Estates

I used to live there in the late 90's growing up. I loved it. All the homes there are very large. It's basically one road with a bunch of homes and a couple cul-de-sacs. The homes there vary in style. Mine was a mediterranean style. The community is very exclusive. Very pricey.

The next of kin cannot access any property that was solely owned by the decedent. That means such assets as bank accounts, investment accounts and real estate. Title to real estate can only pass to the next of kin through probate. If the next of kin were to execute a deed to sell the real estate the deed would be invalid.

Contact the next of kin or hire a probate attorney to do it.

Not without breaching their fiduciary duties. It would be irresponsible of the executor to do so. It could land them in trouble.

As long as it is properly approved by the probate court. There will have to be documentation of legitimate valuation and payment.

Yes. However, the will should be drafted by an attorney who specializes in probate to make certain the will isn't vulnerable to challenges. A testator has the right to choose their beneficiary. Generally, a will can only be challenged on technical grounds not because someone doesn't think it's "fair". The attorney may advise the testator to name a different person as the executor although it may not be necessary.

First, the trickster should be reported to the district attorney for taking advantage of a person who is at a disadvantage. Perhaps the DA could provide advice as to what steps should be taken to counteract the false POA. Perhaps they could draft a notice that could be served on any institution where the POA could be used to access bank accounts or investment accounts, or sign social security checks. If the victim owns real estate the notice of the false POA should be recorded in the land records. The legally incapacitated person needs to have a guardian appointed by the court. Someone needs to commence that process.

The State of Texas does not have an inheritance or an estate tax. Only 11 states do have one in place. It is still a good idea to consult a probate attorney to minimize federal taxes.

an inheritance tax is based on the portion of an estate

an estate is a federal tax on all the wealth a person leaves

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There may not be an exact answer because some depends on your own, or the specific IRS or State definition of things.

But generally:

An inheritance tax would be on the value of what someone receives from the estate of someone who dies. Paid by the recipient.

The estate is actually the continuation and winding up of the deceased persons affairs, and they may be taxed before what is left is distributed to those inheriting.

You petition the court. It is a fairly straight forward form that has to be signed by all of the beneficiaries of the will or estate. You should consult a probate attorney for your jurisdiction.

That depends on how they took title. If they acquired as joint tenants with the right of survivorship title automatically passes to the surviving owner, with no need for probate. If they took title as tenants in common the interest of the decedent passes to their heirs and must be probated.

A late husband is a dead husband. Late means dead in this context.

Your father's estate is responsible for his debts. If he owned any assets when he died his estate must be probated. You should speak with an attorney.

Dude. There's a tree in Mankato. It's a tall oak tree. Go to it. There's a black wooden bench under it. Under the bench, there's a quarter billion dollars. Dig it up, and it's all yours. I would do it, but I live no where near the area.

Look to the instrument that created the trust for instructions for appointment of the successor trustee.

Co-executors are not appointed for a trust, they are appointed by a court. You would need to petition the court to remove a co-executor.

I assume you are talking about what can you do after the person who left you the land has died.

You can disclaim the inheritance. To effectively disclaim the inheritance you must carefully adhere to a number of rules, such as you did not get any personal benefit from the disclaimed property and you complied with time limits. You really should ask for professional help.

Of course, there are a number of things you can do if you can get the person who is leaving you the land to restructure his estate plan before he dies...

They split it evenly unless the insurance policy specifies that the proceeds are to be divided among several beneficiaries in some other way. Sometimes a policy can be payable to a spouse and children, with the spouse getting one size share and the children dividing the rest among themselves. The owner of the policy has the right to specify who gets how much.

The sole beneficiary is entitled to any assets remaining after the estate has been probated and the debts of the estate have been paid.

inheritance

You can file a court case if you have any evidence that the person transferred the property to avoid creditors. The court will issue an 'ex parte' lien against the property if you are successful.

The short answer is yes under the commonlaw. Make no mistake the law is quite distinct from morality. Unfortunately I do not have the time to go into detail now but if you need further clarification I would be glad to provide you with a more detailed answer. You can reach me at fodiakosa@yahoo.com OLUFEMI ODIAKOSA Solicitor of the Supreme Court of England and Wales Barrister and Solicitor of the Supreme Court of Nigeria

The feminine form of the Latin word 'testator' is testatrix. The word means 'one that makes a will'. It derives from the verb 'testor, testari', which means 'to give evidence of, to bear witness to, or to call to witness'.

It is possible in some cases. The testator can also specify in the will that such property cannot be used that way.

If your parents are deceased the Power of Attorney expired when they died. It is no longer in effect. If your sister used their credit card after their death then she committed a criminal act and could be prosecuted. Her use of the crdit card has nothing to do with their estate. She is responsible for her actions. If she charged on the account after your parents death, the credit card company can't attach the real estate you inherited. They would need to bring charges against your sister. You should cooperate by providing them with any information you have that would help in their investigation, where they can find your sister and the circumstances that enabled her to use your parents credit card (her being the executor of their estates).

A lawyer has no magical powers to get someone else's tax return.

But if you have a legitimate need to see the tax return, the lawyer can petition the probate court to get an order compelling the executor of the estate to show it to you. But it may not be necessary to go that far. If you have some legitimate need to see it, often times a letter from your your attorney can convince the executor that you are serious (or crazy) and they might decide that it's better just to show it to you.