Estates

You can obtain a copy of a decedent's will by contacting the probate court in the county where the individual lived. Wills are usually filed with the court after someone passes away. You may need to show proof of relationship or interest in the estate to access the will.

Absolutely not. And take note, no one is an executor until they have been appointed by a court. The will must be filed in probate and the court will appoint the executor. Once appointed the executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the probate court. Any executor who fails to perform their duties according to the will and the law can be sanctioned by the court.

Yes, a revocable yet perpetual license can exist if the licensor reserves the right to revoke the license at any time but grants permission for the licensee to use the licensed property indefinitely. Despite being revocable, the licensee can continue to use the property for as long as the licensor does not choose to revoke it.

Being a direct heir means that you are directly descended from someone who has passed away, and are entitled to inherit their property or assets. This typically includes children, grandchildren, and other close relatives.

Yes, it is possible for an executor of a will to also be named as an heir in the will. However, it is important for the executor to fulfill their duties impartially and in the best interest of the estate and other beneficiaries to avoid any conflicts of interest.

The parol evidence rule is used to prevent parties from presenting evidence of prior or contemporaneous agreements that contradict or vary the terms of a written contract. Its purpose is to promote the finality and integrity of written contracts by ensuring that the terms contained within the written document are considered the complete and final expression of the parties' agreement.

To become an attorney-in-fact, you need to be legally capable of making decisions and you must be appointed by someone through a power of attorney document. There are no specific educational or professional requirements to become an attorney-in-fact, but it's important to act in the best interests of the person who appointed you.

No. Generally, heirs-at-law must be related by blood or by legal adoption. Your father's second wife is not related to his children by his first wife.

If the children were legally adopted by the second wife then the answer is maybe, depending on the laws of intestacy and whether she had a will leaving her property to someone else. You can check the laws of intestacy for your state at the related question link below.

You need to consult with the attorney who represented you in the matter. She/he knows what type of case you are referring to, whether attorney's fees are allowed under state laws and the likelihood of your prevailing in a case for attorney's fees.

The executor is responsible for making sure all assets in the will are accounted for, along with transferring these assets to the correct party (parties). Assets can include financial holdings, such as stocks, bonds, or money market investments; real estate; direct investments; or even collectibles like art. The executor has to estimate the value of the estate by using either the date of death value or the alternative valuation date, as provided in the Internal Revenue Code (IRC)

The executor also needs to ensure that all the debts of the deceased are paid off, including any taxes. The executor is legally obligated to meet the wishes of the deceased and act in the interest of the deceased.

The first and second estates had political power and authority, did not have to pay taxes, collected tolls from peasants using their mills etc. and did not have to serve in the military.

An executor is not the executor until appointed by the probate court. Go to the probate court and request the file. You can read the will and monitor what the executor has done. She must file an inventory with the court and will need to file an account when the estate is closing to show the court where all the assets went. She must follow the provisions of the will. If she is not performing her duties properly and with expediency you can request she be replaced with a new executor.

In the United States, anyone can sue anyone. Sometimes the suit has no basis and no lawyer will touch it with a 10 foot pole and it is ruled frivolous and the person bringing the lawsuit loses both his filing fee and his shirt, but, yes, it can be done. Since you use the term estate, you might mean your grandfather just died. You might mean he has a will that is in probate. In that case, you might be better off entering a claim against the estate in probate court. That must be done immediately if not sooner. If you do not understand what is going on, you might see a probate lawyer.

Laws vary from state to state. In most a person can be mentioned in a will with the comment that the person is legally disinherited.

Some states will not allow you to do this for a spouse or a minor child and have provisions to take care of them even if your will says otherwise.

Another way is to transfer all of one's real property reserving a life estate and listing the persons you choose to have your property as remaindermen. Upon your death the fee will be owned free and clear of the life estate by the remaindermen.

There is also a living trust

You must follow the provisions in the trust document for termination of the trust. If the trust was recorded in the land records a termination should be recorded AFTER the real property is properly transferred from the trust by the trustee according to the provisions of the trust.

No. If your mother has a life estate, she has the right to the use and possession of the property. If you are actually dwelling on the property, your mother is not and is causing a problem, you should consult with an attorney who can review your situation and explain your options.

Trust law is one of the most complex bodies of law. The provisions to draft a valid trust vary from state to state. Errors made by non-professionals, even some attorneys, can be deadly and very expensive to correct IF they can be corrected.

You need to consult an attorney, with a good reputation, who can review your situation, understand your needs and explain your options. There are tax consequences that must be considered when making transfers to a trust. If the trust fails, the property will remain in the trustor's estate and the estate will need to be probated, trust property will not pass as desired and various taxes may be owed by the estate on the trust property. If you are contemplating such a complicated method of estate planning you need to consult a professional.

If the estate has been filed for probate you can go to the probate court and read the will. Once a will is filed for probate it becomes a public record. You can even get a copy to keep for your records.

An heir is a person who is legally entitled to inherit the assets, property, or titles of a deceased person according to the laws of intestacy or through a will. The designated heirs can include family members, relatives, or individuals named in a deceased person's estate planning documents.

No, a person must file a quitclaim deed in the state where the property is located because real estate laws and recording requirements vary by state. The document must be filed with the appropriate county or municipal office to be legally binding.

"Under trust dated" typically refers to a legal arrangement where assets or property are held and managed by a trustee for the benefit of a beneficiary. The trust document, often referred to as the trust deed or agreement, specifies the terms and conditions under which the assets are to be managed and distributed.

To set up an irrevocable trust for a grandchild, you typically need to work with an estate planning attorney who can help draft the trust document. You will need to fund the trust with assets, choose a trustee to manage the trust, specify the terms of the trust, and designate your grandchild as the beneficiary. Once the trust is established, the assets will be managed according to the terms you set forth for your grandchild's benefit.

In Pennsylvania, there is no state inheritance tax on the sale of inherited property. However, capital gains tax may apply if the property is sold for a profit. It is recommended to consult with a tax professional for guidance specific to your situation.

The time limit to press charges for the illegal access to a deceased person's safe deposit box varies by jurisdiction. It is best to consult with a lawyer or legal authority in the specific area where the crime occurred to understand the statute of limitations for such offenses.