Estates

At least ten years.

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

You must pay the estate unless the testator mentioned the debt in the will and provided that it didn't need to be repaid.

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.

Yes this could be possible.

a person who votes according to his/ her best judgement, might go against what their constituents want

After funeral expenses

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.

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.

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.

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.

Irrevocable trusts are extremely complex.

The trust must be drafted by an attorney who specializes in trust law and estate planning in your state. Errors made in the drafting of trusts can be extremely costly if the trust is later found to be invalid and the estate of the grantor must be probated. It is quite common to find invalid trusts drafted by general practice attorneys and also attorneys who do advertise a specialty in trust law. You have to be careful to choose one with a good reputation and the legal fees may be high.

Once your property has been transferred to the trust, for consideration, the transfer is permanent. Your own control over your property is lost and you cannot get your property back. An irrevocable trust requires an annual accounting and may require the filing of a tax return. There may be fees due to the trustee.

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.

Yes. You can assume the POA is in effect as long as you aren't notified that it has been revoked. Any other party that relies on your authority can request an affidavit from you swearing that you have no knowledge that the POA has been revoked.

As the surviving spouse you do have a right to a share of the estate. The surviving spouse of a person who dies domiciled in Florida has the right to a share of the probate estate of the decedent as provided by state law. That share is called the elective share and can be claimed by right of election. You can read about all the rights thereunder at the link provided below.

Generally, if he died intestate, if his parents are deceased and he has no children, his siblings are his heirs-at-law for purposes of inheritance. You can check your state laws of intestacy at the related question link below.

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.

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.

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.

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.

In reality, if there is no written proof of the debt, the estate cannot collect.

That depends on some details, the nature of the debt and your own moral compass.

If the money was loaned to you and purposely not expressed in a written promissory note the argument could be mede that the decedent didn't expect to be repaid in the case of death. However, if the decedent was in the habit of making loans, not putting them in writing and yet expecting to be repaid, and other family members were aware of the loan made to you, then not paying the loan back may cause a family rift.


You cannot be forced to repay a loan for which there is no written evidence. Since you know the family situation and whether not repaying the loan will affect your relationship with other family members, it is up to you to decide.