Estates

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.

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.

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.

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.

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.

You must have a will to distribute your money to whomever you chose, if you do not have one this means that you die intestate and your money will go to the government.

If the testator is still living then you haven't "been left a house" yet. You will only inherit it after the death of the testator and IF it is still in their estate.

When a person dies their estate must be probated through the probate court. The court will appoint an executor and the debts of the decedent must be paid before any property can be distributed to the heirs. If the decedent owes money for medical care the facility can file a claim for any money due. If the state provides medical assistance, the state can file a claim against the estate.

All of the above is the reason more affluent and sophisticated people do "estate planning" and transfer their property to trusts drafted by trust attorneys. When they die they don't "own" any property and it will pass to their heirs from the trust free and clear.

Yes. Any assets not specifically devised will pass under the residuary clause as well as any assets that come into the estate after the death of the testator such as a judgment award.

Memorial, of course.

The surviving spouse has legal rights regardless of whether he/she remarries after the death of his/her spouse.

No. Think of 'per stirpes' distribution as distribution that follows a branch of a family by descent. For example, suppose William died and by the terms of his will William's estate was to be distributed in equal shares to his three daughters, Mary, Judith and Sarah 'per stirpes".

Mary received one-third. Judith received one-third. Sarah predeceased her father and left two living daughters, Paula & Janet. One other daughter, Samantha, had predeceased her mother (Sarah). Samantha left two sons, Sean and Patrick.


Sarah's one-third would be evenly divided between her three daughters: Paula, Janet and Samantha. Samantha's share would be evenly divided between her two sons: Sean and Patrick.


Although the formula may vary in different jurisdictions (some will divide the estate equally among all the living 'per stirpes' descendents) , no spouses would be included in the distribution.

I assume if there was no will, there was no trust. I also assume the beneficiary(s) on the policy are also deceased. The estate will go through probate. You will have to advise the court of your status as an heir and once the probate proceedings are completed, you will get your share of the life insurance proceeds.

Yes.

Not generally. Although state laws vary on the signing of wills, generally, a will must be signed and there must be two disinterested witnesses who also sign. In some states a will must also be acknowledge. In some states a completely handwritten will can be allowed as long as it is signed. You need to check the laws in your state.

Contact the Probate Court in the jurisdiction where the person lived.

In England, all executed wills are a matter of public record. Depending on when the death occurred, and what your objective was, the National Records Office might be a good place to start. Alternatively, contacting a local Probate expert.

That is a decision you make on your own based on the reasons for which you have a trust. There is no special rule book telling you what to transfer to your trust. If you want your home to be transferred out of your individual names and into a trust then you must execute a deed signed by both owners transferring the property to the trustee of the trust.

It doesn't sound as though you know much about your "revocable trust". Trust law is extremely complex. Transferring your property to a revocable trust will keep the property in your names for tax purposes. It may also make the property vulnerable to creditors. It sounds as though you should consult with an attorney who specialize in trusts and estate planning before drafting any legal documents and transferring property on your own.

The trustees must follow the provisions of the trust. If the trust doesn't provide that option or an option for the trustees to act at their discretion then the trustees must petition the court to modify the trust. They should be prepared to explain to the court why the trust should be modified. The judge will review the matter and issue a decision.

It is possible to obtain a partial payout. It will depend on the estates assets and the identified debts.

it was hard to collect the tax, so the state followed the feds by repealing the inheritance tax laws and inacting an estate tax. basically the tax was paid by the estate before it was distributed to the heirs

No

All the property a person owns makes up their estate.

An heir does not have any authority over the distribution under a will. Once the estate has been filed for probate the executor is provided with that authority by the court. The executor can take suggestions about how the personal property should be divided and should take care to set personal feelings aside and be fair about the distribution. However, making the distribution of the estate is the executor's legal responsibility.

Primogeniture was the custom of land inheritance whereby the entire estate passed to the eldest son. The custom spread from Normandy to Britain with the arrival of William the Conqueror in 1066. As part of the feudal system, primogeniture prevented the division of estates. However, it also disenfranchised women altogether and forced younger sons to leave to seek their own fortunes or live at the courtesy and in the service of their elder brothers.