Estates

Your mother needs to do some estate planning now. If the house is in mother's name alone her estate would need to be probated for title to the real estate to pass to her heirs. She could transfer the property now to herself and her children as joint tenants and the property would automatically pass to the children upon her death with no need for probate. Since brother is helping her financially with the house she could transfer it to herself and brother as joint tenants then he would become thw sole owner upon her death. You should seek the advice of an attorney to discuss your options and the consequences of a transfer (including the mortgage). Brother should keep a good record of any sums of money he spends on mortgage payments and upkeep. The funds should be paid over to his mother by check or deposited in her account by check.

Possibly yes. That depends on whether a tenancy was also recited. Generally, if the three who were named as beneficiaries were to take as "joint tenants" then the share of any deceased beneficiary would pass to the other beneficiaries. If the document was silent as to a tenancy then generally, the share of a deceased beneficiary would pass to their own heirs.

The use of the funds doesn't change their taxability. And lord knows why you would think paying off a debt (mortgage) would get some advantage. But, I'm not at all certain the inheritance is taxable anyway.

100% of the amount of the policy...each of which are purchased for a specific amount, or amount of payout.

Duress and undue influence are pressure put on someone to do what is being requested of them against their best wishes

Yes it can

The base assumption is always going to be that that the other spouse inherits the other's assets. But the estate has to liquidate all assets before they can transfer them to the spouse. One way or another, the spouse ends up paying the debt. The spouse has some right in all real property owned by the husband. If the assets are not enough to cover the debt, the real property may have a lien placed against it to cover those debts.

Irrevocable Something that is not possible to revoke or retract, cannot be undone Where a will is concerned wills are not irrevocable, a new will always replaces the old one, however if it is a joint will by both spouses the old will upon the death of one of the couple becomes irrevocable.. Essentialy if one dies the other cannot rewrite the will and ignore the wishes of the other.

When you were appointed the executor the court issued "Letters Testamentary" in your name. That is your legal authority to represent the estate and sign any checks made payable to the estate or to the decedent. You should bring a copy to the bank where the decedent had their account and speak to the manager about cashing the check. The bank may put a hold on the funds until the check clears. Once you are certain there will be no more checks issued to the estate you can then close the account.

If the decedent had no bank account then you should seek advice from the attorney who is handling the estate. If you do not have "letters Testamentary" then you are not the duly appointed executor and have no right nor authority to cash the check.

The trustee is the person who presently has the authority to carry on the business of the trust. If the trustee dies, resigns or is for some reason unable to continue their duties then a successor trustee is appointed. A well drafted trust will name a successor trustee and a process by which successor trustees may be appointed. If the trust instrument fails to provide for the appointment of a successor trustee then a court of equity can be petitioned to make an appointment. Once appointed, the successor trustee has all the powers and duties of the original trustee.

Class antagonisms precluded unity of action in the Estates-General which convened at Versailles on May 5, 1789.

the first person you should notify is a retard like your mother.

The governor of Massachusetts signed into law on January 28, 2009 a new probate code. The new code provides that the surviving spouse gets the entire estate as long as there are only children OF the marriage. The effective date of that section has not yet been found but it will be July 1, 2009 or later.

The present probate code provides that the children receive a portion and if there are no children then the decedent's parents or siblings. You can read that section for intestate succession at the link below.

yes, the wife has to deal with the bills

Yes, however, the action is carried out by the trustee. The trustee of the trust acts on behalf of the trust. If there is a legal issue involving trust property the trustee is the entity with the legal authority to represent the trust.

If no beneficiary is listed on an insurance policy the proceeds will be paid to the decedent/owner's estate.

The house of representatives

Yes, that is the executor's responsibility. He has the responsibility to resolve the debts. If the assets are not adequate to resolve them, they have to be written off.

If your father was of sound mind when he made his will he can leave his property to anyone he chooses. You can contest the will if there are technical errors or if you think there was undue influence. However, you should be prepared to support your claim with some evidence. You can read more about it at the link below.

No. You should execute a Codicil to the will that clearly states the change you wish to make. A Codicil is drafted in the same form as a Will and attached to it. For example, your Codicil might declare that you are revoking Article Third of the Will where you appointed Judith as the executor and you are replacing it with the following Article Third. Then restate Article Third with the new appointment. You should then state that you are reaffirming all other provisions of the will.

The estate is responsible to pay outstanding debt before being distributed to the heirs.

Yes. In most states in the United States a spouse cannot be disinherited by a will. The spouse can file a claim under the doctrine of election. By filing such a claim, the surviving spouse is generally awarded an intestate share of the estate. You should consult with an attorney in your jurisdiction who can review your situation and explain your options.

Strength cannot be inherited.

:)

Generally, as part of the probate process the heirs sign a document entitled, "Release of Demands and Assent to Account". Those documents protect the executor or administrator and stay in the probate file with the court.