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Estates

Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.

6,325 Questions

What if a person is now deceased who is entitled to their settlement?

More than likely, their heirs listed in their last will and testament....unless otherwise spelled out in the settlement.

Upon my death if I have joint owners on a CD can my surviving spouse claim the CD'S even if she is not listed as a joint owner?

You need to speak with a representative at the bank that holds the CDs to review the manner by which those CDs are titled. If you hold as a joint owner with another person your interest may automatically pass to that other person upon your death. You would need to make special arrangements with the bank if you want your interest to pass to your wife.

How can you tell if a trust is irrevocable?

Generally, an irrevocable trust is titled 'irrevocable' or is designated as such somewhere in the first few paragraphs.

If there are two beneficiaries one dies do my parents need to change their will?

They don't have to change the will, but it is a good ideal. If both beneficiaries die, then it is considered 'intestate' without alternates, and state law will determine the inheritors of the estate without indication from the deceased about their wishes.

Is there any way to enforce a deceased persons verbal wishes if they are not in a will?

Legally there is no obligation to do so. If the beneficiaries wish to honor verbal requests, they certainly can. The court does have to approve and as long as no one is complaining, they will do so.

Inheritance is a gift not a right?

That depends on the circumstances. An inheritance is a gift if it comes from a favorite uncle in his will. An inheritance is a right if your husband left you nothing in his will. In that case, generally, the law will give you a portion of his estate.

If your deceased mom left you the house how do you get it in your name?

If she left you the house in the will, the executor will take care of it. Once the estate is settled, you will be issued a deed in your name. If there is no will, you will have to create an estate and things will be distributed according to the intestacy laws of your state or country.

Can inheretance be forfeited but not given to other benifitaries?

Once one forfeits their inheritance, they have no control over what happens to it. That will be dictated by the will. If there was no will the laws of intestacy for that jurisdiction will apply.

Who distributes estate of a deceased person?

The estate of a decedent is distributed by the court appointed fiduciary for the estate. If the decedent made a will the court will appoint an executor. If the decedent had no will the court will appoint an Administrator.

Do you have to accept property left to you in a will?

Yes you should as the dead person has given you a gift.

Your father is deceased with a small estate in North Carolina and a lot of debt does the child have to pay for it?

The estate is liquidated, assets sold and as many of the bills paid as possible. If there isn't enough, the creditors don't get paid. It is not the children's responsibility to cover the debt.

You filled bankrupcy over a year ago your grandmother was on the loan with you and has passed away the car was returned to the bank and you just wanted to know if they can go after your grandmothers e?

Yes. If there is a deficiency owed to the bank it can file a claim against your grandmother's estate. That's what happens when you co-sign a loan for another person. You are responsible for payment of the loan.

What does estate of the deceased mean?

The 'estate of the deceased' refers to all the property, real or personal, a person owned in their own name at the time of their death. That property is said to be their 'estate'. If the person left a will they are said to have died testate and their property will pass to their heirs according to the provisions of their will. If they had no will their estate will be considered to be an intestate estate and will pass to their next-of-kin according to the state laws of intestacy. An estate must be probated whether a person dies testate or intestate. As part of the probate process a notice is published that gives any creditors of the decedent an opportunity to file a claim. The debts of the decedent must be paid before any of their estate is distributed to the heirs.

What is an example of trust?

Trust is as if u believe in someone when u tell them secrets that they will not backstab u!! Not Trust someone as far as you can through them!!! Because alot of people can lie!! But if you have belief and trust in them do it!!!

Can liens be placed against a life estate to collect medical bills?

There is a statutory period during which creditors can file claims against an estate that has been admitted to probate. Any entity that provided medical treatment, supplies or services for the decedent may file a claim. Claims that have been properly filed must be paid before any assets can be distributed to the heirs.

Grandmother left you money in her will and your father is executor but will not give money so how can you get a copy of the will?

Go to the court house and request one. You have a right as a natural heir of your grandmother. They may charge you copying costs. Of course, this supposes that you are 18 or older.

Nc son dies no will who inherits?

Spouse and children are going to be first in line.

Then parents and then siblings.

How can heirs sell a house when one heir is delaying the sale we need to close her estate she never left a will a lawyer drew up the general warranty deed but one heir is delaying the sale.?

You may need to mediate the situation to solve the problem. If the person is living in the house and has nowhere else to live, then you may have to live with the situation until the person can reasonably leave. As Suze Orman said last night in view of a similar situation--people first, then money. In time the house would become available for sale and you could get your money then.

Are children of the deceased entitled to any assets if they were in their fathers name and his girlfriend?

If all assets were held by the couple as joint property with the right of survivorship then full ownership of the property passed to the father's companion when he died. The children would be entitled only to property owned by their father in his own name alone. Any such property would pass to his children under the state laws of intestacy if he died without a will.

Can you transfer ownership of your land in Missouri?

You can always transfer ownership of land. The simplest format is a Quit Claim deed. It gives any right you have to a piece of property to the grantee.

Is Benevento estate in jekyll island ga?

Yes. It is located on St.Andrews Ln, Jekyll Island, GA.

Your mom died with no will how do i become responsible for her estate?

You go to your local probate court and inquire about being appointed the Administrator of the estate. You should bring a certified copy of the death certificate with you. You should have received one from the funeral home that handled the burial. If not, then you can obtain a copy at the town clerk's office.


You may find that you need to hire an attorney who specializes in probate to handle the estate for you. She/he could help you petition to be appointed the Administrator.

Your spouse is left property in will do you also inherit?

The laws vary from state to state, but in general, no, it is your spouse that inherits.

Can a person put a lien on an estate?

When a probate is filed there is a statutory period during which notice of the probate is published and creditors can file a claim for any debt owed by the decedent. You must file proof of your claim and it must be filed in a timely manner. You can contact the court to see if your claim can be filed.

How are joint cash management accounts for a married couple after one has died?

If the account was originally set up as joint tenants with the right of survivorship then full ownership passed to the surviving joint owner. A copy of the death certificate should be sent to the company holding the account.

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