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Estates

Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.

6,325 Questions

Does a trust override a will?

A person's will is intended to direct the distribution of their property after their death. Sometimes a person's assets change during life. If a person transferred property to a trust during his life that property would not become part of his estate unless some provision in the trust directed that the property should pass to the estate. Therefore a trust would "override a will" if the property mentioned in the will had already been transferred to a trust during the life of the testator.

Do you have to probate a will?

In the UK it would depend on the value of the deceased assets. Generally speaking if the assets are under £5000 and no institution i.e bank or insurance company have asked you for a grant of probate it may not be necessary

Brother and sister both on deed is it equal property?

Not necessarily. Being on the deed as a joint tenant with rights of survivorship means they each have an equal share in the property. However, being on the deed as tenants in common means they could have unequal ownership shares. It's important to clarify the type of ownership when both siblings are on the deed.

What does a complete address mean In legal terms.?

A complete address in legal terms means the street address, the apartment number, the city, state, and country. In addition, a legal description of the geographic coordinates of the address is necessary.

What if a family member steals the car of the deceased?

If you really mean to tear this family apart have the executor of the estate contact the police dept. and file larceny charges.

Theft is theft and stealing from the dead is the worst theft of all...

Have the executor of the estate call police and report the vehicle as stolen have said family member arrested for grand theft auto (a felony charge)..

Let said family member go through the process of being arrested,jailed,posting bail,and being arrained by the court...Then on the day of said family members criminal trial have the executor ask the court to drop the charges....thus teaching the evil doer a very good lesson...

However if said family member is not very well liked then allow the charges to remain and let them be convicted of grand theft....

How do you know if you are in someones will?

You don't unless they tell you. There is no requirement for them to tell you. When the will is brought to probate after the testator's death, the court requires that all beneficiaries of the will be notified. Until then, you simply don't know.

Who is responsible for registering property left in a will?

The executor or personal representative named in the will is responsible for registering property left in a will. They are responsible for transferring the assets from the deceased owner to the intended beneficiaries according to the wishes outlined in the will.

What are Colorado laws on surviving spouse and property?

Surviving spouses in Colorado are entitled to property that was shared with the deceased partner, even if no will explicitly says so. The survivor also has the ability to be named as the personal representative of the estate.

Can 1 heir sell property out of five in Ohio?

Yes, in Ohio, if there are multiple heirs to a property, one heir can sell their share without the consent of the other heirs. Each co-owner has the right to sell or transfer their interest in the property without approval from the other co-owners.

My family and were told by my father several times that he had a will and it's missing so and we have reason to believe his step-children have stolen it--what legal rights do we have if any?

Chances are the lawyer who drew up this "official paper" has the original in his/her files. If the will was drawn up using a computer program, chances are the copy of the will is also embedded as a file somewhere on the hard drive. People sometimes store a will in their safe deposit box at a bank or credit union.

What are the powers of executor of will?

The powers are defined by the state. In most cases they give the executor the right to represent the estate in legal transactions. They are also responsible for taking care of the estate and preserving it for proper distribution.

Can a felon inherit property in California?

Yes, a felon can inherit property in California. Being a felon does not disqualify someone from inheriting property or assets through a will or trust. However, certain restrictions may apply to felons in terms of their legal rights and abilities.

How can someone find out if they have been named in a will?

To find out if someone has been named in a will, they will have to contact the deceased person's lawyer or estate manager. This is the only way they can find out more details about the will, as well as when it will be read.

Your step father contacted you saying his father died and his children were named in his will to receive the interest from some land his father owned You are 36 and he how do you find out what is mine?

Your step father's father died and you think you are entitled to something? Did your step father adopt you? If he didn't adopt you, there is probably no entitlement, unless you were specifically named in the will.

The executor of the estate, who may be your step father, will have to show the courts that he distributed the estate as the will specified. If you are in the will, you are entitled to be able to read it. If you are not in the will, and were not adopted, they don't have to share it with you.

Can an Heir request a copy of a will?

Yes, in most cases, an heir can request a copy of a will from the executor of the estate or the probate court once the will has been filed for probate. It is important to follow the proper procedures and protocols for requesting and obtaining a copy of the will.

My sister demanded my mother turn over 18000.00 to her for safe keeping My sister in turn has spent the money and still tells my mother she is keeping her money safe Has she committed a crime?

Yes, this would be a crime. It is fraud. She has stolen money from your mother and spent it. She has also lied to your mom, she told her she was keeping it for safe keeping. Could have, but to me sounds like it was because someone threatened her life or something like that. i dont think so, but i do think she should tell her mother what she has done because one day her mother might ask her for it because she needs it and if she tells her then,then they could get in some very bad trouble

How do you get a free will and testament form?

It will depend on your jurisdiction. Some states have a statutory will, it allows you to fill in the blanks and have a valid will. There are many packages available and some are offered free online.

What does with will or will annexed mean when talking about an estate case summary?

An administrator with will annexed is an administrator (appointed by the court) who takes the place of an executor under a will. The administrator steps in either when a will fails to nominate an executor or the named executor is unable to serve.

How do you obtain letters testamentary?

In Dauphin County, Pennsylvania, you must take an original death certificate and the Original Will to the probate court office at the county courthouse. Note there is a fee which is based on the estimate value of the assets. My fee, which was for assets under $10,000 cost me over $80.

How do you locate an attorney if you just have their last name?

Most state bar associations have an online directory. You can go to that web site and search by the name for the attorney.

If you don't find it there, you can call the state bar association and inquire has to whether they have retired and perhaps who took over their practice. This can be important if you believe a will was filed at that law office.

What is a will?

A will is a legal document that specifies how a person's assets and property are to be distributed after their death. It allows individuals to outline their wishes regarding beneficiaries, guardianship of minor children, and other important decisions. Having a will in place can help ensure that assets are distributed according to the person's wishes.

How do you execute a will?

"Execution" means putting your signature on it, having it witnessed and having your signature, and the witnesses signatures notarized. Your state laws will dictate how many witness signatures are needed.


What are the rights of a widow?

This is an extremely broad question, too broad for an answer that will help you. The question has to specify the type of legal right involved, such as inheritance where a spouse has died with a will or without a will; whether there are children of the marriage or children of the marriage and of a previous marriage or if the legal area involves rights as to joint property as opposed to rights in the estate itself. In adition, since this question was initially placed in "Debt Responsibility" it is possible that the thrust of the question is as to liability for a spouse's debts, rather than rights to inheritance. Another must is identification of the state in which the decedent died. Different states have different laws regarding such rights. Some states may have minor variances from one another, whereas some may have very significant differences. Unless the state involved is known, no one can give a helpful answer. In fact, some generalized answers may do more harm than good if such answers overlook some variation.

How do you get a copy of a will?

If the will has not been filed with the probate court, you can't. If it has been and the person is deceased, you can get one from the court house. For historic records, contact the courthouse with the name and date of death. They will usually provide copies for the cost of making them.

If someone is granted a life estate and they remarry how will this affect the life estate?

When someone with a life estate remarries, it can complicate the ownership rights and future disposition of the property. The new spouse may have certain rights or claims on the property depending on the laws of the jurisdiction. It is recommended to consult with a legal professional to understand how the remarriage may impact the life estate.