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Estates

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

6,325 Questions

When was The Next of Kin created?

The Next of Kin was created in 1942.

What if the executor refuses to read the will?

The named executor has no authority until they have been appointed by the court and she/he is obligated by law to file the will with the probate court within a reasonable period of time, usually around 30 days. If they don't produce the will they are in violation of law.

If the named executor is with-holding the will then the family has several options. Another family member should tell that person they will file a petition for administration as though the decedent had no will. The court will notify all the interested parties of the petition and if the executor doesn't produce the will the court will appoint an administrator to settle the estate according to the state laws of intestacy. The family could also file a complaint with the probate court that the named executor is with-holding the will and the court can issue an order to file it. The family could object to the appointment of the named executor and another person could request appointment.

You should consult with an attorney who specializes in probate who can review your situation and explain your options. A letter from an attorney might motivate the executor to produce the will.

Who wrote Ram Charit Manas?

Shrī Rāmcharitmānas is an epic poem in Awadhi, composed by the 16th-century Indian poet, Goswami Tulsidas (c.1532-1623). You can read more about it at the link below.

When was Children of Songea Trust created?

Children of Songea Trust was created in 2005.

Is there a difference between lifetime rights and a will that states someone may live in a house or basement as long as needed and the other owners can do nothing?

A life estate is valid for the life of the individual that it was granted to. It can be granted through a will or through a legal document. The life estate establishes rights for that individual. The other owners can attempt to purchase the rights, but they cannot take them away.

Step mom for 25 years children were 7 and up when you married the real mom was not in the picture you raised the children will you have to divide up everything with these children if your husband were?

Not unless your husband's Will states it. Although you have every right to be looked after should you become a widow, it would be nice if something was left to the children as well. The children should have the right to a few personal things of their fathers (or mothers should she have left anything behind which your husband may have kept.)

What does an executor of estate do when a will wasn't made and there is a lot of unknown debt Is it mandatory to post who the executor is in the newspaper so these debts can be paid?

That is one of the primary purposes of creating an estate. The executor has to contact all known debtors and advertise for unknown debtors. There has to be a method for these debtors to contact the executor to place their claims.

Ame churuh trustee scriptures to read in church?

Sure, some trustee scriptures to consider reading during a church service are Proverbs 11:1 (honesty and integrity), Galatians 6:7 (reaping what you sow), and 1 Corinthians 4:2 (stewardship and faithfulness). These verses can help remind trustees of their responsibilities and guide them in fulfilling their duties.

Name out the first person received akkineni nageswara rao award?

Akkineni Nageswara Rao was an Indian actor and producer who passed away in his sleep in 2014 as the result of a heart attack. The Akkineni Nageswara Rao Award, known as the ANR National Award, was first instituted in 2005. It was awarded to the actor, writer, director and producer Dev Anand that same year.

What is a living trust template?

A living trust template is a generic trust instrument. These documents are sold for a variety of uses such as estate planning tools to avoid the expense of probating an estate, to remove property from the reach of creditors or to minimize taxes. Be warned that states have various requirements for creating a VALID trust document. A trust that is valid in California or Florida may not be valid in Massachusetts. To hold title to real property in Massachusetts a trust must conform to Massachusetts law. Therefore, generic trust documents downloaded from the internet are extremely unreliable. The legal problems that can result from these generic trusts can be extremely costly.

A common example is a document that allows the trustor to declare himself the trustee and the beneficiary during his life and then names a successor trustee who will distribute the property after the trustors death. These trusts have become very common and are invalid.

In the example provided above there was no trust created. When the same person is the trustor, trustee and the beneficiary, any property transferred to the "trust" remains in the estate of the "trustor". Upon the death of the trustor-trustee-beneficiary the estate must be probated. If the "trust" was used for tax purposes during that "trustor's" life there may be taxes and penalties owed.

Another problem frequently seen in generic trusts is the failure to provide all the necessary provisions for the trustee to deal with the property. There are examples where a trust was created and the property was transferred to the trust. However, the trust failed to grant the power to sell the property to the trustee. Therefore, once the property went into the trust there was no means by which it could come back out. In other cases the trustee has died and the trust fails to make provisions to appoint a successor trustee. In those cases, the interested parties must hire an attorney and petition the court to make the necessary modifications to the trust so the property can be transferred to the beneficiaries or sold.

When contemplating the transfer of property to a trust you should consult an attorney who is knowledgeable about trust law in your state.

Are there private prisons in California?

Yes, there are private prisons in the state of California. When the public prisons are overflowing, the prisoners are sent to private prisons. Private prisons cost the state millions each year to house prisoners.

What is Per stirpes with regard to life estates?

That means a testator granted a life estate and when the life estate holder does the property is to be distributed per stirpes to the descendants of the testator.

See related question for definition of per stirpes.

How can you find your grandparents will?

To find your grandparents' will, start by asking your family members if they know any details about it, such as the lawyer or law firm involved. Check with local probate courts where your grandparents lived, as wills are usually filed there. You can also search online public records or consult with an estate attorney for further guidance.

How do you get a copy of the entire trust of a deceased person?

To obtain a copy of the entire trust of a deceased person, you typically need to request it from the executor or trustee of the trust. They are usually responsible for administering the trust and should have a copy on file. Alternatively, you may need to contact the probate court or an attorney involved in the probate process.

If you inherit land from your grandfather and then pass away does that land go to your spouse or children?

Generally:

It depends on the circumstances. If the grandfather died and left his property to his children and one had predeceased him, the predeceased child's children would generally inherit their parent's share as heirs of their grandfather.

If you inherited property from your father, your interest will generally become part of your estate and pass according to your will or the laws of intestacy if you have no will. Under the laws of intestacy your husband would inherit all or some of your interest.

You need to consult with an attorney in your jurisdiction to determine what your options are under your local laws. You can check out the laws of intestacy at the related question link provided below.

Is a pass on death deed legal?

The law is different in each jurisdiction. You should discuss the jurisdictional legality, possible problems and consequences of that type of deed with an attorney who is an experienced conveyancer.

What rights does a lifetime childless spouse have in intestacy?

The rights the childless spouse has in intestacy vary depending on the jurisdiction. In some jurisdictions, the childless spouse has the right to inherit the entire estate if there are no other surviving relatives. In others, the spouse may receive a portion of the estate alongside other surviving relatives. It is important to consult the laws of your specific jurisdiction to determine the rights of a childless spouse in intestacy.

What happens if there is a sole beneficiary and a trustee sole benficiary dies what happens to the trust corpus?

It depends on the language of the trust agreement. If it is silent on the issue, then it should pass to the estate of the person who created the trust. ==Additional Answer== In most jurisdictions a trust must have termination language in order for a valid trust to be created. It must contain instructions regarding the disposition of the trust property after the death of the beneficiary. Instructions for the disposal of the trust property is especially important when the trust holds the title to real estate. A valid trust makes provisions for the trustee to dispose of the property when the trust is terminated or upon the death of the beneficiary. If there is no power in the trust to dispose of the real estate then that matter must resolved by a court of jurisdiction in order to clear the title. The title to the property would not pass back to the trustors estate unless the trust was found to be invalid and so the trust failed and the trust property had REMAINED in the trustor's estate. You would need to check your state trust laws.

What group is known as the Fourth Estate?

The group known as the Fourth Estate refers to the press or media organizations. It is sometimes used to emphasize the important role of the media in democracy and as a check on government power. The term originated in the 18th century, highlighting the media as an unofficial fourth branch of government alongside the legislative, executive, and judicial branches.

If a person dies intestate in Pennsylvania and owns property in Virginia which states laws govern?

Generally, the laws of the state where the property is located apply. If a person who lives in New York dies intestate owning real property in Massachusetts then Massachusetts laws of intestacy would govern the distribution of the property.

Can your money be disbursed prior to your death?

Yes. Your money can be gifted to your children before your death. The limit was $10,000 per year per person. You should consult with an attorney who specializes in estate planning to help you create a plan that will avoid the need to pay taxes on the gifts.

If your brother who is one of your father's executors moved into his property and now refuses to leave now that your father has died can he be forced to vacate?

A person who occupies land or property and not being the tenant or tenant holding over after the termination of a tenancy who has entered into or who remains in occupation of the property or land without a licence or the consent of the person entitled to occupation is a squatter in possession and has a good title against all but the true owner whose right may be barred by lapse of time and you will have to begin summary proceedings for claiming possession as against squatters

Who is your sisters next of kin if both parents are dead?

If both parents are dead, the next of kin for your sister would typically be determined by the laws of intestacy in your jurisdiction. This generally means that her next of kin would likely be her closest living blood relatives, such as siblings, grandparents, or aunts/uncles. If there are no living relatives, the next of kin may be determined by a legal guardian or appointed representative.

If a surviving spouse is not named the beneficiary of a retirement account can this be contested?

It depends on the specific circumstances and applicable laws. Generally, if a surviving spouse is not named as the beneficiary of a retirement account, they may be able to contest the decision if they can demonstrate that they were unjustly excluded or if there was a mistake or misconduct in the beneficiary designation process. However, the success of a contest would depend on various factors, including state laws, the terms of the retirement account, and any supporting evidence provided. It is advisable to consult with an attorney experienced in estate planning and probate to understand the specific options and requirements in your situation.

What powers does the Attorney General have?

The powers of the Attorney General vary depending on the country and jurisdiction. Generally, the Attorney General is the chief legal advisor to the government and head of the legal department. They oversee law enforcement agencies and can bring criminal prosecutions on behalf of the state. The Attorney General also typically has the authority to give legal opinions and represent the government in lawsuits.