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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 you write a check on a in trust for account if you are the beneficiary and the account owner is deceased?

You need to check with the bank. They will want to see a copy of the death certificate and may want to close that account and reopen it in your name depending on their policies.

Father dies with no will and no spouse but has one minor child who is heir?

His only child would be his heir in most jurisdictions and his estate must be probated. The court will appoint a guardian for the child whose responsibility will be to protect her inheritance until she comes of age. You should consult with an attorney who can review the situation and explain the legal process in your jurisdiction. You can check the laws of intestacy for your state at the related question link below.

What is a Last will and testament with living trust?

A Last Will and Testament is a written document that sets forth a testator's instructions on how their property will be distributed upon their death. A trust set forth in a will is called a Testamentary Trust.

A Living Trust is a trust created by a person while they are living.

Who inherits in Australia among a surviving spouse and four offspring in a 1964 will made before the birth of all children?

You need to consult with an attorney in your particular jurisdiction who can review your situation and determine the provisions under the law in your jurisdiction. There is no single law for all of Australia.

Generally, a will made before the birth of additional children does not disinherit them. They would be provided with a share of the estate under the laws of intestacy since the law considers them to be forgotten, not intentionally left out. Laws vary in different jurisdictions. If the will is not allowed by the court, the surviving spouse may take up to the first $500,000 of the estate, depending on the jurisdiction, unless there are children of the decedent who are not her children. In other jurisdictions the surviving spouse shares the estate with any children of the decedent.

This is general information only and may be modified by someone who is familiar with the probate laws of Australia.

Can you tear up your will?

Yes. The testator can destroy their will at any time prior to death. If there is no will at death, the estate will be distributed according to the laws of intestacy. You can see the laws for your state at the related question link provided below.

How do you get your earnest money back after failed real estate deal?

You need to review your contract to determine how and if you can get your deposit back.

What is vesting assent in an estate of a deceased?

A vesting assent is given by a personal representative of an estate in the UK to convey legal ownership of property that is the subject of a bequest or devised to a tenant-for-life of 'settled property'.

'Settled property' is a complex feature of UK property law. You can read more about it at the link provided below.

Who is considered next of kin of a deceased person?

Next of kin, if you are not familiar with the term, just means the closest relative. If there is a surviving spouse, that is the next of kin. If there is no surviving spouse, then surviving children or surviving parents, failing that, a surviving sibling, then we go to aunts and uncles, cousins, nieces and nephews.

If no will was made who receives the estate the wife or children?

Yes. In most cases the government splits the estate in half and gives half to the spouse and half to the children.

Is an incapacitated trustor still a trustee?

A trustor and trustee are two different entities.

A trustor is the entity that executes a Declaration of Trust that includes all the provisions that govern the trust. The trustee is the entity or person who is appointed to manage the trust property. There should be a provision in the trust that provides instructions for the appointment of a successor trustee.

Can a daughter have her mother's will changed prior to her being named the executor knowing her mother is dying of brain cancer?

No one can change another person's will. The testator can make changes only if they have the legal capacity to make changes. No one can "have" another person's will changed because a legal professional knows that it cannot be done. If the daughter who is trying to change the will is the named executor the family should object to her appointment as the executor after the testator's death. Some other more trustworthy and responsible person should petition to be appointed as the executor.

If a person dies without a will and has no children or a wife just grandchildren age 21 and siblings who is considered next of kin?

In most states the grandchildren would be the legal heirs-at-law. Succession generally goes in descending order if there children and the children of any deceased child would take under the laws of intestacy: parent, child, grandchild, etc. Siblings of the decedent would become the heirs at law only if the decedent had no wife and no children.

You can check the laws of intestacy for your state at the related question link below.

Who pays real estate taxes and other related expenses on estate property before distribution is made to the heirs?

The debts of the decedent must be paid by the estate before distribution can be made. If there isn't enough cash the property must be sold to satisfy creditors. To save the real estate heirs often get together and pay any outstanding debts in order to inherit clear title to the RE. YOu should discuss it with the attorney who is handling the estate.

How do you collect expenses from siblings after sale of inherited house?

The estate of the owner must be probated in order for title to the real estate to pass to the heirs, or, for an estate representative to convey legal title to any buyer.

When the estate is probated the court will appoint an Executor if there is a will or an Administrator if there is no will. The court will issue Letters Testamentary or Letters of Administration. Those letters give the estate representative the authority to settle the estate according to the provisions in the will or/and the state probate laws, under the supervision of the court.

The debts of the estate must be paid before any property or proceeds from a sale can be distributed to the heirs. In the case of an Executor, the real estate can be sold only if that power was granted in the will or by a license issued by the court. An Administrator must obtain a license to sell from the court. Since the estate representative has the power and authority to sell the real estate, and the authority over the estate, there should be no question regarding how to 'collect expenses' after the sale of the property. The expenses should be deducted before the proceeds are distributed.

If the Executor or Administrator has distributed the proceeds prematurely, they must get funds back to pay the expenses or they will be personally responsible for paying those expenses due to their mishandling of the estate. Remember, the debts of the estate must, by law, be paid before any property can be distributed.

If the house was sold by the heirs after the estate had been settled in probate, the proceeds should not have been distributed by the sibling who represented the family in the sale until the expenses were deducted. The person who handled the sale will be held personally responsible for paying the expenses incurred by the sale and they may have to sue their siblings for reimbursement.

WHAT IF Residuary beneficiary owes money to estate?

The estate can require that the beneficiary pay the money back. Or they may offset the amount against what they get. If there is anything left over, there shouldn't be a reason to make them pay it back.

Can you receive a partial inheritance before death of parent?

No. You have no rights in a parent's property while they are living. An inheritance comes from the property a decedent owns at the time of death. Death makes that property 'inheritable'. There is no such thing as an inheritance from a living person.

Can I as executor and having joint account with my mother write checks to my siblings without a lawyer since my mother lives with me and has no debts?

Your status as executor has no bearing as to whether you have access to your mother's finances while she is living. Additionally, whether you live with your mother or whether she has debts or not has no bearing as to whether you have access to her finances. What you need is a power of attorney.

That being said, if you are also named on your mother's bank account as an account owner, then you have full access to write checks on that account just like she does. Be careful that you are not listed as TOD (Transfer on Death) or POD (Pay on Death) though instead of an actual account owner. Those who are listed as TOD or POD have no right to the account funds until the account owner dies.

Do you have to pay taxes on money inherited from parents estate?

Inheritance is not taxed for income tax purposes. However, if you acquire property through inheritance like a house or stock, and sell it later, you may have an income tax situation. There is a tax called estate tax, which must be filed and paid by the parents estate. This would depend on the entire value of the parents estate to determine if an estate tax return is necessary.

Why was Jurong chosen to have the first industrial estate?

1. Jurong had a deep water frontage, which was suitable for port development

2. Jurong was sparcely populated, hence there was no need to relocate people.

3. Jurong was state owned, so it was easy to develop the land there.

that's all ive learnt.

:)

How do you find out who is the Administrator of your grandmother's estate who has unclaimed money owed to her?

This depends on your state law. Generally, you have one year from the date of death to file a petition to open an estate in Probate court. Court documents are public documents. If you think a petition has already been filed, go to the county where you grandmother lived and ask the clerk to look up her case. They can give you the information. If it hasn't been filed yet and there was no will, then you could petition to have her estate opened. Contact a probate attorney to help you.

How do you get the money your parents willed to you?

First the will must be filed for probate and an executor must be appointed. After the payment of the debts of the estate the executor must make distribution of the remaining estate according to the provisions in the will and the state probate laws. The executor acts under the supervision of the court and must settle the estate with expediency.

Do you have to hold money in an account for any period of time after the sale of a deceased parents home?

The estate must be probated in order for title to the property to pass to the heirs legally. The court must appoint an executor who will have the authority to settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. Probate laws require a notice to be published in the local newspaper to notify the world of the probate proceeding. Each state has a time period during which creditors can make a claim against the estate. The debts of the decedent must be paid before any property can be distributed to the heirs.

Once the period for creditor claims has passed the executor can sell the property if that power was granted in the will or if the executor obtains a license to sell from the court. Otherwise, once the estate has been settled and the heirs have acquired legal title to the property they can sell it.

You should consult with an attorney in your area who specializes in probate law.

Powers held by beneficaries of a trust?

The beneficiaries must review the provisions in the trust to determine the extent of their powers, if any.