Estates

I would contact mortgage company and send them copy of Death Certificate and see if they will hold off on foreclosure ( if it has gone that far 3-4 mos with no payments). If it is a HUD/FHA loan contact them and see what you can do. Go to www.hud.gov. and get your local HUD office number. The other solution would be to rent the house out until it sells. As long as your tenant knows you are selling and is willing to show the house when you need it...that's what I would do. I just went thru this in November 08...my dad died. He had a VA loan but luckily the house sold in 2 mos. Good luck to you.

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.

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

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.

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

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.

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.

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.

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.

Spouse and children are going to be first in line.

Then parents and then siblings.

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.

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.

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.

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

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.

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.

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.

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!!!

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.

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.

You would likely need to sue in a court of equity for a judicial order revoking the life estate. You would need to present compelling evidence to the court to support your cause of action. You should consult with an attorney who can review your situation and explain your options.

I assume you mean the estate tax, not the inheritance tax. (There is a federal estate tax, but no federal inheritance tax.)

The federal estate tax will be abolished in 2010.

And (unless the law is changed) it will be reinstated in 2011 and the exclusion amount will drop from the $3.5 million in 2009 to $1 million in 2011.

Note that this does not apply to state estate or inheritance taxes. Because of the craziness on the federal level, many states have been revising their estate taxes to decouple them from federal changes.

***Caution*** Before making any plans to die in 2010 in order to take advantage of the estate tax repeal, be aware that this situation is very fluid and the law could be changed.

No. Unless he made a will before he became incapacitated his solely owned property will pass as intestate property upon his death. Any will executed during the period he is incapacitated should be challenged if she tries to probate that will after his death.

You can check your state laws of intestacy at the related question link provided below. Follow the directions and click on your state to see who inherits intestate property.

Only if she is also on the account. If not, then absolutely not. You can get yourself in a heap of trouble by using the credit card of a deceased person. You must notify the credit card company of the death and close that account.

When a principal executes a Power of Attorney it is for the purpose of allowing someone else, the attorney-in-fact, to sign for them BECAUSE they cannot sign in person. The bank should accept a properly executed POA.