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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 an in-law inherit an estate?
If the decedent died intestate (without a will) an in-law would not be considered an heir-at-law. You can check the laws of intestacy for your state at the related question link provided below.
Of course, a person can leave property to an in-law in her will.
Are step children next of kin?
Stepchildren are not automatically considered next of kin. It depends on the specific laws of the jurisdiction and any legal arrangements that may be in place, such as adoption or guardianship. In some cases, stepchildren may be included in the definition of next of kin, while in others they may not. It is advisable for individuals to specify their preferences in legal documents like wills and healthcare directives to ensure that their stepchildren are considered as next of kin if desired.
Who is considered legally a minor in PA?
In Pennsylvania, a minor is usually considered any person under the age of 18. However, there are some exceptions, such as certain circumstances where minors can be considered adults for legal purposes.
Whatpart of the estate is a wife entitled to?
It depends if there is a will or trust involved. If a spouse dies the other spouse usually gets everything unless the family home or other items have been intrusted or willed.
AnswerSee the related question link below for the laws of intestacy for your state. The laws of intestacy determine a surviving spouse's share of an estate. Generally, even if the surviving spouse is disinherited by will, they can claim a share under the doctrine of election. That share is generally equal to the share they would receive if the decedent had died intestate.
When should a living trust be updated?
of course! Wills, trusts, and other estate planning tools should always be current to reflect your most recent situation. Although planning for death is an unwelcome idea for many, it is important that you protect your loved ones by keeping these things current.
To answer your immediate question: your father didn't leave you anything when he died if he didn't have a will.
If your father died intestate (without a will) and owned any property at the time of his death, his property would be distributed to his heirs-at-law according to the state laws of intestacy. If he was not survived by a spouse then, generally, his property would be distributed to his children and/or the children of any deceased child. You can check the laws of his state at the related question link below.
However, if your father died owning property his estate would need to be probated. An Administrator would need to be appointed by the probate court and THEN the Administrator would have the authority to settle the estate and to distribute the property according to state laws after the payment of any debts.
You can check to see if a probate was ever filed in your father's estate by contacting the probate court that serves his jurisdiction by telephone or in person and asking a clerk to check the index for a file under your father's name. If a probate file exists you can go to the court and review the file. It should contain an inventory of your father's assets and a record of the distribution.
Is step daughter before sisteras next of kin?
Legally, a step-daughter is typically not considered a next of kin in the same way a biological sister would be. Next of kin is usually defined as a person's closest living blood relative, such as a parent, sibling, or child. However, this can vary depending on specific circumstances and local laws.
How do you avoid children from contesting a will?
To avoid children contesting a will, you can clearly communicate your reasons for your decisions, seek legal advice to ensure the will is legally valid and meets all requirements, and consider including a no-contest clause that disinherits anyone who challenges the will. It may also help to involve your children in discussions about your estate plan to prevent misunderstandings or resentment.
Can a person sue another person?
In the United States, in order for a person to sue, you must be of legal age (18, or an emancipated minor), legally competent, and have what is referred to as "standing".
Standing means that:
- You were the party which suffered some form of damage, OR, you are the legal guardian/executor/ etc. of a person which cannot themselves sue (being a minor, mentally incompetent, dead, etc.) but which suffered damage
- The damage sustained must be actual or imminent, not theoretical or hypothesized. That is, you cannot sue because something might possibly cause you damage. You must actually suffer damage or the damage must have a very significant possibility of occurring in the very near future. The later case ("very significant possibility") has a strict legal definition, not the common language use.
- The damage you receive must be reasonably attributed to the defendant, not some third party (in practice, this is often abused when filing a lawsuit, but is generally quickly resolved when the case actually begins).
- The damage you sustain must be able to be stopped (or mitigated) by a favorable decision in the lawsuit. That is, if the damage you receive cannot be fixed (including via monetary compensation) or is inevitable, then you cannot bring the suit.
A person may sue any legal entity. However, certain suits against various government entities are disallowed, under the concept of Sovereign Immunity.
Charlie bequeathed his house to Morgan. This is the proper way to use bequeath in a sentence that makes sense.
Which of these is a legal term that describes the property a person owns?
Ownership is the legal term that describes the property a person possesses.
Does stepmom get house and property that father had before their marriage after fathers death?
In most cases, the stepmom does not automatically receive the house and property that the father owned before their marriage upon the father's death. The distribution of assets would typically follow the father's will or intestacy laws if there is no will in place. It's important to consult with a legal professional to understand the specific laws that apply in the relevant jurisdiction.
My Father named me executor of a will can someone try to change it?
Upon your father's death you will need to file his will for probate. In the usual order of business the court reviews the will to make certain it meets the technical requirements for a valid will in your state. If the will is found to be valid, it's allowed and the court appoints the person named in the will as executor as long as they have not declined to serve. Others may file objections to the appointment of the executor at that time but they would need to provide compelling evidence to the court that the named executor should not be appointed.
Does a administor of a estate have to divide the estate equally?
The Administrator of the estate MUST distribute the estate according to the laws of intestacy. Their only powers of discretion may lie in devising a fair system of distribution of personal items that cannot be divided equally.
Administrators are under the supervision of the court that made the appointment and must follow the laws of intestacy in making distribution. The Administrator will be held personally responsible if they violate the law. You can check the laws of intestacy of your state at the related question link provided below.
How do you notorize as an attorney in fact?
To notarize as an attorney-in-fact, you typically need to present the power of attorney document to the notary, along with your identification. The notary will then verify the document and witness your signature as the attorney-in-fact on behalf of the principal. Make sure to check the specific requirements in your state for notarizing documents as an attorney-in-fact.
What are a sole heirs rights regarding the actions of being written out of a will?
A sole heir who has been written out of a will may challenge the validity of the will in court, typically on the grounds of lack of capacity, undue influence, or fraud. They may also have rights to contest the will as a disinherited beneficiary, depending on the laws of the jurisdiction. It is advisable for the heir to consult with a probate attorney to discuss their legal options.
The right of inheritance is the legal right to receive assets or property from a deceased person. It allows for the passing on of wealth and possessions to family members or individuals designated by the deceased through a will or the laws of intestacy.
Are there states where the step up in cost basis for an inheritance is not allowed?
The step-up in basis is governed by Internal Revenue Code Section 1014, which defines the procedures and theory. Federal law prevails over state law in filing US income tax returns.
Individual states may pass laws restricting stepped-up basis or redefine the process as it pertains to the state treatment of basis. However this is a consideration in file a state income tax return; the a federal US tax return.
Lawrence L Erickson, E.A.
Oregon Licensed Tax Consultant
Once a will has been filed for probate it becomes a public record. You can go to the probate court and request the file. Then you can review the will, make copies if you wish, and monitor the actions of the executor.
The executor is required to file an inventory with the court listing all of the real and personal property belonging to the decedent at the time of death. After the property is distributed according to the will the executor must file an account for the court, detailing where all that property went.
What is a second wife's inheritance right in Oklahoma without a will?
A second wife is entitled to the statutory portion set forth in the state laws of intestacy as the surviving spouse as long as she was married to the decedent when he died. You can check the laws for Oklahoma at the related question link provided below.
What does Az law state when one spouse dies without a will?
What happens if you die without a Will? How will your property in Massachusetts pass to your loved ones? It is often said that if you don't have an estate plan, the State has one for you. Here it is:
1) If a person dies with a spouse, and with kindred (relatives) surviving them, (but no children), the spouse is entitled to the first $200,000 and half of the remaining real and personal property. If the personal property is not sufficient to provide the surviving spouse with $200,000, real estate owned by the deceased can be sold or mortgaged to provide for the surviving spouse.
If the deceased leaves issue (children, and children, grandchildren, etc. of deceased children), the surviving spouse shall take one half of all real and personal property.
If the deceased leaves no issue or kindred, the surviving spouse inherits all of the real and personal property.
2) After the surviving spouse's share is distributed, or if there is no surviving spouse, the remaining property is distributed in equal shares to the decedent's issue, by right of representation. If all issue are of the same degree of kindred (i.e., all are grandchildren, or all are greatgrandchildren) they shall share equally.
If the decedent leaves no issue, than to his or her mother and father, or the survivor of them.
If the decedent leaves no issue and no parents, than the property goes to his or her brothers and sisters, of the issue of any deceased brothers and sisters.
If the decedent dies with no issue, parents or siblings then the property is distributed to then to his next of kin in equal degree; but if there are two or more collateral kindred in equal degree claiming through different ancestors, those claiming through the nearest ancestor shall be preferred to those claiming through an ancestor more remote.
3) If someone dies with no spouse or kindred, their property shall escheat to the Commonweatlh.
Those without a Will may think that their spouse will inherit all of their property upon their death, but as you can see, it is possible that a spouse would only inherit half of the property held in the decedent's name alone, while also providing for distributions to rather distant relatives. Is this how you would want your Will to read?
No, they do not have to sign. The executor of the will has the authority to sell the property. But they must have the permission of the court to do so. The other beneficiaries will then be able to state their position. Consult a probate attorney!
You can check with the deceased person's close family members or search their personal belongings for a copy of the will. Contact local probate courts and banks where the person might have had safe deposit boxes. Additionally, consult the American Bar Association or hire a professional investigator to assist in locating the will.
How do you force out executrix of will?
If there are grounds to remove an executrix of a will, you typically need to petition the probate court. Common reasons for removal include misconduct, conflict of interest, or incompetence. It's recommended to consult with a probate attorney to guide you through this legal process.
The two heirs who did not convey their interest in the property still own their shares and have the right to the use of the whole property. The heir who acquired additional interests owns the property along with the other two all as tenants in common. If the person who resides on the property tried to mortgage or sell it, the title examination would disclose the additional owners and they would need to join in the action.
