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Estates

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

6,325 Questions

Both of your parents have passed away and left you executor of estate are you responsible for all their debt left behind?

The estates are responsible for the debts. The attorney who is handling the estate will let you know how the debts will be paid.

My Aunt died intestate and her next of kin is one live sibling had my mother been alive she would also have been next of kin as her sister are my brother and I enttitled to make a claim?

Generally yes, if your aunt died intestate with no living spouse, children or parents, you would be entitled to your deceased mother's intestate share of the estate. You should contact the attorney who is handling the estate.

How do you transfer a deed on a mortgage?

Your question is not exactly clear. I will interprete it as how do you transfer property that is encumbered by a mortgage.

You should seek legal advice before transferring your interest in any property that is subject to a mortgage. Generally, the boilerplate language in any mortgage document states that the full balance will become due upon any transfer of the property. You would be responsible for payment and if the mortgage is not paid the bank will take possession of the property. Also, even if the bank didn't know of the transfer immediately, if the new owner failed to pay the mortgage the full consequences would fall on you.

The bank approved you for the loan and you don't have the power to assign your approval to someone else. You should speak with a bank representative to see if the mortgage can be assumed by a new owner. At one time lenders allowed a subsequent buyer to execute an assumption agreement.

If you had your deceased parents stock switched into the name of the estate do you still have to pay capital gain or loss on it how do you determine that when you dont know how much they bought it for?

This is actually one of the biggest holes in the US tax law. The estate gets the stock at the value at the time of the transfer to the estate's name. The Capital gains are only on what occurred once it was transferred.

What do you do on a farm?

Well, you produce food, or rather you produce the raw materials that supermarket food is made from. You till the soil. You plant seeds. You set irrigation equipment. You fertilize. You control pests. You harvest. You milk cows. You feed and care for animals - horses, cattle, chickens, hogs, ducks, sheep, etc. You either slaughter the animals yourself or send them to a slaughter house. You come home long after it is dark and you get up before the sun is up and you do it at least 6 days a week all year long.

What is the meaning of tertiary beneficiary in a trust?

A tertiary beneficiary is the third in line to receive something when the primary and secondary beneficiaries have died.

What are the types of inheritance?

You can inherit property by virtue of a will: testate.

You can inherit property under the laws of intestacy if there is no will: intestate.

What happens if parents left no will and house is still mortgaged?

Your parents' property will pass to their heirs at law according to the state laws of intestacy when their estates are properly probated. You can check the laws in your state at the related question link.

The mortgage must be paid or the lender will take possession of the property by foreclosure. If you want to keep the property then you must make arrangements to pay the mortgage. Some mortgage agreements allow assumption by a family member after the death of the original mortgagor.

In the case of real property the parent's estate must be probated in order for title to the property to pass to the heirs legally. You should consult with an attorney who specializes in probate law in your area.

What is a superior memorial arrangement for a funeral?

This may or may not be relevant, Superior coach is a trade name for Hearses. They also make ambulance bodies and at one time buses on truck chassis.

Am i responsible for my deceased mothers medical bills NY?

Not you personally, the debts of the deceased are the responsibility of the estate. Anyone that was also a co-signer on any of the agreements might also be responsible. Consult a probate attorney in your jurisdiction for help.

What should am going to do on my house before living in the nursing so that the state can not get it can I sell my house to my son?

You need to do your estate planning several years before needing to be cared for in a nursing home. The reason is that the state can go back several years and attach property when the owner received government paid medical benefits. You should seek the advice of an attorney to discuss your options and the consequences of transferring your property to your son.

If you simply want to transfer the property to your son then ask that the attorney explain only that issue to you and not an expensive estate planning scheme.

What does lab test a b o stand for?

ABO are blood groups & the test is to identify what blood group does the individual has

How long after an insured dies can a beneficiary get paid on a life insurance policy?

As long as the policy was in force at the time of the insureds death you can place a claim. Simply contact the agent who will be happy to assist you or contact the claim department directly at the insurance company.

What if a estate is insolvent?

An estate is insolvent if it does not have enough money in it or available to it to pay all of its funeral expenses, administration costs and debts of the decedent. All states have statutes that dictate what happens in such estates, so the particular state's laws must be consulted. In general however, most state laws create categories of debts and assign them priorities in payment. Commonly the hierarchy of priority would be something like this: 1. Funeral expenses 2. Administration expenses 3. Taxes owed by decedent 4. Medical expenses of the last illness. 5. Judgment debts 6. All other debts The various debts that have to be paid are put into their proper category and, beginning with the highest priority, all debts of each category must be paid in full before any debt of the next lower category may be paid. When the estate reaches a category where there is not enough money to pay all the claims in that category , then the money that is left is paid to the creditors on a pro rata basis. If lower categories of debts still remain, they will go unpaid. It is important to check the specific laws of the state where the estate is governed to get the specifics.

How much is the basic payout for life insurance?

There is no basic payout. The death benefit is whatever the insured chose to insure himself for.

Does the beneficiary of a key man life insurance have to be the company?

The purpose of Key Man Life Insurance is to benefit the company and provide funds for them to recruit hire and train another key man should the insured die. It is the company that would suffer the loss and therefor is the beneficiary.

What does born deceased mean?

It's a slightly less common way of saying stillborn. The baby was born dead.

It means that the mother carried the child to term but it was not alive when she gave birth.

Can an estate account be used to pay mortgage and or rent payments as well as utilities?

This depends on how the house is treated in the will. Generally, if the house is given to a beneficiary specifically or through the residuary clause, or if it goes to an heir by intestate succession, the house becomes the property of the beneficiary as of the date of death even though the beneficiary is not entitled to actual possession yet. In that case, mortgage, property taxes, insurance and utilities are the obligation of the beneficiary or heir and are not true estate expenses. Since the estate account contains estate monies that may be used only for estate expenses and since those are not estate expenses, the estate account may not be used for them. However; if the will states that the house is not to be given to anyone in particular but that it is to be sold by the estate and the proceeds given to the the beneficiary, then the carrying charges of the house are legitimate estate expenses and the estate account may be used. In the world of reality and practicality, the estate account is sometimes used, even though it may technically be wrong. Sometimes, beneficiaries agree to let the estate account pay for carrying charges, subject to the beneficiary reimbursing the estate later on. As far as rent payments go, obviously, the estate account will be used to pay for the rental obligations the decedent has, because this is a legitimate debt of the decedent. But, the estate account cannot pay for someone else to live there. The executor has an obligation to cancel the lease as soon as practicable so that no unnecessary rent payments accrue.

If a parent dies and leaves house to children must they pay off any debt left?

The debts of the estate must be paid before any distribution of assets is made. If the parent left a will and owned a home, the estate must be probated in order for title to pass to the heirs legally. The creditors must be notified of the death.

What is the meaning of 'To the issue of the deceased beneficiary'?

It means to the children of the person who should have inherited, but died before he could.

Insured which is me and beneficary Grandmother died who is entitled to the life insurance benefits?

If you are the insured and your beneficiary died, and you had a secondary beneficiary then the money would go to the secondary. If you had split beneficiaries, then her cut would get funneled to the other beneficiaries. If you didn't have split beneficiaries or secondary beneficiary, the money should go to your estate where your creditors would get first pickings. Therefore, I would get myself to the insurance company (phone, website, broker) and update that policy ASAP.

How do you use meek in a sentence?

Although the bible says the meek will inherit the earth the meek do not make strong leaders.