Estates

The legal term is not generally used in terms of a will. It is a legal term used in contract law meaning that if a member of a group is unable to fulfill his or her contractual obligations the other members of the group are responsible.

If the will was "probated" it has become part of the public record and you can visit the court of jurisdiction and review the file. If the will was not probated then you do not have access to it.

The rights of a minor child in a deceased parent's estate depend on state laws and the parent's will. Typically, minor children are entitled to inherit from their deceased parent's estate, either through intestate succession laws or as specified in the parent's will. A guardian or trustee is often appointed to manage the inheritance on behalf of the minor child until they reach the age of majority. Consulting with a legal professional would help determine the specific rights of the minor child in this situation.

There is no set time table to reviewing your will. If your financial circumstances change then review it. If you acquire new relatives through birth or lose any through death then review it. If you change your mind or if the circumstances of your beneficiaries change then review it. Just keep it in mind and if something changes then you can change or update your will.

The will must be presented to probate court for "allowance" and to have an executor appointed. Once the will has been filed you will receive notice if you are named in the will as a beneficiary.

The time limit for pursuing a debt on the estate of a deceased person varies by state, but it is typically around 2-4 years. After that, the debt may be considered time-barred and uncollectible. It is important to consult with an attorney or probate specialist to understand the specific laws in your jurisdiction.

This answer posted is wrong when it states: "it means giving a power to the trustee in the will , so trustee can sell , collect money of property and so on , depends on the powers mentioned under this section" In fact, the gift of a life estate when set out in a Will means that the person receiving the gift (usually the right to live in the family home), can use the home and live in it for the remainder of his or her life. Upon their death, the property typically goes back into the original estate, to be distributed or sold, as directed in the original will. The person receiving the gift can neither sell the property or re-gift it under his or her own will, he or she can simply live in the property for the remainder of his or her life.

Generally, interest in jointly owned real and personal property passes automatically to the surviving owner. Joint bank accounts may pass into the estate if they were made joint only for the purpose of convenience.

The first born male receives double portion of their fathers inheritance and become responsible for the family.

The Spanish tradition allows the first born (son) the entire portion

The Chinese give the first born son the entire portion excluding female born.

In many jurisdictions, illegitimate children have rights to property, although these rights may vary depending on the laws of the specific country or state. In some places, illegitimate children may need to take legal steps to establish their relationship to their parent in order to inherit property. It is advisable to consult with a legal professional for specific guidance on this issue.

Wills are public information only if they have been filed for probate in a court. They are typically, but not always, filed for probate in the county of the decedent's residence. If that county has online records, you may be able to find out if an application to probate a Will has been filed there. It would be under the decedent's name. Typically, the document itself won't be available online. I've heard it's because we generally don't want sensitive asset information to be accessible online (for obvious reasons). If the Will has not been offered for probate, you won't be able to determine online whether or not a Will existed.

A trust set forth in a Last Will is called a testamentary trust. While the testator is living they can change the trustee in their testamentary trust simply by executing a codicil and attaching it to the Will. However, once the testator has died, only the court can appoint a new trustee if a new trustee becomes necessary and a successor was not named in the Will.

A trustee MUST follow the terms set forth in the trust. The trustee has no other authority to deal with the trust property except as directed in the trust document. If you think the trustee is violating the trust you can bring an action in your appropriate court to have the trustee removed and a new one appointed. There may be provisions in the trust for removal of the trustee.

If there is no beneficiary assigned to an ESOP plan upon the plan participant's death, the plan assets typically become part of the participant's estate. The assets would then be distributed according to the participant's will or the state laws of intestacy if there is no will in place. It is important to consult with a legal advisor or the plan administrator for guidance on the specific details and implications in such situations.

If it is revocable, yes. If not, no. Exception: if you retained a power of appointment in the trust agreement, you may be able to change the beneficiaries to anyone included in the class of people described in the power of appointment.

The form that you need may vary depending on the situation and the laws of your state.A deed is a legal document and any error can result in a cloud on the title of the property. An error in a deed can be costly to correct and those types of errors are commonly made by non-lawyers seeking to save money. Deeds cannot be rescinded if you have made a mistake or change your mind. There are so many things that can go wrong.
Law offices have software that will produce a perfectly drafted deed. You should seek the advice of a real estate attorney who will draft a proper deed for your jurisdiction that will accomplish the change in ownership that you desire.

You would have to bring a motion for a hearing before a judge and provide sufficient testimony from witnesses and experts, if possible (his doctor), to prove your claim. The judge would then make a decision.

Albania resisted communism the longest among Eastern European nations. The communist regime in Albania lasted until 1991, making it one of the last countries in the region to transition away from communism.

As a beneficiary of a discretionary trust, the solicitors acting as trustees will have the power to make decisions on whether, when, and how to distribute the trust funds to the beneficiaries. Their decisions will be based on the terms outlined in the trust deed, which will detail the criteria for distributions and the beneficiaries' interests. It is advisable to review the trust deed and consult with the trustees or legal counsel to understand how the trust will operate.

Letters testamentary. Not letters of testamentary. You file an application to admit the Will to probate and for an order authorizing and directing the clerk to issue the letters. Some courts will allow you to proceed pro se, others require that you use an attorney.

A holographic will is a will written completely in the handwriting of the testator that does not meet statutory requirements for a legal will. Holographic wills are legal in NY only under limited circumstances for people in the military, people associated with the military, and mariners all as set forth in the section at the link below. At NY Statutes: Click on EPT-Estates, Powers & Trusts Click on Article 3 Part 2-Execution of Wills Click on 3-2.2- Nuncupative and holographic wills

When you inherit a house in a will it is just the property which you inherit and not the contents unless the deceased person has stipulated in their will that you are to inherit the contents with the house otherwise the contents could have been left to other people or become part of the deceased persons estate

Since a beneficiary has no fiduciary responsibility to the trustee it is unlikely the trustee would encounter a situation where she would need to sue a beneficiary unless perhaps the beneficiary had stolen or damaged trust property. In that case a suit could be brought in the appropriate court. More common are suits by the beneficiaries against the trustee.

The answer depends on the laes of the state where the will is probated. Generally, a person can relinquish rights to inheritance at any time during the decedent's lifetime or within a fairly short statutory period after the person's death. During the lifetime, a person can make a writing that specifically gives up the right to inherit. A verbal relinquishment may or may not be valid. After death, a beneficiary or heir can "disclaim" any part of or all of his/her inheritance. The disclaiming process is usually governed by statute and will be effective only if the statutory requirements are met. One of the most important requirements will be filing the written disclaimer within the period of time fixed by statute. For example, in New Jersey, the disclaimer must be filed within 9 months of the date the property vests in the person disclaiming