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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 the personal representative have to pay attorney fees if there are no funds in the estate?

Generally, that depends on what the person signed when they hired the attorney. An attorney doesn't usually take on a probate in which there are no assets so there must have been assets in the beginning. If the assets are gone as the result of some action on the part of the executor then he/she may be liable for the costs of the probate. The debts of any estate must be paid before any property can be distributed. That includes the attorney's fees.

What does The deceased is survived by his wife and children mean?

It means that the wife and children are still alive, they have 'survived.'

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.

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.

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.

How do you turn your house over to your children?

In Missouri, you can file a Beneficiary Deed that automatically transfers ownership of real property upon the death of the owner. You can always just leave it in your last will or if you want to avoid probate, convey it to a trust and have the trust distribute the property to your children after your death.

You can also convey the property to your children while you are still living. You should consult with an attorney who specializes in estate planning who can review your situation and explain your options.

What are my rights as a wife who was separated from her husband and he died?

You are the surviving spouse as long as you weren't divorced. You have all the rights provided by your state laws as the surviving spouse. You can check the laws of your state at the related question link provided below.

If your mother dies and leaves no estate are her children responsible for paying her creditors?

A decedent's estate is responsible for payment of the debts. If there is any property in the estate, the debts must be paid before any property can be distributed to the heirs. If there is no property the creditors are out of luck.

How can you research accounts of a deceased if you are a beneficiary?

Once appointed by the court, the administrator or the executor has the authority to access any accounts of the decedent. Any other person would need to obtain a court order to access those records. If you think the estate representative is being dishonest you can take your concerns to the court and if necessary the court will appoint a new representative.

How do you handle execution of trusts upon grantors death?

You need to review the document that created the trust to determine how the trust property is to be distributed and how it can be terminated.

In Oregon if the estate does not have enough money to pay the attorney's fees is the Estate Representative personally responsible for payment?

Generally, the estate is responsible for paying the debts of the estate and the costs of probate. However, it depends on what you signed when you hired the attorney. You need to review copies of those documents.

If the executor mishandled the estate funds they may be personally liable for any resulting debts.

Why is there a wait on dispersing funds from estate accounts?

State law requires a certain amount of time to wind up an estate and allow for ceditors to make claims.

How do you create a trust fund for a group or commission?

You contact an attorney who specializes in trust law in your jurisdiction. Trust law is one of the most complex areas of law. Many professionals, both attorneys and accountants, will offer to draft a trust. However, an improperly drafted trust will fail and have tax consequences and other consequences. The results can be disastrous. You need to consult an attorney who specializes in trust law and who has a good reputation in your community. It is best to consult one from a firm that specializes in trust law with a long-standing practice.

Can the named beneficiary also be appointed as attorney in fact and if so can they transfer real property into their own name prior to the death of the testator in order to avoid death taxes?

Yes. The beneficiary named in a testator's will may also be appointed as the testator's attorney-in-fact while the testator is living. The powers of the attorney-in-fact must be set forth in the Power of Attorney document. The power of the attorney-in-fact to transfer the real estate to self may be listed in the POA.

However, if there are other heirs-at-law, the transfer by the attorney-in-fact to self may be vulnerable to challenges upon the death of the testator. The parties should seek the advice of an attorney who specializes in probate who can review the situation and the desires of the testator. Documents could then be properly drafted to carry out the wishes of the testator and make certain that any actions of the attorney-in-fact are not vulnerable to challenges.

Is an unsigned will valid?

No. A will must be signed. It's worth getting it done properly too cos I've heard there've been cases on self-written wills being rejected because of little mistakes! I got mine done through an onlline place that did a home visit....very convenient and they were cheaper than a high-street solicitor! Here's their website if you're interested: www.nationalwillsandtrusts.com/

What if a representative dies in office?

their successor takes their place, if no successor exists, there is a new election. see California Gubernatorial election in 2006

What action can be taken against your brother who is the executor of your fathers will for mishandling the inheritance that was to be divided between three siblings?

Your brother has no power as the executor until he has been appointed by the court. Once he has been appointed he will have the power to settle the estate according to the provisions in the will and according to the state probate laws under the supervision of the court. If he abuses his power you can complain to the court. If he has mishandled the estate he will be required to pay the missing funds to the other heirs.

What should we do to close our deceased mother's account that's a joint account with my brother and I?

If the account is a joint account with your mother, you and your brother, the surviving joint owners can close the account and share the balance. When the account was opened the three of you should have signed signature cards and all names should be listed as account owners. One or both of you should be able to simply make a withdrawal of the balance and close the account.

As a trustee to a will how do I arrange a trust fund for young children left money in a will until they are 25 years of age?

You need to consult with an attorney who can review the situation, your needs and the estate and determine what your options are.

One brother who is the named executor of dad's will claims a verbal agreement gives estate to only two siblings. The will gives the estate to all three. What can we do?

First, the brother is not the executor until the will has been filed in probate court and he has been appointed by the court as the executor. Until that happens, he has no power or authority over the estate.

Once appointed by the court the executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the court. If an executor abuses their authority they are subject to sanctions by the court and removal. They can be held personally liable for their mistakes. The executor has no legal power to change anything. The court will always try to carry out the last will and testament of a testator. It will not allow anyone to make changes. Only a judge has that power and only when the will is unclear or cannot be carried out for some reason.

When a will is filed for probate, there is a period during which objections can be made to the appointment of the executor who is named in the will. In this case, the named executor has already displayed outrageous behavior. If the will hasn't been filed for probate yet, someone should file it now and request to be appointed the executor. The named executor's behavior can be reported at that time. If he was appointed by the court already then his behavior should be reported and a new executor should be appointed.

"Executors" that haven't been legally appointed by the probate court are a serious and common problem. They are only self-appointed and have no idea they have a body of law that governs their powers and actions. If he does what he claims then he can face criminal prosecution. Report him ASAP.

Are retirement benefits the same as life ins on an estate?

Retirement Benefits after Death?NO. Retirement benefits cease once a person dies and therefore would not be part of an estate.

When a person Dies, they are no longer considered "Retired", They are after death considered "Expired".

Life insurance also is not part of an estate unless there is no named beneficiary. The proceeds of a life insurance policy belong to the beneficiary named on the policy, Not to the deceased nor to the deceased estate.

Can an executor do maintenance work to a family home when the other children are not consulted and they are being held responsible for the cost of repairs?

The executor must be appointed by the court. Once appointed they have the authority and responsibility to do whatever is necessary to settle the estate. That is the purpose of having an executor. If repairs are necessary to maintain the property or to prepare it for sale the executor has the authority to arrange for the repairs.

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