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Estates

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

6,325 Questions

Can a discretionary trust be cancelled at any time?

can a discretionary trust set up for an only child be cancelled at any time?

Your brother dies a month after your mother does his wife inherit your mothers money?

Sounds right to me. The time of the passing has nothing to do with who gets the property, it's in the will. If there is no will than your spouse is entitled to it.

What does it mean for money to go to the estate?

If money goes to the estate that means the right to receive the money belonged to the decedent. Examples would include such sums as a debt owed to the decedent, insurance money where no beneficiary was named and the decedent owned the policy, refunds from paid in advance medical insurance, or an award from a court case that was settled in favor of the decedent.

Who owns a deceased persons property who has no heir?

When a person with no next-of-kin dies owning property, their property 'escheats' to the state.

Is an adult non biological child entitled to her once divorced mother's husband estate if he married a second wife?

If he legally adopted you, perhaps you might be an heir if his estate is intestate. You should speak with an attorney in your jurisdiction who is familiar wth your state probate laws.

Can a family member get commission from sale it she is the executor of estate and is a broker?

Unless all the heirs agreed in writing to allow the executor to act as the broker, with the understanding she would receive a commission, she has a conflict of interest and an independent broker should handle the sale of the property. If the executor took it upon herself to act as broker and collect a fee from the estate she should be apprised of the impropriety of self-dealing by a fiduciary. You should consult with the attorney who is handlig the estate or ask the court to review the situation if that attorney allowed this situation to take place.

If both parents die and a child is on the deed to their property does the child have to pay inheritance tax on this property?

No. If you owned the property in a joint tenancy with the right of survivorship their interest in the property "disappeared" at death and the property belongs to you alone.

How much inheritance tax on 35000 dollars?

No federal tax. You need to consult a CPA or tax accountant to find out if any state inheritance tax applies or not. You did not mention what state this is for.

Is the mother or the father a child's next of kin?

The mother AND the father are a child's next of kin. Next of kin is determined by legal adoption, marriage and blood. If a child's parents are deceased their next-of-kin would be their siblings by blood or by legal adoption.

Who can be the executor of the estate?

Anyone that is of legal age can be an executor.

How can you find out if an executor of a will didn't distribute money to beneficiaries on the will?

Check at the county courthouse probate court to look at the file to see how the estate was handled.

Can the executrix write checks from the deceaseds bank account in order to pay the funeral home utilities on the deceased property etc?

It is improper and maybe even illegal for her to do this. She needs to open up an estate account to put all monies in and then provide a meticulous accounting for any monies spent. If she doesn't do this correctly she could face legal penalties or charges.

Can life estate property be taken if there is bad credit card debt?

A life tenant does not own any fee interest in the land. They own the right to the use of the land. Therefore, it woudn't be worth anything to a creditor. In addition, there are obligations associated with a life estate that vary from state to state. If the creditor siezed the life estate it would also acquire those obligations. You should consult with an attorney in your jurisdiction if your question involves an actual situation. In that case you need to know how the situation would be handled under your state laws.

How can i open a trust account?

Simply go to your bank and tell them you want to open a Trust account. Anyone can do it at any bank. You will need to name a beneficiary, and make sure to tell your beneficiary that the trust exists and at what bank. You can also change your checking or savings account into a trust.

Does the executor work for the beneficiary?

No, the executor works for the estate. The estate will pay the executor a reasonable fee. The beneficiary has limited direction that they can give the executor.

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