Estates

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.