Estates

In Western countries and other modern, developed, civilized societies, children (or wives) are not considered property. However, in many places in the world that is not so. You would need to do a country by country research project if you have specific countries in mind.

Generally speaking, no. A trustee has to have access to financial records, meet with beneficiaries, and conduct all the other duties a trustee is required to do. That is simply not available to someone who is incarcerated.

Once a will has been filed for probate it becomes a public record. If the will was filed for probate you can visit the probate court, request the file and read the will. If the will was not probated then you have no right to read it and will need to ask someone in possession of the will for permission.

For a number of reasons. To ensure the testaor was not under duress when he was signing the will. Also to ensure it was in fact the testator themselves who signed the will. This is a very important part of signing a will. Generally, a will must be signed in the presence of two witnesses, who are actually in the room with the person at the same time. I have seen a number of wills invalidated because this step was handles incorrectly.

Typically, there are some restrictions on leaving property in a will, such as laws that protect certain family members who may have been excluded or provisions that may be against public policy. It's important to consult with a legal professional to ensure your will complies with all relevant laws and regulations.

Revocable and irrevocable trusts become a public record only if they have been recorded in the land records because they hold title to real property.

The residuary beneficiaries of an estate are entitled to receive the balance of an estate after assets are distributed and all obligations are paid. For example, if a will specifies that one primary beneficiary is due $5,000,000 from the corps of an estate, the residuary beneficiary will receive the remaining balance after attorney fees, estate taxes, and other charges are withdrawn.

Not necessarily. An estate's residue typically includes assets remaining after debts and specific bequests are settled. It may include real estate, cash, investments, and personal property, but personal items like clothing or jewelry may not be considered part of the residue if they are specifically bequeathed to someone.

Putting a house in probate is necessary after the homeowner passes away if there is no living trust or co-owner named. This legal process ensures that the deceased's assets, including the house, are distributed according to their will or state laws. Probate is required to transfer the property title to the rightful heirs or beneficiaries.

Generally, no. A properly drafted trust removes the property from the decedent's estate and the property passes according to the terms of the trust. That is the primary reason for transferring property to a trust.

Trust law is one of the most complex areas of law. The surviving spouse should consult an attorney who specializes in trust and probate law who can review the situation and explain the options. However, actions to break a properly drafted trust can be extremely costly and rarely succeed.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.