorney told him, "I taught you well son".

If the natural father and they leave no will does the property go to the natural children?

If aman dies, his property normally goes to his spouse. If he has children from a previous marriage, the property is typically split between the current spouse and the children (natural or adopted), half going to the spouse and the other half being divided between the children. Consult a probateattorney in the appropriate state for specifics in that state.

Will probate court determine if the deceased was legally divorced?

That would certainly be important to the process. The executor may have to obtain the divorce decree to prove the divorce exists. If there is a decree, it will be presumed to be valid.

Who has burial rights on a grave if deceased eldest child of the deceased has also died?

Burial sites are typicaly property just like anything else. The issue would be determeined by the laws of the State of residence of the original owner, either through their will, or the intestate law statute

In Colorado how does an heir get a copy of the will if the executor refuses to give them one?

== == File a request with the probate court to obtain a copy of the will and any other pertinent documents that have been presented to the court. POAs become null and void upon the death of the grantor.

How do you take ownership of a vehicle that was inherited from a deceased parent and is still being financed by GMAC?

The vehicle will need to be refinanced with the lender after probate procedures have been completed. The new owner will then need contact the DMV in their state to obtain information on how to have a new title issued in their name.

What are 1099 C forms issued for?

They report the cancellation of a debt.

That becomes income to the one who benefited.

The cancellation or write off, is really just an accounting entry so the creditor no longer shows the aset of the receivable on the books. They probably will not receive anything.

Is joint ownership of property of husband and wife a good estate planning tool?

Yes it is. If one spouse dies the house/property will automatically go to the living spouse according to the Will. If you don't have a Will please have one drawn up. If you aren't leaving money to children, then keep it simple and just leave everything to the surviving spouse. Here is another thought (I just found this out and I live in British Columbia, Canada) both parties should have joint ownership on both vehicles in the family so if one spouse dies the vehicles goes directly to the surviving spouse and there is no red tape to go through. The next time you have your car insurance renewed ask them about this and they'll glide you through it.

Answer/ClarificationYes. Joint ownership of property is an essential estate planning tool. There are two options.

People who are legally married have the benefit of a special tenancy for real property ownership: tenancy by the entirety. In any jurisdiction where TBE is allowed, that is the first choice for joint ownership. In those jurisdictions where TBE is not an option then any couple, married or not, should own as joint tenants with the right of survivorship. That way when one dies the full ownership of the property passes automatically to the survivor, bypassing probate. That is especially important when there is no will or when the couple is not legally married.

Your sister is the executor of your Uncles will in New Jersey and has been lying and causing trouble in the family from day one how should we handle this?

Your sister is the "Executrix" (female.) If you know the lawyer she is dealing with then you can call the lawyer. Also, she must give a copy of the Will to all heirs in that Will (by law!) This could be a confidential matter re the lawyer, but if one or all of you are heirs in this Estate the lawyer can tell you this and will give you a copy of the Will. Being an Executrix is a serious matter, and she will have to probate all properties, personal/property taxes, monies, retirement funds, stocks/bonds, etc. She has got to account for every penny! When one probates (the law) this makes sure all creditors are paid and what is left in the Estate goes to the heirs in the Will according to the decease's instructions. If you don't know who the lawyer is dealing with the Will, you have a right to form a complaint with a lawyer that you are not satisfied with the Executrix (your sister) and your lawyer will find out the information for you and if proven she is causing trouble and not giving the heirs the information they are entitled too, then she can be removed from duty. Either someone else in the family may be given the job of Executor (male) Executrix (female) or, the courts may issue a trustee in this matter. I suggest you see a lawyer and let your sister know you have seen the lawyer. This may scare her enough into cooperating with the rest of the family. Sometimes people who are given the position of Executor/Executrix feel they have all the power over everything, and the truth of the matter is, it's a big responsibility and they have little power. They are there to follow the request in the Will made by your uncle, and that's it! Good luck Marcy

If your parents' will names your sister the executrix to the estate and also states waiver bond what does this mean?

It means that if she takes any of the money from the estate you will have to try to get it back from her. With a bond, the bonding compay pays and then goes after the sister. It is a very good idea to insist on a bond regardless of what the will says if there is any substantial amount of money involved. lwpat * When the will indicates "waiver bond" it means the person who is making the will has released the executor or executrix from the obligation of posting a bond to secure the estate during the probate procedure. Although obtaining a security bond is a good source of protection for all parties involved, it often creates animosity amongst family members as it is sometimes viewed as a sign of mistrust.

What advantages are there to having your name on the deed to your mom's house in case she passes Disadvantages?

one advantage i that you won't have to pay federal estate tax or inheritance tax on the property because it has not been willed to you but it is your b4 she dies. next is that her "estate" won't have to go through probate court cuz there is no realestate to change hands. The property would need to be properly titled in order to bypass probate procedure and not be subjected to state inheritance taxes, federal tax would not apply unless the amount is more than $600,000. The home should be titled Joint Tenancy With Rights To Survivorship, to assure proper succession at the time of either owners demise. The disadvantage would be if one owner wanted to sell the property and the other did not agree, the seller would need to be "bought out" or the property would have to be subjected to partitioning through the court. There might also be an issue of creditor attachment should one of the owners find themselves in financial difficulties. It is extremely important for persons who are not married to use caution in the wording of a title to any type of real property.

If your husband is the executor to his mother's estate do you have to sign dowry rights when he sells her condo?

No, the executor does not have an interest in the real property. He is not selling it, the estate is. If he inherits the property, then he has an interest in it and there could be dower rights involved. That is an issue that varies from state to state. It would be best to contact a local probate attorney, one who is familiar with laws in your state, to answer that question.

What can you do your dad passed suddenly intestate he and his sibling are on the deed of what was their parents house does his share pass to your mother if not what can be done?

The answer depends upon how your Dad and his siblings took title to the property: as tenants in common or as joint tenants with right of survivorship. As joint tenants with right of survivorship, his share would pass to the other siblings named in the deed. If they acquired as tenants in common, then his share would pass to his heirs at law according to the laws of his state. In that case your Mother would need to petition to be appointed administrator of his estate in order for title to pass legally to his heirs, his widow and children.

Can children of a deceased parent be allowed access to the parent s apartment even if they are not the executor?

Yes they can, but it is the Executrixs (female) Executors (male) responsibility to be sure all contents are kept in tact until the Will is probated (making sure all creditors and all taxes are paid on any property.) The family can divide family photos and a few other items, but not much else. If caught it is really against the law, but many families will go into the house as a group (say 2 or 3 siblings ... all should be present) and if necessary equally divide whatever furnishings there are and personal contents. This does not include the house and that must go to probate. Say for instance your parent(s) owned a ranch and they raised race horses. You cannot sell the ranch, take some of the horses or sell those horses until Probate and everything is divided in accordance to the Will.

If a 72-year-old veteran is convicted of attempted murder in the 1st degree does it nullify his military funeral entitlement?

Considering the veteran's age, and the fact it was attempted murder (old age can cause many diseases that can make the elderly become violent towards usually a mate) and he has served his country with honor, then it's highly unlikely that they will nullify any entitlements due him re a military funeral.

Just to be sure, contact "Veteran's Affairs" and ask them. If there should be some problems then find a lawyer to see if this old veteran can be buried in a military fashion because he has served his country well.

AnswerAs is the case in any legal issue, there is no universal course or routine of action. It depends a lot on the circumstances of the incident and additionally his prior criminal record. If for example he served the Air Force for 30 years and had no history of chronic arrests or violence then his latest conviction would have no bearing on his final arrangements.

On the other hand, if he merely served a few years during his early 20's for instance and has led a life of violent, sociopathic, and irresponsible acts then regardless of what he's entitled to he should not be buried with any special honors, if not less than average especially if this murder attempt ruined someone's life. Basically, it's hard to say but neither the family or the veteran can make this decision. It is at the discretion of the regional VA administrator and the government. For more information, see the "Related Link", below.

WHat does the Boeing 787 look like?

It looks like a twin-engine airliner. The nose is a little different from most other planes - it's more rounded - but unless you're really up on your airplanes, it would be hard to tell what it was.

Why Had the Estates-General not been called for 175 years?

The purpose of estates-general was to approve new taxes. However, the King did not consent and began reforming tax. But, in 1788, the Estate-general was called after 175 years.

How do you relinquish inheritance?

To relinquish an inheritance, you can renounce it by formally stating your intention to give up your claim to the inheritance in writing. This document should be notarized and filed with the appropriate court or legal authority. It's important to understand the legal implications of relinquishing an inheritance, as it typically means you will have no further rights or claims to the assets or property involved.

How many oranges did the titanic carry in her provisions?

In preparation of the Titanic's voyage, they stocked up on linens and foods. On the food list, it includes fruits like oranges for 36,000.

Is executor fee in NJ taxable?

Yes, the executor fee in the state of NJ is taxable. However, it is only 5% taxable and up to $200,000 dollars.

What is the amount of authorized share capital?

The amount of authorized share capital refers to the number of stock units that a publicly traded company can issue as stated in its articles of incorporation. It can also be as agreed upon by a shareholder vote.

What rights does a spouse have in a mother in laws inheritance?

A spouse does not have any right to a mother in laws inheritance unless they are named specifically in the ill. You could contest the will with an attorney but you probably wouldn't win.

What happens if attorney in fact dies?

If an attorney dies during the middle of your case you will be reassigned a new one. Essentially you will start over.

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