Estates

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.

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.

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.

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.

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.

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.

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.