Estates

Probate is typically not needed for assets held in a living trust because they pass directly to the beneficiaries named in the trust. However, any assets that were not properly placed in the trust before your father's death may still need to go through probate. It's important to review the trust document and consult with an attorney to ensure all assets are properly accounted for.

It depends on the specific laws and regulations of the region where the estate is being settled. In some cases, executor fees can be included in the settlement statement without prior approval of beneficiaries if the terms were agreed upon in the will or approved by the court. It is generally advisable for the executor to communicate and obtain consent from beneficiaries to avoid potential disputes.

You would need to file a petition with the court for letters of administration. The court will appoint someone to administer the estate, typically a close family member or next of kin. The administrator will then have the legal authority to handle the deceased's estate according to Oklahoma intestacy laws.

Visit the court where the will was filed, request the file and either make a copy at the public copier or order a copy from the clerk. You can call the court to determine how a copy can be obtained by mail.

The Third Estate was a term used during the French Revolution to describe the commoners and working-class individuals who made up the largest segment of society but had the least political power. They were typically burdened with heavy taxes and lacked representation in government, leading to their grievances and eventual uprising against the monarchy.

The cost varies in different jurisdiction. The cost varies according to the complexity of the estate. The cost varies according to the amount of assets that must be addressed. The cost varies if there is a testamentary trust set forth in the will. The cost varies according to the amount of legal advice it will take to review and address your needs. The cost varies according to how much time the attorney and her/his staff will need to spend working on your will.

An attorney would need to review your particular situation in order to explain your options and estimated costs. You should contact several attorneys in your area and ask for a free consultation to discuss your needs and the cost of drafting your will.

The beneficiaries of a trust are not usually the "actors". Acting jointly or severally generally pertains to entities that perform the same functions such as trustees. A trust can provide that the trustees can act jointly or severally. That means, one trustee can take any action allowed by the provisions of the trust without the consent of the other trustee. You need to add more details regarding how you think "jointly and severally" would apply to beneficiaries.

To claim your cousin's estate, you will need to determine if they left a will. If there is a will, you may need to file a petition for probate in the appropriate court. If there is no will, you may need to go through the intestate succession process in accordance with the laws of your state. It is recommended to seek the assistance of a probate attorney to help guide you through the legal process.

The major role would be communication between family and relatives. Kin keeper is actively involved in keeping members informed about family gatherings, illnesses, deaths and information regarding individual accomplishments. They also help maintain family traditions.

Yes, you can change a trustee in a will by creating a new will that specifically designates a different individual or organization to serve as trustee. It's important to follow the legal procedures in your jurisdiction to ensure that the changes are valid and legally enforceable.

In the absence of a will, laws of intestate succession govern property distribution. Typically, surviving children would inherit a portion of the estate based on state laws. The exact distribution would depend on factors such as the number of children, spouse's rights, and other relatives.

An individual could transfer all her property to a trust so that she owns nothing at the time of death. However, property might be missed or property may come into the estate as a result of the death. A person who has a trust should also have a will.

Estate planning is a complicated process that requires expert advice. You should arrange a consultation with an attorney who specializes in estate planning and tax law who can review your situation and explain your options.

Yes, if a decedent's wishes are clearly outlined in a will and there are no challenges or disputes from interested parties, those wishes are generally carried out by the executor of the estate. Probate court oversight may still be required to ensure the proper distribution of assets according to the will.

In Western countries and other modern, developed, civilized societies, children (or wives) are not considered property. However, in many places in the world that is not so. You would need to do a country by country research project if you have specific countries in mind.

Generally speaking, no. A trustee has to have access to financial records, meet with beneficiaries, and conduct all the other duties a trustee is required to do. That is simply not available to someone who is incarcerated.

Once a will has been filed for probate it becomes a public record. If the will was filed for probate you can visit the probate court, request the file and read the will. If the will was not probated then you have no right to read it and will need to ask someone in possession of the will for permission.

For a number of reasons. To ensure the testaor was not under duress when he was signing the will. Also to ensure it was in fact the testator themselves who signed the will. This is a very important part of signing a will. Generally, a will must be signed in the presence of two witnesses, who are actually in the room with the person at the same time. I have seen a number of wills invalidated because this step was handles incorrectly.

Typically, there are some restrictions on leaving property in a will, such as laws that protect certain family members who may have been excluded or provisions that may be against public policy. It's important to consult with a legal professional to ensure your will complies with all relevant laws and regulations.

Revocable and irrevocable trusts become a public record only if they have been recorded in the land records because they hold title to real property.

The residuary beneficiaries of an estate are entitled to receive the balance of an estate after assets are distributed and all obligations are paid. For example, if a will specifies that one primary beneficiary is due $5,000,000 from the corps of an estate, the residuary beneficiary will receive the remaining balance after attorney fees, estate taxes, and other charges are withdrawn.

Not necessarily. An estate's residue typically includes assets remaining after debts and specific bequests are settled. It may include real estate, cash, investments, and personal property, but personal items like clothing or jewelry may not be considered part of the residue if they are specifically bequeathed to someone.

Putting a house in probate is necessary after the homeowner passes away if there is no living trust or co-owner named. This legal process ensures that the deceased's assets, including the house, are distributed according to their will or state laws. Probate is required to transfer the property title to the rightful heirs or beneficiaries.

Generally, no. A properly drafted trust removes the property from the decedent's estate and the property passes according to the terms of the trust. That is the primary reason for transferring property to a trust.

Trust law is one of the most complex areas of law. The surviving spouse should consult an attorney who specializes in trust and probate law who can review the situation and explain the options. However, actions to break a properly drafted trust can be extremely costly and rarely succeed.