Estates

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You file a claim with the court (they should have a form you can use) along with proof that your father owed you the money. Once you file it the executor must pay the debt.

A trust set up for the Health,, Education, Maintenance, and Support, usually for a minor.

The original must be presented to the probate court to be examined and allowed along with a petition by the named executor to be appointed the executor. In order to commence the probate proceeding the original must be turned over to the executor. You should consult with an attorney who specializes in probate.

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If an heir of an estate dies who entitled to that portion of the money?

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The estate is liable and has to pay off all the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.

Any debts owed by the decedent must be paid by the estate.

Federal gift taxes are not paid by the recipient. However, in the rare case where the donor does not have the resources to pay gift taxes they may owe, the IRS might try to recover some or all of the gift from the recipient.

The donor may owe a gift tax depending on the size of the gift and depending on what other gifts the donor has given.

No. Property that you receive by a will IS an inheritance. Property received from a relative under the laws of intestacy when there was no will is also an inheritance.

Let's say we split a dollar. I got .75 cents, and you got .25 cents. I would have the lions share as I have the greater amount or "share" of what was being split. Hope this helps!

Mesas are a feature of southwestern landscapes and other arid regions. We do not have true mesas in the Massachusetts landscape. You can read more about mesas at the link below.

You need to consult with an attorney who can review the terms of the trust. Your mother removed her real estate from her estate. Trust law is extremely complicated and there are many types of trusts. You need an expert to review the situation and take the matter to court if necessary.

Historically, under feudal law when a land tenant died without heirs the land would escheat back to the lord. Today when a person dies with no heirs their property escheats to the state. If a legitimate heir comes forward later with proof of their relationship they can claim the property. The state has no interest in taking property from rightful heirs.

All accounts of every nature should be addressed in the Separation Agreement and the Divorce Decree. The joint credit card accounts and any joint bank or investment accounts must be negotiated by the parties (through their attorneys) as to who pays what and who gets what. Property, debts and assets must all be addressed at the time of the divorce.

In your case, no, the proceeds will not be included in the estate of the decedent. Since you were the named beneficiary the proceeds pass directly to you. Of course, upon your death they will be included in your estate. Whether or not a judgment against your husband will allow the other party to go after your assets is obviously a more complicated question. But the life insurance is not part of his estate.

By their very nature an irrevocable trust is very difficult to "undo". You need to consult with an attorney who is an expert in trust law in your state and also an expert in federal tax laws. You can gain some background regarding the difficulty of disabling irrevocable trusts at the link below.

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Trusts are not managed by executors but by trustees. You need to review your trust document to determine how the trustees may be removed and replaced. In fact, for any questions about what you can do and and how you deal with your trust you must review the trust document. You are bound by the provisions set forth in the trust document.

Return to the attorney who drafted the trust to make certain it's properly done. Trust law is extremely complex. Trusts should always be drafted by an attorney who specializes in trust and tax law. Errors made by non-professionals can be costly to correct and can result in the trust being judged invalid and the property being vulnerable to creditors and probate.

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Your mother's estate must be probated in order for title to the real estate to pass to the heirs. In New Jersey a spouse cannot be disinherited. Your mother's husband may be entitled to a one-third portion of her estate even if she left the real estate to you in her will. You need to discuss the situation with an attorney who specializes in probate law and who can explain your options.

You should start by contacting the bank. Look for a branch in your area and visit in person. It would be helpful to write down everything you know about the trust such as date, account number, name, address and social security number of the trustor, your social security number, etc. If there is no branch nearby then use the contact information at the related link.

No. The surviving partner has no right of inheritance unless the decedent left a will making the survivor the beneficiary.