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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 still receive an inheritance is all but one of the beneficiary's refuses to sign off?
Yes. A beneficiary who refuses to release their demands in an estate cannot delay the process for long. The executor can ask for a hearing on the final account and the court will allow it even though all the beneficiaries have not signed releases.
You have a very good question. If you are the cash beneficiary of the estate and the other beneficiary receives an annuity, the costs of settling the estate will come out of the cash. You should frame a motion to have the court review the matter and render a decision regrading the issue. The court may decide the other heir should pay a portion of the costs.
If you die before your debt is paid does your estate pay it?
Yes. Your estate is responsible for your debts after your death.
First let's clear up the basics. The court appoints the Administrator and the court generally favors the surviving spouse. The Administrator will settle the estate under the supervision of the court and according to the state probate code.
The answer depends on how the law suit is filed. It can be filed by the surviving spouse as an individual or by the Administrator of the estate.
If filed by the estate, the Administrator will represent the estate in the court action. Any award will be paid to the estate and will be distributed as intestate property according to the intestacy laws in your state. You can check your state at the related question link provided below.
You should consult with an attorney who can review this situation and explain your rights and your options.
A Power of Attorney is extinguished when the principal dies. It's purpose is for assistance while a person is living.
When the principal dies their estate must be probated. Their property will be distributed according to the provisions in their will or by the laws of intestacy if they have no will. You can check the laws of intestacy for your state at the related question link provided below.
In Reed v Reed If estate was so small why did they fight to be appointed administrator of estate?
Sally and Cecil Reed were separated and each sought to be appointed the Administrator of their adopted son's estate. The Idaho Probate Court Code provided that males must be preferred to females when appointing administrators of estates. Cecil was appointed.
The Supreme Court ruled the appointment was unconstitutional and the Idaho law violated the Equal Protection Clause of the Fourteenth Amendment by giving a mandatory preference to any sex in order to accomplish the elimination of any hearing on the merits of the case triggered by the dual petitions under the law. The decision was unanimous.
What is a trustee in government?
a person who votes according to his/ her best judgement, might go against what their constituents want
If the money is in the sole name of the decedent it can be attached for any funds owed to the nursing home or to the government for government provided medical assistance.
If someone has made a will however passed away who can see the will?
No one can see the will while it is in the possession of the person who has it until it is filed for probate. Once it is filed it becomes a public record and you can request the file at the probate court and read the will.
Does a testamentary trust have to have an EIN and do they have to create a new trust document?
A trust has to have a tax ID. There should not be a requirement to change the trust documents, just amend them to reflect the new information.
Does an estate agent have to do a credit check?
yes estate agents all do credit checks, but it depends on which estate agents to how deep into it they go, for example big companies will take more time to spot faults in your credit where as others just check your files for bankruptcy, or ccjs an that's it. im currently waiting for an estate agents to do my credit check on me my oh an my guarantor before i can get the go ahead to move if im not turned down, i have gone thru quite a big company as i didnt realise this information before i went forward with the application, hoping i get through. lol
What if you owe debt to an estate?
You must pay the estate unless the testator mentioned the debt in the will and provided that it didn't need to be repaid.
The answer depends on many factors. First, the legal capacity of the owner must be such that they are able to understand what they are doing, understand the value of the money they gave you, gave the money of their own free will and do not have need of that money for their own expenses. Giving you the money should not adversely affect the owner. Second, the amount of the money you spent may become a factor if you are challenged about this situation in the future. Scrutiny will be harsher if there is a large sum of money involved.
Your being named as a health care proxy does not give you any general powers of attorney.
Can a trustee of a will be legally removed if misappropriating funds?
Yes. They can and should be removed as soon as possible. Review the trust first to determine if there is power in the beneficiaries to remove the trustee and appoint a successor. If there is no such provision in the trust then an action can be brought in a court of equity asking that the trustee be removed and another trustee appointed.
Who is the next of kin in South Carolina grandchildren or siblings?
If the decedent left no spouse, issue or parents then the siblings would be next in line. You can read the provisions of the intestacy statute of South Carolina at the link provided below.
Who inherited Robert Palmer's estate?
Palmer had two children James and Jane, who were born in 1979 and 1980 respectively. It is likely they inherited his estate. If he died testate he may also have provided for his companion in his will.
What is the word when leaving estate to children instead of husband?
You may be thinking of the word, 'disinherit'. You would be trying to disinherit your husband.
It is impossible to disinherit a spouse in most states. A surviving spouse can 'elect' to take against the will and the state laws will give them a share in the estate that is usually equal to the share they would receive if you died without a will or intestate. You can check your state laws of intestacy at the related question link provided below.
The only way to disinherit your spouse is to have no property in your name at the time of your death. You need to speak with an attorney who specializes in probate, estate planning and trust law.
Does a son named as beneficiary become executor if the deceased died intestate?
You have conflicting legal terms in your question.
- An executor is appointed when the decedent left a will.
- Intestate means that the decedent died without a will. If the son was the "named beneficiary" as you stated then there must be a will.
- The son can petition the court to be appointed the executor of the will.
- If there is no will some qualified person must petition the probate court to be appointed the Administrator of the estate. The son would be a qualified person.
You need to review the terms of the trust. The instrument that created the trust sets forth all the powers of the trustee. You need to determine if the trustee has the power to loan money from the funds held in trust.
Once an estate is filed in probate it becomes a public record. If your father died owning any property then his estate must be probated. If he owned real property in another county or state you can check the probate court in that jurisdiction to see if a probate has been filed.
Unfortunately there is no way for you to access your father's estate until it is filed in probate court. You could do some detective work on your own to determine if your father owned real estate when he died by checking the records in the land records office for any acquisitions of land by your father. Also, you could hire an attorney or private detective who specializes in such matters to do some snooping for you.
How do you change beneficiaries in your living trust?
Return to the attorney who drafted the trust to make certain it's properly done. Trust law is extremely complex. Trusts should always be drafted by an attorney who specializes in trust and tax law. Errors made by non-professionals can be costly to correct and can result in the trust being judged invalid and the property being vulnerable to creditors and probate.
Is your husband your next of kin?
Yes. You can check your next-of-kin and heirs-at-law for purposes of inheritance under your state laws of intestacy at the related question link provided below.
