Estates

If there is no living spouse, the children inherit, after them the siblings.

If there is no living spouse, children or siblings, parents inherit, after them first cousins, then second cousins, etc.

The church, the upper class, and the lower class.

It's more of how you perceive them to be though.

The original Three Estates, as you may already know, are the church, the nobility, and the peasants. So if you were to translate that to today, the nobility would be those wealthiest in our society, and the peasants are those who are the lowest on the totem pole. The lower working class.

Hope this helps!

Serfs

You need to review the language in the document that created the trust for your answer. ALL the provisions of a trust and the powers of the trustee must be set forth in the trust document. You would be looking for the section dealing with trustees powers and under that the power to sell and convey real estate.

Generally, if the creditor discovers that you have an inheritance coming it can attach the inheritance by filing in probate. There are people who regularly monitor new probate filings in many jurisdictions in order to create a data base of heirs that can be checked by creditors for a fee. Not all areas are covered. Your creditor may find your inheritance and it may not. If nothing is filed to notify the probate court of your debt then the administrator or executor can pay over the inheritance to you.

A male beneficiary.

You must review the trust document for the provision that addresses the appointment of a successor trustee.

You must look to the trust for your answer. A trust document contains all the provisions necessary for the management of the trust by the trustee. There should be provisions for the sale of assets by the trustee. Those provisions must be followed.

If you have no children and you arrange to have all your property held as joint tenants with the right of survivorship then you don't need a will or probate when you die.

However, you should consider what will happen to your property in the case of a simultaneous death, or, upon the death of the surviving spouse. If you have no will the state will distribute your property according to the laws of intestacy after your debts are paid.

You can check the laws of intestacy at the related question link provided below.

Trust law is one of the most complex areas of law. It depends on the instrument that creates the trust. You need to discuss this question with an attorney who specializes in trust law.

Generally a trust set forth in a will is revocable by the testator during her life and irrevocable after her death.

If the credit card company has filed a claim against the estate the debt must be paid before any assets can be distributed to the heirs. In any estate the debts must be paid first. The heirs get any assets that are left after the payment of debts. If the estate doesn't pay the bill the creditor can force the sale of the real estate to collect the debt. If the property is the only asset and the heirs want to keep it then the heirs must pay the credit card bill.

No. You do not inherit taxes due on anything. Still, if taxes are due on one piece of property and there is money in a bank account elsewhere, the money in the bank account might go to pay the taxes rather than go to the heirs. That is one purpose of Probate Court. Claims against the estate are settled in Probate Court. The heirs get whatever is left over. If someone dies owing more than they are worth, you can not get stuck with the bill unless you cosigned a loan or are a joint owner or something like that.

You normally can't until their die and their will is published.

When you die either your named executor or someone in your family who knows where your will is must file it for probate. You must make certain someone knows where to find your will at the time of your death.

Legislation enacted by the 2006 General Assembly, House Bill 5018, repeals the Virginia estate tax for the estates of decedents whose date of death occurs on or after July 1, 2007.

A life tenant has the use of the property as long as that tenant lives even if the deed holder dies. Exactly how the deed works depends on state law. It may need to be registered with the tax accessors office or some other agency and a tax or fee paid.

if a settlor of an irrevocable trust feels that he was not properly informed by his attorney of all the restrictions what can he do

The taxable distribution amounts will be taxed to the beneficiaries in the same way that were or would have been taxed to the deceased taxpayer.

If your meaning inherited IRA or retiremen plans the rules can be much, much different.

In many jurisdictions the estate pays inheritance tax.

Peter Wilks

It is assumed your son is a minor who is in the care of your mother. You should consult with an attorney to make certain your POA is properly drafted for your state. Some states are updating their laws regarding POAs. In New York, the agent does need to sign. You need to find out how long that type of POA is effective. It may need to be renewed every six months or so. You should also determine if your signature alone, as the parent, will be effective.

Any debts owed to you are listed as personal property in the estate inventory. As long as they are evidenced in writing they will become part of your estate. Your executor will have the authority and responsibility to demand payment. Any proceeds collected will be distributed according to the provisions of the will or the state laws of intestacy if they were not addressed in the will.

Nothing. The benefactor will have to find another beneficiary, unless it has already been accounted for.

A well drafted will names an alternate beneficiary or provides that any gift to a beneficiary who predeceased the testator should lapse and the gift become part of the residuary of the estate. The residuary holds any property that was not specifically devised. A well drafted will provides how the residuary should be distributed. If there are no such provisions in the will and the testator has any heirs-at-law, the estate will pass according to the state laws of intestacy. If there are no heirs-at-law, the estate will "escheat" to the state.

The administrator of an estate simply takes care of the details. When there is an administrator, he decides how the estate will be divided. The spouse has no rights to the stocks and bonds. The spouse has rights to a percent of the estate as determined by the law, will, or probate judge. The administrator can decide to give the spouse only stocks, only bonds, or only cash. The administrator can sell everything and divide the money. That is the way it works.