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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
Can you refuse to be a trustee?
Yes. When a person is named as a trustee there is generally an acceptance executed by the trustee and filed with the trust. You only need to make if known you do not wish to serve and the trustor can name a different trustee.
You have a problem if the original trustor is deceased and the trust was used to remove property from their estate, especially if the trust holds real estate or valuable personal property such as insurance policies, investment accounts and bank accounts. You may need to bring the matter to court and get a court order that validates the unacknowledged copy. This is a good reason to record trusts in the land records. You need to consult with an attorney who can review your situation and determine your options under your state laws.
How do you obtain your mom's will?
First, a family member must know where a person keeps the Will so that if the person dies, someone can bring it out. Second, after a person dies, the Will must be probated, meaning it must be brought to the Probate Court to be recorded. If the person has debts or is owed money by "entities" (i.e. whoever), the Estate must still be probated even if there is no will or if it cannot be found; the estate would be treated as if the person never made a will, e.g. the person died Intestate, meaning "with no will".
If you are the Administrator of a Will, you will already have a copy of the will. If you were not the Administrator, you can request a copy at the Clerk of Courts office. If it is still in Probate, the Clerks' office may waive the copying fee since you are a direct relative. If for any reason your request is denied, you can hire an Attorney to investigate the denial and to represent your interests in the estate.
Do step children have any rights as next of kin?
Only step-children who were legally adopted by the decedent would be considered legal next-of-kin.
There is a rare exception in states such as New Jersey in which the estate of a person who dies with no other heirs at law can pass to step-children. These issues are governed by state laws of intestacy.
You can check the laws of intestacy in your state at the related question link.
What amount of inheritance was received under right of primogeniture?
Generally, under systems of primogeniture, the eldest son inherited the entire estate. Females and younger sons were disinherited. Customs and laws varied in different jurisdictions and different countries. An internet search will yield thousands of sites that describe the right of primogeniture in different places during different periods of time.
What is the historical meaning of chattel and chattel law?
The term chattel is derived from the root word cattle.
In some jurisdictions chattel refers to items of property that are movable as distinguished from real property. In others, it refers to tangible and intangible personal property. In that sense it can refer to a right or an interest in real estate less than a fee interest such as a leasehold. A chattel mortgage is an obsolete form of loan secured by personal property.
The most interesting and disturbing aspect of chattel law is the notion of women as chattel that has woven itself into legal codes throughout history. In various times, places and cultures such as Merry Old England, the Hebrew Bible, The Code of Hammurabi and the Middle East, a bride price was/is an amount of money or property paid by the groom to the parents of his bride, she thus becoming his possession like a horse, a wagon or household utensils. Its origins were before recorded history and it established the wife as property, or, chattel. That practice established the world-wide dominion over women by men. Most European noblewomen were joined to their husbands in chattel marriages. In the patriarchal society of Old New York, women were treated as chattel and only valued as objects. For many men a wife still remains his chattel, in theory.
Historically, under common law, damages could be awarded to a husband on the loss of his wife due to the actions of another because his wife was considered chattel. In certain Middle Eastern societies, women (and women in some Orthodox Jewish cultures) are still considered chattel having no legal existence outside their husbands, fathers, sons and brothers. A husband owns his wife and any children of the marriage. In some areas, that chattel status is modified to only include sexual and reproductive rights that are owned by husbands.
Can a different person other than a legal guardian be appointed over a minor's estate?
A guardian is the legal entity appointed by the court to manage property for a minor. A guardian is sometimes referred to as the custodian of a child's estate.
A custodian is also a term used by the Uniform Transfers to Minors Act (UTMA) and Uniform Gifts to Minors Act (UGMA) for the person named to manage property left or given to a child under the terms of either of those Acts. The custodian manages the property until the child reaches the age specified by state law -- 21, in most states. Then the child receives the property outright, and the custodian has no further role in its management. The Acts have been adopted by some states and allows an arrangement by which a donor can designate a custodian for a minor for managing gifts under a certain dollar amount ($13,000).
How does one probate an estate?
Go to the clerks office of your local probate court get the necessary documents, fill them out, and return them to the clerks office. Better than that spend a few hundred dollars and hire a probate attorney to handle.
If there is real property involved, or a substantial amount of personal property, you should consult with an attorney who specializes in probate law in your jurisdiction. When anyone dies owning property, their debts must be paid before any assets can be distributed to the heirs. An estate representative must be appointed by the court and they must settle the estate according to state law. The estate representative is personally liable for any errors they make contrary to probate law or any waste caused by their errors.
Briefly, the estate representative's duties include the following:
- Safeguard the assets, changing locks if necessary until the will is presented for probate
- Select the attorney who will handle the estate
- Submit the will for allowance and petition for appointment as executor if there is a will
- Publish notice and notifies heirs at law and beneficiaries
- (Once appointed) Open an estate account if necessary
- Assemble, Inventory and take custody of assets
- Notify Social Security and insurance companies of the death
- Pay the debts of the estate according to statutory priority
- Administer the estate according to the provisions of the will and state law
- If there is no will the estate must be administered according to the state laws of intestacy
- File the estate tax return
- Distribute the estate
- File the final account
If you are the spouse can you bring a law suit against the estate if treated unfairly?
In most states a surviving spouse cannot be disinherited and can claim a share of the estate under the doctrine of spousal election. Generally, it is much simpler than a will contest and only requires the filing of the claim with the probate court. You should consult with an attorney who specializes in probate law in your area who could review your situation and inform you of your rights and options under your state laws.
Can you bring a law suit against an estate?
Yes, you can bring a lawsuit against an estate if there are legal grounds to do so, such as outstanding debts owed by the deceased. The executor or personal representative of the estate would typically handle any legal matters on behalf of the estate. It is advisable to seek legal assistance to navigate the process effectively.
What is the inheritance laws in Florida if your dad dies and he is named in a will?
If your father was a beneficiary under a will and then died after the testator, it depends on the construction of the will. As long as your father survived long enough to inherit the legacy, it will pass under the terms of his own will or will pass as intestate property according to the state laws of intestacy to his heirs-at-law. You can check the laws of intestacy for Florida at the related question link provided below.
Is a codicil a clause in a will affirming the testator's testamentary capacity?
A codicil is a legal document that allows an individual to make changes or additions to their existing will without rewriting the entire document. It does not affirm the testator's testamentary capacity, but it does require the same legal formalities as a will and must be executed by a person of sound mind.
Can an Indian grandson can get his grandmother's property?
In India, as per the Hindu Succession Act, a grandson has rights to his grandmother's property only if his parent who is the deceased's child is also deceased. The property will be divided among all legal heirs as per the law, which may include the grandson depending on the circumstances. It is advisable to seek legal counsel to understand the specific details of the situation.
How do you know if a power attorney has been revoked?
A power of attorney is typically revoked by executing a written revocation document and providing a copy to the appointed attorney-in-fact, financial institutions, and relevant parties. Additionally, you can inform the attorney-in-fact, institutions, and individuals involved that the power of attorney has been revoked. It is advisable to seek legal counsel to ensure the proper revocation process is followed.
Is a son in law a next of kin?
A son-in-law is not considered a next of kin in the legal sense. Next of kin typically refers to a person's closest living blood relatives, such as a spouse, children, parents, or siblings. However, the relationship with a son-in-law can still be important in familial matters.
You need to consult with an attorney who specializes in probate in your jurisdiction who can review your situation and explain your options. It may depend on how the real estate was titled. If the property was in your father's name then you may be entitled to a share. His estate must be probated. If there is no will that can be found then an administrator must be appointed by the court. You need legal advice from a professional who knows all the facts, can check on the title of the real estate and can apply the laws in your state.
If your brother survived your parent and has inherited a share in the property he can make a will leaving his interest to his girlfriend. In fact, that's exactly what he should do if he wants her to have his share in the event of his death. Otherwise, his share would pass according to the state laws of intestacy to his heirs at law. Generally, his heirs at law would be his spouse and children or if he has none, his siblings.
In Texas must a handwritten will be notarized?
In Texas, a handwritten will, also known as a holographic will, does not need to be notarized to be valid. However, the will must be entirely in the handwriting of the testator and signed by them to be legally binding.
Can notary witness quit claim deed Florida?
Yes, at least in Florida. Even in the recorder's office, the recorder, who is also a notary public will witness the document and proceeds to notarize it himself. A power of attorney is a totally different case. Also, if the notary is notarizing the signatures of the winesses in any ddocument, he cannot be a winess himself.
What does heir to heir mean in a will?
"Heir to heir" in a will means that a person is designated as the beneficiary or inheritor of assets who, in turn, designates another person as their beneficiary or inheritor. It establishes a succession plan for the assets to pass from one designated person to another.
Why are laws of inheritance are necessary?
Laws of inheritance are necessary primarily because the world needs a way to know the identity of the new owner of property when the owner dies without leaving their instructions in a will. They provide an orderly passage of title to property.
However, in some areas of the world, laws of inheritance have been used historically to disinherit women and to prevent women from owning property. Those type of inheritance laws are necessary only to protect male dominance in patriarchal societies.
Does your heir at law have the same mother and father?
Siblings have the same parents. Heirs-at-law are all the people who would inherit your property according to your state laws of intestacy if you died without a will. They are listed generally as follows:
- your spouse, in some jurisdictions, your spouse and children
- if no spouse your children
- if no children your parents
- if no parents your siblings
- if siblings are deceased, their children
- and on and on
You can check the laws of your state at the related question link provided below.
You have a handwritten will. What other forms do you need to settle your cousins estate?
Generally, you need to take the will and a certified copy of the death certificate to the probate court and petition to be appointed the executor of the estate unless some other person is named as executor in the will. The court will provide the necessary documents for filing and also provide instructions for publishing a notice and notifying the heirs at law and beneficiaries under the will. The will must be examined by the court and if found to be valid it will be allowed and the petitioner will be appointed if there are no objections. If there are substantial assets or real estate you should consult with an attorney who specializes in probate law.
If property is left to the fathers children undivided can one of the children be disinhereted?
Your question is somewhat unclear. If you question whether one of the children can be left out after the parent has died the answer is no. If the father left the property to all his children then each has an undivided interest in the property and no child was disinherited. That means each has the right to the use and possession of the property. If the property is sold and there are five children, each will receive one-fifth of the net proceeds.
If your question is whether a parent can disinherit a child, the answer is generally yes if the child is an adult. You must check your state laws to determine how a will must be drafted to effectively disinherit an adult child. In some states, if the will is not properly drafted, the court will decide the child was simply forgotten and will then distribute share to that child.
Minor children cannot be disinherited.
Can a Florida notary also witness a will?
No, in Florida a notary public cannot act as a witness for a will. Witnesses for a will must be individuals who do not have a personal interest in the will and meet specific legal requirements outlined in the Florida statutes.
