What are personal effects of a deceased person?
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What happens if sole beneficiary dies before estate is settled?
If the beneficiary died after the testator you must review the will to make certain there is no set time period the beneficiary must survive the testator. If there is no such provision then the gift becomes part of the beneficiary's estate.
You need to discuss this situation with an attorney who can review all its aspects including the farm income, your needs and your father's needs. She/he can then discuss the options and consequences regarding your father's plan. You should look for an attorney who specializes in business law and also estate planning.
Is it illegal to hide a will lie and say there was no will after the death of a relative?
Yes. Anyone who has custody of a will must deliver it to someone who can file the will for probate or to the appropriate court. A person who willfully hides a will is liable for any damages caused by their failure to hand over the will. State laws govern this issue. An example of the law in Massachusetts is as follows:
Chapter 190B: Section 2-516. Duty of custodian of will; liability
[ Text of section added by 2008, 521, Sec. 9 effective July 1, 2011. See 2008, 521, Sec. 44.]
Section 2-516. Section 2-516. [Duty of Custodian of Will; Liability.]
After the death of a testator a person having custody of a will of the testator shall deliver it within thirty days after notice of the death to a person able to secure its probate and if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
How do you remove executor from your will?
You can make changes to your will by executing a Codicil in the same form as the will, carefully explaining what section you want to strike out and carefully stating what you want to add. You can also execute a whole new will and destroy the old one at any time.
You cannot charge for your services unless you have made that agreement with your other siblings.
If you are the one going through your mother's belongings, sorting everything out, discarding non-savables and packing up things to distribute to your siblings they should pay you because that is a big job. However, you really must have a written agreement that sets forth exactly what you will do and how much you will charge. Everyone needs to sign it. You can't just present them with a bill after you're finished.
An executor is paid for their services. If you perform this big job on your own, you should be paid by your siblings. You should be able to make a reasonable agreement together.
There should be a provision in the trust for the appointment of a successor trustee. A trust cannot act, it needs a trustee (think human being) to act for it. The new trustee can apply for the mortgage. The bank will want to review the trust to make certain that the trust is valid and the title to the real property is in the trust.
For example, the mortgagor would be Kathryn Stewart, as trustee of the Norwattuck Mountain Trust. Any real property conveyed to the trust should be conveyed to the trustee as stated above.
If someone dies does their spouse inherit everything if they have been separated for over 30 years?
In most jurisdictions, if a couple is legally married, the surviving spouse typically retains inheritance rights, regardless of how long they have been separated. However, the specifics can vary based on local laws and whether there was a formal divorce. If no divorce occurred, the spouse may still inherit, but any specific arrangements made in a will or other estate planning documents could override this. It’s essential to consult legal advice to understand the implications based on individual circumstances and local laws.
Life insurance with a beneficiary is completely separate from the "estate".
If you receive life insurance, it's your. The estate includes bank accounts, homes, cars, etc. not the life insurance
Husband passed away on natural causes what is the wife entitle to?
In this state it does not matter why the husband passed away, the wife is entitled to the same thing provided she did not murder him. If there is a will, it receives first priority. If he died without a will, and there are no children, she gets it all. If there is one child, each gets half. If there are two, each gets one third. If there are more than two children, she gets 1/3 and the children split the rest.
What became of Barbara Stanwycks Estate?
The vast bulk of it went to nieces, nephews, grand nieces and grand nephews. Anthony Dion Fay received only $5,000, according to Victoria Wilson.
Tenancy by the entirety is a form of co-ownership of real property that is reserved for legally married people. In a T by E, when one owner dies the other automatically owns the property and there is no need for probate. A tenancy by the entirety is not a trust.
Oregon is not a community property state. The husband is not an heir of his wife's father. The husband has no rights in or to to the real estate.
What is meant by fractional distribution of an estate?
A fractional interest is a portion of the estate that is less than the whole. For example, if there are four children who are to share equally then each one has a 1/4 fractional interest in the estate.
Is a possibility of reverter a vested interest?
You have asked a very interesting question.
The answer is yes. A reverter clause in a deed is only a possible future interest. The grantee becomes the owner of a fee simple estate. In fact, in order to be enforceable the restraint in the deed must be reasonable. Many reverter clauses are defeated by a court action.
However, keep in mind that property that is subject to a reverter clause may be difficult to mortgage or sell.
Would a son or mother be next of kin?
If a person who has no spouse or children dies the living parent(s) would be the next of kin for purposes of inheritance. You can check your state laws of intestacy at the related question link below.
In the course of the settling of the estate the probate court will require that your brother's share be deposited in an account. If there is real estate that must be sold the court will need to specifically address the fact of the missing brother and will issue a license to the Administrator granting authority to sell. His share of the proceeds will go into that account.
You should consult with an attorney who specializes in probate who can review your situation and explain your options.
In the state of minnesota does the estate inherit the debt of the deceased?
That is the purpose of opening an estate. The estate has to pay all of the debts off if possible. 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.
Can a revocable trust be sued by credit card companies after the person is deceased?
That all depends on the trust and whether it was set up properly to protect the assets of the decedent. In order to transfer title to property out of an individual to protect that property from probate and creditors EFFECTIVELY, the trust must be drafted by a professional. If the truster maintained any control over the trust the trust property may be vulnerable to claims against the decedent's estate. The creditors can make claims against the estate and a judge will decide.
If a deceased person receives a letter for back taxes what should his or her relative do?
Pass it to the Executor of the estate.
It has to be paid, if there is enough money in the estate, before making any bequests.
Can a beneficiary stop the sale of a house?
A court appointed executor has the power to sell the real estate if the power to sell real estate was granted in the will or by a license of the court. If the beneficiary is the sole beneficiary and the proceeds from the sale of the real estate are not needed to pay debts then the beneficiary may be able to obtain a ruling from the court against the selling of the real estate.