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Estates

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

6,325 Questions

Is personal representative responsible for mortgage of estate?

They are responsible for paying it from the estate's funds. They do not have to pay it personally.

Can a bank provide a loan to an estate beneficiary if the will is true to what is stated within?

Yes, but only if ALL of the following are true:

* The death is not contested

* The will is not contested

* Probate debt is clear

* Beneficiaries are well defined

* Beneficiaries shares are well defined

The higher the amount of complexity in the estate and the will, the longer that it will take for the beneficiaries to receive their share of the estate. There are few banks that will take a risk on that complexity until there is a clear ownership of the assets and that will only be made clear during the end of the probate process.

Can the executor assume the mortgage of the deceased?

The executor must discuss that with the lender. If the executor is going to inherit the property the lender may agree to allow an assumption of the mortgage.

Is your estranged wife next of kin?

Yes. Your "estranged wife" is still your legal spouse.

Can a Power of Attornery change the beneficiary of his father's life insurance if both he and his wife are in a nursing home?

Generally an attorney-in-fact under a Power of Attorney cannot make changes in beneficiaries. However, you should review the original Power of Attorney document.

What are the functions of estate surveyors and valuers?

(1) Property Managent: i. Negociation of terms and conditions of the tennants. ii. Collect rents. iii. Liasing with clients solicitors in advicing in an appropriate lease agreement. iv. Advice on adequate insurance policy. v. Disbustment of outgoings. (2) property Finance: Property finance refers to the process of obtaining funds or capital, generally for the purpose of supportin development and re-development or carrying out major renovation works on property development. The valuer may be required to estimate mortgage value of the property in order to secure a loan. He also will be required to advice on the best source of finance for project options. (3) Property Market: i. Advice the client to invest on future development. ii. Proffessionally engaged in problems that might arise. iii. Assist in estimating the likely worth of the property which forms the basis for negociations between the owners and the prospective tennant and buyer. (4) Developmental Appraisal: Developmental appraisal starts with conceptualization of an idea to developin a visibility and viability of appraisal. Purchase and acquisition of land and carrying out the developments. The valuer advices clients on potential development that a client desires property investment. (5) Property Investment And Financial Analysis: The investor will enquire from time to time financial appraisal of various property investment before he can commence any investment. He will also require the valuer to advice on the various growth in the capital value of his property.

Is a trust a juristic person?

No, a trust is not a juristic person. Only in matters of taxation and insolvency can they be sued or otherwise litigated. In ALL other matter the trustees are personally responsible for juristic acts, debts etc.

How much do lawyers and solicitor charege for testamentary expenses?

You need to call around in your jurisdiction since legal fees vary. The cost depends on so many factors: the size and complexity of the estate; the local rates; local law; etc.

How can a creditor collect monies owing from a deceased estate when executor ignores claim?

File the claim with the court where the probate has been filed. If the claim is ignored then speak with someone at the court about a motion to compel the executor to pay your claim.

What would the inheritance tax be on a million dollars?

Current US estate tax for values over $500,000 is $155,800 for the first $500,000, and 35% of the amount in excess of $500,000. In this case that would be $155,800 + $175,000, totalling $330,800. Obviously this is a simplified calculation; the actual paperwork involved is significant, but can lower the amount of tax.

What happens when someone dies and they owe you money?

You can file a claim against their estate in probate court with proof of the debt.

If you have proof of the debt and they have assets of value, you must be paid by the estate before any remaining assets can legally be distributed to their heirs.

If they have nothing of value, than you have nothing you can claim from them.

Who are the primary owners of a corporation?

Typically, the owners of a corporation are the stockholders.

What did the duke and king receive from the deceased mans estate?

they received most of the estate holdings plus three thousand dollars

What happens to your share if you predecease the owner of a Transfer on Death account?

That depends on how the owner of the account has arranged the beneficiary designation. There may be a contingent beneficiary or the gift may lapse and become part of the testator's intestate estate. In that case it would pass to the heirs-at-law. That question should be asked when the beneficiary designation is arranged at the bank.

How do you name a beneficiary of real estate in a living trust?

You consult with an attorney who specializes in trust law in your state. Trust law is one on the most complex areas of law. Errors made by non-professionals can be costly to correct later if they can be corrected. Corrections to revocable trusts once the grantor had died must be made by a judge. Corrections cannot be made to irrevocable trusts.

How often should your will be updated?

As often as there are material changes. If you need or want to add or remove a person, update it. If you get divorced, are widowed, have a child, etc, you'll want to update it to reflect those people.

If your assets change significantly, you'll also need an update. For example, buying a piece of real property or cashing out your investment accounts might prompt an update.

What is the responsibility of the estate executor regarding a decedent's mortgage?

The estate is responsible for the debts of the decedent. If the family wants to keep the property the mortgage must be paid or the bank will take possession by foreclosure.

How do you execute an irrevocable trust?

Trust law is one of the most complex areas of law. Professionals spend years learning about trust law and must keep up to date with changes in the laws that come forth every year. A trust expert must also be an expert in tax law and estate planning.

You need to consult with an expert if you are contemplating an irrevocable trust. The attorney can review your situation and explain the costs and your options.

What happens if Will doesn't state remainderman of life estate?

The fee (title) to the property will pass as intestate property according to the state laws of intestacy. You can check the laws in your state at the related question link provided below.

Are personal belongings included in the estate?

Yes. A decedent's estate contains all the property they own at their time of death.