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Estates

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

6,325 Questions

Your aunt loaned you money then dies Can her husband collect this money?

Answer 1.He has a moral right to her estate and you are morally obliged to pay it Answer 2. Answer 1 is correct as far as it goes, but this is not only a moral issue, it is also a simple legal issue. You owe this money to her estate. Your aunt's executor can collect it, and can sue you for it provided that he can prove that the loan was made and you can't prove the loan has been repaid. The executor must then pay it over to the beneficiary under her will. If there is no will, her husband is the beneficiary.

Is the surviving spouse responsible for a deceased spouse's credit card bill if you are not named on the account in California?

Maybe, California is a community property state which means that all assets and debts are joint between spouses regardless of who obtained the assets or incurred the debts. Whether a company chooses to pursue payment of debt accrued under such conditions depends solely upon the creditor.

What section of the Internal Revenue Code governs charitable lead trusts?

A charitable deduction is allowed for a contribution of an income interest in trust (remainder to a noncharity) onlyif: (1) the donor is taxable on the trust income, and (2) the donated income interest is either a "guaranteed annuity" or a "unitrust interest." (Code Sec. 170(f)(2)(B); Reg § 1.170A-6 )

Can a future beneficiary borrow against his assets in trust?

If the trust is a spendthrift trust, then no, the beneficiary probably cannot borrow against it. It is up to the lender.

How long after a person dies does their last will and testament continue for?

A will is effective as long as it is not revoked by the maker. However, it does not take effect until it has been filed in probate court, allowed and an executor appointed. In the case of a very old will being found there may be a problem with the witnesses not being available to testify as to its veracity and property of the deceased having already been distributed as intestate property. The will may not be allowed. If that is the case you should seek the advice of an attorney.

What happens when a partner leaves a business or dies?

What happens when a partner dies in business depends on the contract. Many people may write a contract that replaces a partner with a family member of the partner.

If you leave everything to your wife do you need an execuror?

If you are writing a will, then you need an executor. However in this case where you are leaving everything to her, she can be the executor.

Your childless widowed aunt died and her heirs sister and brother are dead. There are 15 nieces and nephews. Who gets the money?

The person who receives your aunts inheritance will most likely be determined by her will. If there is no will, the court will probably divide it between the nieces and nephews.

How can you remove family members from deceased grandmothers house?

The grandmother's estate must be probated so that title to the real estate can pass to the heirs. Then the legal owners can have any trespassers removed from the premises.

How do you set up trust account for grandchildren?

Trust law is extremely complicated and state laws vary. You should always consult with an attorney who specializes in trust law when contemplating a trust. Trusts must conform to IRS regulations and so a trust expert knows tax law also. A trust needs to be tailored to your particular needs and situation. An improperly drafted trust can be costly to fix later on and can only be fixed by a judge. You should arrange a consultation with a trust attorney.

How do you find if i am a beneficiary?

If you are a beneficiary of a will you will be notified when the will is presented to the court for allowance and appointment of an executor.

Transfer real estate property by will?

The transfer is done by the executor of the estate once the estate is settled. The will indicates who gets the rights in the property, but they are still subject to mortgage and liens and other items.

Can you leave your timeshare to your children?

If not then my wife and i have a big problem as we own a timeshare at Disney World. These have a 50-year life span and we have split the points between our 2 sons.

A lawyer OKed this an the sales people at Disney certainly stated this was the case.

If not then my wife and i have a big problem as we own a timeshare at Disney World. These have a 50-year life span and we have split the points between our 2 sons.

A lawyer OKed this an the sales people at Disney certainly stated this was the case.

A legal agreement that allows you to pass your timeshare to your children should be clear out before you buy one. Some companies won't allow this this one. BUt most nowadays, include this in their timeshare packages.

Yes. Most timeshare companies have these added benefits when you purchase their timeshares. It is one of the supposedly benefits of timeshare ownership that allow you to pass your timeshare unit to your heirs or children.

I don't know if this is an advantage or disadvantage for the children. Timeshares can be passed on to the heirs of the owner. But this also means that the heirs will continue with the cost like the annual maintenance fees.

Certainly. It is one of the common arrangements in timesharing. But in some cases, the heirs have the burden of bearing the annual and other fees.

Your dad passed are you responsible for his medical bills?

Depending on the jurisdiction, the executor of the deceased person's will is generally responsible for paying all remaining bills from his estate. So if you are your father's executor (and the executor is normally named in the will) then you are usually responsible for paying his debts which will often include his final medical bills. There may be exceptions depending on the location and other circumstances.

I'm not a lawyer; I don't even play one on TV. Consult a lawyer specializing in estate law.

Is estate tax payable by the recipient?

The obligor is the decedent's estate. If assets are distributed without paying the estate tax, the personal representative is on the hook. In addition, recipients can be required to pay up to the value of assets received.

Is Jamaica estates in Jamaica queens?

No. Jamaica queens is in New york. (I've been to Jamaica queens before)

Can you avoid taxes on an inherited annuity?

No, in Australia, America and most of Europe there are certain taxes that affect inherited annuities.

Can a grantor name himself as a trustee of an irrevocable living trust?

Generally no. In an irrevocabe trust the grantor cannot maintain any control over the trust property. Trust law is very complex and trusts are subject to the IRS Code. If not properly drafted a trust can also leave the trust property exposed to creditors. Anyone contemplating the creation of a trust should seek the advice of an attorney who is an expert in estate planning, tax law and trust law.

Family history of maharaja digvijay singh of balrampur estate under the kingdom of lukno audh yer 1600?

BALRAMPUR RAJ (History) The Royal family of Balrampur traces its ancestry to the noble Chandravanshi (Lunar dynasty) stock of Rajputs. They claim decent form the great Pandava hero Arjun of the Mahabharata. Descendents of king Janmejay (great grand son of Arjun Pandava) settled in the Panchmahal area of Gujrat and ruled from Pawagarh Fort naming the principality Arjanwara, which later got corrupted to Janwaara. Having migrated to the Himalayan Terai from Janwaara in the 13th century they came to be known as Janwaar Rajputs. During the reign of Mohammad Tughlaq, a rebellion broke out in the Terai region. Bariar Shah, youngest son of Raja Mansukh Deo (41st generation from Arjun) was chosen to command the Imperial Army from Delhi to suppress the rebellion. Having successfully executed his task in the campaign, Bariar Shah was granted large tracts of land and restored a hereditary title of Raja by a special Farman ( Royal edict) from the Sultan Mohamad Tughlaq .Thus a new dynasty of the Janwaar Rajputs began which ruled from Ikauna (in present day Sravasti District, close to the ancient capital of Sravasti). Seven generations from Bariar Shah, Raja Madho Singh acquired the new principality of Ramgarh Gauri and shifted his base renaming the capital of Ramgarh to Balrampur to commemorate the name of his younger son Balramdas Shah who had bravely fought and was martyred in the battle during acquisition of Ramgarh Gauri. From then onward the principality came to be known as Balrampur Raj. The Balrampur Raj shot into prominence in the mid 19th century during the rule of His Highness The Honorable Maharaja Sir Digvijay Singh Bahadur K.C.S.I. It became by far, the largest Taluqdari of Oudh(Avadh) in the United Province (Uttar Pradesh) covering an area of 1300 squre miles and owning 3014 villages. Genealogical Line of succession from Raja Bariar Shah. 1. Raja Bariar Shah (1269-1305A.D) 2. Raja Achal Deo (1305-1321) 3. Raja Dhir Shah (1321-1363) 4. Raja Ram Shah (1363-1388) 5. Raja Vishnu Shah (1388-1404) 6. Raja Ganga Singh (1404-1439) 7. Raja Madho Singh (1339-1480) 8. Raja Kalyan Shah (1480-1500) 9. Raja Pran Chand (1500-1546) 10. Raja Tej Shah (1546-1600) 11. Raja Harbansh Singh(1600-1645) 12. Raja Chhatra Singh (1645-1695) 13. Raja Narain Singh (1695-1737) 14. Raja Prithvi Pal Singh (1737-1781) 15. Raja Naval Singh (1781-1817) 16. Raja Arjun Singh (1817-1830) 17. Raja Jai Narain Singh (1830-1836) 18. H.H.H Maharaja Bahadur Sir Digvijay Singh K.C.S.I (1836-1882) 19. Maharani Indra Kuwari (1882-1893) 20. H.H.H Maharaja Bahadur Sir Bhagwati Prasad Singh K.C.S.I,K.B.E,K.C.I.E (1893-1921) 21. H.H.H Maharaja Bahadur Sir Pateshwari Prasad Singh K.T,K.C.I.E (1921-1964) 22. (Maharaja) Dharmendra Prasad Singh(1964-)

Taxes on insurance payout?

Depends on the type of insurance and what the payout is for. Life insurance is generally not taxable. Other types may well be. If for a casualty loss it would not be only if it is equal or tless than your actual loss AND you did not claim the casulaty loss as a deduction.

Who is next of kin to deceased grandmother with living brother deceased son and living grandchildren?

Generally, the grandchildren would be the next of kin. You can check state laws of intestacy at the related question below.

I cosign for my daughter house can I sign her tax return?

You would need a power of attorney to sign her tax return for her. If your daughter is incapable of signing for herself then you should have a durable power of attorney drafted. If she is not competent then you would need to be appointed her guardian. You should seek the advice of an attorney to discuss your options.

What rights do biological children have in the estate of a deceased parent?

Biological and legally adopted children generally have the same rights in their parent's estate if their parent dies intestate, or, without a will. Children do not inherit an interest in property that was held jointly with a surviving spouse. However, they may inherit an interest in property held solely by the decedent. You can check the laws of intestacy in your state in the related question below.