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Estates

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

6,325 Questions

How did the purpose of the meeting of the Estate-General in 1789 change?

They insisted that all three estates meet together and that each delegate have a vote. This would give the advantage to the Third Estate, which had as many delegates as the other two estates combined

If your sister died who is your brother-in-law's next of kin?

His children are his next of kin, then his parents, then his siblings.

You can check the laws of intestate succession for your state at the related question link. Those laws set forth the legal scheme for heirs at law and next of kin.

Can you borrow from an Irrevocable Trust?

You must review the provisions in the trust document to determine if the trustee can make loans.

Does a brother take precedence as next of kin over a defacto who is separated from partner and they have 4 children?

In most jurisdictions in the US, the spouse is the next of kin unless there is a legal divorce. After the spouse, the children are next of kin; only after them come the brothers and sisters.

Your father named your minor daughters as beneficiaries of his life insurance Is there any way to solve this problem without the expense of setting up a financial guardianship?

Sure. Don't do it. If he does this, most likely the insurance company cannot pay the minors, nor can they pay you even for them, so what happens is that the insurance company will have to hold the money until they reach the age of majority in his state of residence. A trust or even wording the beneficiary clause to state that he names you as beneficiary for their benefit. This would allow the money to be used for them but to go through you. Remember this entitles you to be sued by them when they are grown, so keep good records on how it was spent. Tell him to pay for the trust or live until they are grown.

What happens when your parents are deceased and there is no money left in the estate to pay for medical bills?

If there is any other property such as real estate then it must be sold to pay the debts. If there are no assets the estate will be deemed insolvent by the court and the creditors are out of luck.

Trust on or trust in?

The correct grammatical phrase is to say "trust in." An example of this used in a sentence would be "You have to believe the coach is doing the right thing. Put your trust in him this season!"

What does it means trust on?

you trust someone on whatever ur trusting the person on for exanple Lilly trusted on Jakie for her homework/wordpuzzle

Is money inherited from a parent's estate taxable?

No, inheritances are not subject to federal income taxes.

How do you create a trust that can receive assets?

The purpose of a trust IS to receive assets and hold them for the benefit of someone else.

Trust law is one of the most complex areas of law. If you want to create a trust you should consult with an attorney who specializes in trust law and who has a good reputation in your community. She/he will review your situation, discuss your needs, evaluate the property you want to transfer to your trust and then draft a trust that will meet your needs.

Who owns the assets in a trust?

The trust owns the trust property and that property is managed by a trustee who carries out the provisions of the trust.

Do you pay tax on inherited personal property when you sell it in new york?

You can have a taxable gain on the sale of personal property however you obtain the property. Individuals do no have to pay estate taxes, the estate of a deceased person would have to pay any inheritance taxes due before property was dispersed to the heirs. As to the sale of property by someone who inherited property, you would owe taxes on any gain on have from the sale of such property. You basis (value) of the property is the fair market value of such property on the date of death of the previous owner. This is called a stepped up basis and a benefit of inherited property.

Are you responsible for your deceased sisters credit card bills?

No. There is an order by which creditor's must be paid upon a decendent's death. This depends on state law. But, the executor is never held liable for the debts of the decedent. There would be an exception to this if you are listed as a co-borrower on your sister's credit cards.

How do you close out a trust?

You must review the trust document for the provisions for terminating the trust. Those provisions must be followed.

What social groups belong to each estate?

first- clergy

second- nobles

third- peasants & bourgeoisie

What happens when the beneficiary of the irrevocable trust dies?

It depends on the terms of the trust. You'll have to read the trust and find out. Sometimes, the benefits pass to the decedent's children. Sometimes, the benefits lapse. Sometimes, they pass to someone completely different.

How do you find your father's life insurance policies?

Check all of his papers. Look for payments to insurance companies, they typically require a policy number on cancelled checks or transfers. Check safe deposit boxes. Check with the HR department of his employer as well. Often fraternal organizations and even some banks have small policies for all their members (It's a come on to get you to purchase a full policy from them, since you already have the $500 or $1000 policy with them).

Should one place regular savings in revocable trust?

The purpose of a living trust is to avoid probate when you die. This can only occur if your assets are titled in the name of your revocable living trust. Therefore, as a general rule, all of your assets should be retitled in the name of your living trust with two exceptions. Read more at

http://sandiegoestateplanningblog.blogspot.com/2010/02/should-one-place-regular-savings-in.html

Does real estate sold to settle an estate usually sell for a low price?

Not necessarily. Estate real estate is like any other - based on location, location, location, condition, etc. Unless the sale is a distress for some reason. If there is an executor or administrator, or trustee, all of them have fiduciary obligations to the estate to get the best price possible.

If your home is in a living trust is it protected form creditors and the IRS?

If the trust is properly drafted the property can be removed from your estate entirely. However, the trust must be drafted by an expert in trust law. If the grantor retains any power over the trust property, it will be vulnerable to creditors and taxation. You need to consult with an attorney with a great reputation who is an expert in trust law. She/he can review your situation, your needs and explain your options.

What debts have to be paid off in an estate?

The estate has to pay all of them off. If the estate doesn't have the assets to do so, they distribute as best they can. If the court signs off on the distribution, the debts are ended.

What is the allowable charge per month to be the administrator of an estate?

Depends on your state.

The amount of the administrator's fee, and when it gets paid, depends on the law of your state.

Here in California, the administrators fee is set as a graduated percentage of the value of the estate plus an additional amount if the administrator performs any extraordinary services. It is only paid after the court approves it and generally at the end of administration. Other states have different laws.

Other states have different laws. You should ask an attorney in the state where the estate is probated for the rules of your state.

Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.

Who can be an attorney in fact?

An attorney in fact is someone who acts for another person. To do this, he or she must hold a power of attorney from the person for whom they are acting.