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Estates

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

6,325 Questions

Can the spouse of a person who dies finish paying for the property?

If there has been a change in ownership the bank should be notified. They will need to make some changes in the account and will want proof of death and proof that the title to the property passed to the surviving spouse. In this economic climate the bank should be satisfied to allow you to take over the mortgage. You may want to speak with a local attorney who specializes in real estate transactions. She/he may be able to facilitate the negotiation with the bank for you.

As executor can you deduct personal expenses to administer an estate from your personal taxes?

Not if they are reimbursed from the estate. If not, they may be eligible to be credited against the inheritance income.

If a person dies with no beneficiary listed on their insurance policy who does the money go to?

The money would go into their estate and would pass according to their will. If there is no will the money would pass as intestate property according to the laws of intestacy where the estate is probated.

When could male and female siblings inherit property equally in the US?

That equal treatment didn't happen all at once. In England the eldest son inherited. That system is called primogeniture and it never became widely used in Colonial America. However, there were different systems used in different colonies. By the 1600s most of the New England colonies and Pennsylvania allowed the children to share intestate property. In certain areas the oldest son received a double share. Southern colonies continued to favor the British intestacy rules. Thomas Jefferson railed against primogeniture and led the fight to remove it from the American scene altogether. After the Revolutionary War inheritance shared equally by siblings spread to all the states and the double share to the eldest son disappeared. (Louisiana intestacy law is unique in that it is based on French Law.) A wife did not become an heir of her husband until the twentieth century in some states.

My grandmother made a will to put the house in my name.after her death my dad who was on the original deed switched the deed to his name and my moms name along with my uncle and his wife.what stands?

If your grandmother was the SOLE owner of the property when she died then she was able to devise the property to you in her will. If that is the case then her will would need to be probated in order for the title to the property to pass to you and your father's deed to himself and others would be null and void. However, you said that your father was on the original deed. If your father's name was on the deed to the property as the sole owner then he owned the property and your grandmother couldn't devise it to you in her will. In that case the gift to you in the will would be null and void. You can verify who was the last legal owner by deed by checking the records at your local land records office. You need to check your father's name in the "grantee" index to determine if there is a deed to him dated before your grandmother's death. You may find that your grandmother conveyed her property to your father by signing a deed. For any further questions or to add details please use the discussion page.

What is the wording for quit claim deed for living trust?

The grantee should be recited as, " . . . to William Edward as trustee of the Eagle's Nest Revocable Trust as set forth in a Declaration of Trust Dated November 11, 2008". See also the related question below.

What is conjugal property?

Any property acquired during marriage

If mother dies and does not have a will who has the rights to whatever is in the house?

Inheritance laws vary from state to state and depend upon the value of the property. In general, the surviving spouse and children inherit. You should talk to a lawyer or the Office of the Register of Wills for your region for more information.

Is it possible to cash a check payable to the estate of?

You cannot cash such a check unless you have been duly appointed by the court as the Executor or Administrator of the estate.

Can a spouse contest the will?

That depends on the reason for the objection. A spouse may contest the will for objections regarding the validity of the will. When a spouse is disinherited or would receive a larger portion under the laws that govern intestate estates, that spouse can usually file a claim with the judge for an intestate share depending on the laws in your jurisdiction.

What happens if the person granted power of attorney as well as executor dies before the grantee?

If the person granted power of attorney and executor dies before the grantee, then the power of attorney is terminated, and the grantee would not be able to rely on the power of attorney anymore. The executor's role would typically be carried out by an alternate executor named in the will, or the court may appoint a new executor if there is no alternate named. It is important to regularly review and update estate planning documents to ensure contingency plans are in place.

Could a wife contest her husband life insurance benefits claim because she not name the beneficiary?

If there was a Will made by the husband..and in that Will the husband left out the wife..then this matter would stay as is..and the wife will have to find other avenues to convince a judge by contesting the Will.If no Will is present,then this matter is dealt under the intestacy rules,and usually a probate,and the wife will have to prove her right to the Court. Life insurance alongwith all other estate matters are usually dealt within the Will in question..unless specific instructions in the Will have been left ,seperating the Life Insurance benefits from the Will. Take advice from a local lawyer.

Does the estate have to pay bills that are received after the estate has closed?

If the estate was filed through probate there is a statutory period that varies from state to state during which creditors may make a claim against the estate. Once the estate has been closed you should check with the attorney who handled the estate before paying any bills you receive.

What is a testate?

1. Having left a legally valid will at death

2. A person who dies and leaves a legally valid will [Latin testari to make a will]

Can a new deed be issued on a life estate because the life tenant is no longer able bodied to live in the house anymore?

No. Deeds are not "issued". Once a life estate is granted by deed the grantee is the only person who can release it unless there was language in the original grant that limited it. You need to get a deed from the owner of the life estate in order to clear the title to the property. Otherwise, the life estate will not be extinguished until their death.

Can someone named in a will get a copy of the will before the death?

No. Until a testator dies their will is private and no one is entitled to access to it.

Does the Unified gift and estate tax credit reduce the size of the gross estate?

No. calculate the taxable estate of the deceased. Determine the estate tax the taxable estate. Add the gift taxes on lifetime gifts after 1976. This is the GROSS ESTATE TAX.

Deduct the unified credit from the gross estate tax - this is the estate tax. If its, zero or less - there is no estate tax.

Do the surviving two trustees need to appoint a new third trustee when one trustee has died and they don't agree and can the beneficiaries force them to appoint a third trustee?

You need to review the document that created the trust. It should contain instructions regarding the appointment of successor trustees. The trustees and beneficiaries may only exercise the powers set forth in the trust document. If this issue is not addressed in the trust document then perhaps the trustees can draft an amendment that would allow the appointment of a successor trustee. Of course, the power for the trustees to amend the trust would have to be recited in the trust document. If the trust document is poorly drafted and does not contain the answers then the matter may need to be brought before a court of jurisdiction. You should seek the advice of an attorney who specializes in trust law to help solve your dilemma.

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