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.
Can you exclude yourself from a will?
United Kingdom
Yes, assuming the persons whose will it is has passed away you can create a deed of variation to alter your entitlement. Legal advice should be sought. In the UK, you can not create a deed of variation to deliberately avoid an increase in assets if you are receiving means tested or state benefits etc.
United States
Yes. The beneficiary can file a disclaimer with the court and give their inheritance back to the estate to be distributed as intestate property. This is often seen in estates in which priests and nuns have inherited a portion which they disclaim to be shared by their other siblings. An interest in real property must be clearly and specifically disposed of.
Do you need to probate your father's estate if he left a living trust before he died?
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.
Can executors fee be put on settlement statement without prior approval of all beneficiaries?
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.
How do you obtain letters testamentary when the deceased had no will in Oklahoma?
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.
How do you go about getting a copy of a will and when it was filed?
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.