Estates

The use of a deceased person's credit card would constitute credit card fraud. Unlawful use of a credit card is a criminal offense.

my cousin Keith Barnette Grimes died April 1st 2011 he got sick from guardia parasite infestation which was shutting his organs down after several emergency room visits and being sent home with no answers he decided to end his suffering with a gunshot to the head. He told me I was a beneficiary and to give him my mailing address for the beneficiary check to be mailed. he is retired postal carrier ss# 417-90-3326. does he have me as a beneficiary? My name is Robert Reymundo dob 02-17-1967, ss# 418-15-1418

The probate process.

The manner by which the trust can and should be terminated should be recited in the trust document.

You need to submit the will to probate court for allowance and ask to be appointed the executor. If there is a different executor named in the will they may need to sign a declination.

A person's estate is all the property owned including real and personal property. In another sense an estate is a large piece of landed property with an elaborate house on it.

exeutors are trustees, and where there is more than one must act together, unless the instrument creating the trust specifies that they may act separately. The bank should only act on joint instructions from both executors.

The Louisiana inheritance tax is imposed on the heirs or legatees of a decedent for the privilege of receiving property from the deceased. Effective January 1, 2008, inheritance tax shall not apply to deaths occurring after June 30, 2004. See Acts 2008, No. 822.

no, the bank would not be required to advance funds in Canada. The death of the borrower would relieve the bank of its contractual obligation to carry out the loan

A mother left 20% of her estate to one son and 25% to another son. The remaining $55,000 she left to her daughter. Find the amount of the estate:

A trust isn't something that is owned. A trust is a legal arrangement by which one entity holds legal title to property for another. The grantor of trust, or the entity that created the trust, may think in terms of owning the trust in the case of a revocable trust, however, the title to the trust property is always held by the trustee.

Yes. There are two types of trusts, living (intervivos) and testamentary. The living trust is created by a living person(called the settlor or trustor). The testamentary trust is created by the will of a deceased person. Living trusts are designated as either revocable or irrevocable depending on the authority of the settlor.

If the settlor has the power to cancel or revoke the trust, it is a revocable trust. If the settlor has no power to revoke it then it is an irrevocable trust. Since the revocable/irrevocable distinction is determined by what the settlor can do while he or she is alive, the trust had to have been made during the settlor's lifetime. Hence, an irrevocable trust is a living trust.

On the other hand a trust that is set forth in a person's will is revocable during the life of the testator simply by a modification of the will through a codicil. Once the testator has died that trust becomes irrevocable.

Yes. A person who signs a quitclaim deed relinquishes all rights they have in that property.

That there was no will.

"Hereto" means to this document or to this writing. For example a Will may state that certain personal property is to be distributed according to the list hereto attached. Or, a Petition may ask the court's review of the matter set forth in an Affidavit hereto attached.

Generally a beneficiary can file a disclaimer with the court. State laws vary so you need to check the laws of your state. In some states where real estate is part of the estate assets you need to sign a deed transferring your interest to the other beneficiaries. An example is provided at the link below.

If your spouse dies during the year, you can fill for that year only, the same joint return you usually do fill.

Next year onwards for the next 2 years, you can fill the form as a qualifying widow(er).

From the 4th year onwards - You can either file as a single or head or household, whatever is more appropriate.

Hope tht helps.!

You would need to review the document that created the trust to find the identity of the trustee and then contact the trustee. You can collect funds from the trust only if the trust document names you as a beneficiary.

Yes. The amount an executor can charge for their services is set forth in the state probate code.

If your surviving parent died intestate (without making a will) without leaving their home to you then their estate must be probated in order for title to the property to pass to the heirs. I am assuming your parents owned the property as joint tenants with the right of survivorship and after the first parent died their interest passed automatically to the surviving spouse. Intestate property passes according to the laws in the state where the property is located. You should collect and make copies of proof all mortage payments you made. You should also collect and make copies of all the property tax, insurance and repairs you have paid for. Your sibling is probably legally entitled to one half of the value of the property. Your lawyer should seek to charge off one half of every bill you have paid to maintain the property against your sibling's half in order to reduce the amount you will need to buy her interest and obtain clear title to the property. Perhaps the full amount of the mortgage payments could be deducted from your sibling's half. You should contact an attorney to discuss your rights, your options and how to arrange to have the title transferred to you legally.

There are laws that govern estates and Wills. You cannot disinherit a minor child in most jurisdictions in the United States. You can disinherit an adult child but there are specific steps that must be taken in some jurisdictions. In some cases, the testator must state clearly in the Will that they are intentionally omitting a child or children (and name them) or the court will assume that child was simply forgotten and grant her a share of the estate. You should consult with an attorney who specializes in probate law who can review your needs, explain your options and draft a proper Will for your jurisdiction.

If someone is given exclusive use of the property of the decedent it generally means they have a life estate in the property. A life estate entitles the holder to the use and possession of property for the duration of their natural life.

A testamentary trust is one that is set forth in a person's Last Will and Testament. If you think you are named as a beneficiary in a testamentary trust you have no right to see the Will prior to the death of the testator.

If he is appointed executor of the estate. If the car is the only asset, there are usually some short forms that can be acquired to transfer title. Consult a probate attorney in your area.

Yes. The period varies in every state. You need to check the laws of your state to determine the length of time provided to creditors in your jurisdiction.