How do you get proof that you are legal heir to your husbands estate?
To prove you are the legal heir to your husband's estate, you typically need to provide documents such as the marriage certificate, the deceased husband's will (if one exists), and any legal documents that establish your relationship to him. Consulting with an estate attorney can help you navigate the legal process and gather the necessary proof.
Can beneficiaries of a will agree to take inheritances?
Yes, beneficiaries of a will can agree to take inheritances. This is often done through a process called a family settlement agreement or a deed of variation. Such agreements must comply with legal requirements and be recorded properly to be valid.
What rights do a widow have to mother in-law estate?
The rights a widow has to her mother-in-law's estate depend on the laws of the specific jurisdiction. Generally, a widow may be entitled to a share of the estate if her spouse did not leave a will or if the will provides for her. It is recommended for the widow to consult with a probate attorney to understand her rights and options.
How long does a trustee have to notify beneficaries?
The timing for notifying beneficiaries can vary depending on the trust document, state laws, and the type of trust. However, trustees generally have a duty to inform beneficiaries about their interest in the trust within a reasonable time after the trust becomes irrevocable or upon the death of the trust creator. It is best to consult with an attorney familiar with trust administration to ensure compliance with relevant laws and the terms of the trust.
In California can a spouse revoke a revokable living trust without the other knowing?
No, it is not possible for a spouse to revoke a revocable living trust without the other spouse knowing in California. Both spouses typically have rights and responsibilities in managing community property, including property held in a revocable living trust. Any changes made to the trust would likely require the knowledge and consent of both spouses.
How did he realized that he is heir of slytherin?
Harry Potter discovers that he is the heir of Slytherin in "Harry Potter and the Chamber of Secrets" through a series of events that lead him to the Chamber, where he battles the basilisk and Tom Riddle's memory. He learns that he can speak Parseltongue, the language of snakes, which is a trait of Slytherin's heirs.
Can a revocable trust be broken?
Yes, a revocable trust can be revoked or amended as per the wishes of the trust creator. The trust can be broken by following the specific instructions outlined in the trust document or by legally revoking it through a formal process.
Can step children contest a will?
In most cases, stepchildren can contest a will if they believe they were unfairly or inadequately provided for in the will. However, the laws governing this can vary by state and country, so it is advisable to seek legal advice to understand the specific rights and options available in a particular situation.
Can a heir be forced to sell his share of an estate?
They have a share of the estate. That is not necessarily a share in a specific item or property. The executor sells and the proceeds are distributed per the will. Until you receive the property, you have no control over what is done with it.
What rights do a surviving spouse have if not mentioned in the will?
The rights of a surviving spouse vary by jurisdiction, but generally include the right to claim a portion of the deceased spouse's estate, known as the "elective share." This ensures that the surviving spouse receives a minimum percentage of the estate, regardless of what is stated in the will. Additionally, the surviving spouse may also have the right to certain property or assets owned jointly with the deceased spouse. However, it's important to consult with a legal professional to understand the specific laws and rights applicable in your situation.
Can the ex wife inherit the estate when the exhusband died without a will?
You would need to consult an attorney (lawyer), but probably not as the wife is no longer next of kin. When someone dies intestate (without a will) the property is managed by the state who will distribute it to the deceased's next of kin (children first, then brothers sisters - cousins etc) following the laws of the country. An ex wife is no longer really in the picture - BUT if you have had children with the husband, they will be entitled to inherit.
However, an ex-wife could calaim against her deceased ex-husband's estate for child support arrears or for financial obligations in the divorce decree that were not satisfied. If you feel this applies to you, you should consult with your divorce attorney who could review your situation and determine what your options are.
How do you apply for Letters Testamentary?
To apply for Letters Testamentary, you typically need to file a petition with the probate court in the county where the deceased person lived. The court will review the petition and appoint you as the executor of the estate, granting you Letters Testamentary, which give you the legal authority to act on behalf of the estate. It is recommended to consult with an attorney for guidance through this process.
Does a conservator have more power that a poa?
The court appointment of a conservator would extinguishany power previously granted under a power of attorney. The conservator would have full authority over the estate of the conservatee or protected person.
Can you be sued for selling property without life estate?
If you sell property without disclosing that it includes a life estate to someone else, you could potentially face legal consequences. It's important to be transparent about the ownership rights associated with a property before selling it to avoid any legal issues. Additionally, it is advisable to seek legal guidance to ensure that all parties involved are properly informed and protected.
What evidence can legally break a trust?
Evidence that the trustee has violated their fiduciary duties, mismanaged trust assets, engaged in fraud or dishonesty, or is unable to carry out the terms of the trust can potentially lead to the trust being broken legally. Each case will depend on the specific circumstances and the governing trust laws in the jurisdiction.
What is the most common outcome for children when a single mother is sent to prison?
mostly the kids get sent to the next of kin but if not a child home and if not then they could go to prison with their mother.... they would be treated normally like a normal kid but it wouldn't be the same
What is the major role of a kin keeper?
Kin keeper is actively involved in communication between family members by keeping members informed about family gatherings, illnesses, deaths and information regarding individual accomplishments etc. Kin keeper also helps
maintain family traditions.
Can a house go into foreclosure while it is tied up in probate?
Yes, a house can go into foreclosure if the mortgage is not being paid, even if the property is tied up in probate. It's important to communicate with the lender and the probate court to address the situation and explore potential solutions.
Can you do a partitation on property were there is a will?
Yes, when there is a will, the property is distributed according to the deceased person's wishes as outlined in the will. The executor of the will is responsible for overseeing the distribution of assets to the beneficiaries as per the instructions in the will. It is advisable to engage legal counsel to ensure the proper execution of the will and the distribution of the property.
Is a common law wife considered next of kin?
No, a common law spouse typically is not considered next of kin unless recognized as such under specific state laws. Next of kin are usually defined as blood relatives or legally married individuals. It's advisable for common law spouses to have legal documentation in place to establish rights in case of emergency.
How can you find out if somebody has left you something in his will?
If the individual is still living, unless you ask them and they agree to answer, there is no requirement that they reveal this information in advance and no legal way for you to pursue it. However, after the person is deceased and the will is presented for probate, if you are named as an heir you must, by law, be notified.
Does the trustee who is your sibling have to provide the beneficiary with a copy of parents trust?
Yes. You should be able to review the trust. You can also ask for a regular accounting so that you can monitor the trustee's management of the trust property. If the trustee refuses you can file a motion in a court of equity to compel an inventory and accounting. You should consult with an attorney who can review your situation and explain your options.
How does an executor find a heir if they have no address?
For probating the estate, the executor is usually instructed to send notice to the last know address and to publish a notice in the local newspaper.
However, as a practical matter, there are people who do that type of research. Also, you should ask family members, distant relatives, old friends, neighbors, former employers, class reunion organizers, etc., to see if anyone has any idea where he might live. You can search online and at websites such as Ancestry.com. Probate lawyers usually have some experience and associates who can do more thorough search.
Is an executor of a will the same as the trustee?
No. An executor settles an estate according to the provisions in the will. A trustee manages a trust according to the provisions in a trust.
A trust may be set forth in a will. In that case the will must be probated with the executor in charge of the probate of the will. Once the probate process is completed the court will allow the trusteeship and officially appoint the trustee. Then that trustee will manage the trust according to the provisions set forth in the will.
Can you sue a dead mans estate?
Yes, you can sue a deceased person's estate through a legal process known as probate. In such cases, the executor of the deceased's estate would handle any legal claims against the estate. It is important to consult with a lawyer to understand the specific procedures and requirements for pursuing a legal claim against a deceased person's estate.