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Estates

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

6,325 Questions

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.

Am i a life insurance beneficiary?

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

How do you end an irrevocable trust?

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

How do you get named as executor if your parent has already passed away?

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.

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.

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]

What if person uses deceased persons credit cards?

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

What does estate mean?

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.

You are a co-executor of a will you believe each can act independently you want all assets in bank account withheld until you can do an audit Does the bank have to follow your wishes?

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.

Does Louisiana have an inheritance tax?

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.

Who owns a trust?

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.

If a party signs the note mortgage etc and receives the two rescission forms then dies within the three day period is the funding bank required to remit funds to the decedent's estate?

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

9 A mother left 20 of her estate to one son and 25 to another son The remaining 55000 she left to her daughter Find the amount of the estate?

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:

Is an irrevocable trust a living trust?

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.

If a person with a life estate quit claims the property to someone else are they giving up their life estate?

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

What does hereto mean?

"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.

If money from a trust fund has been spent would you still be able to locate the trust if so how do you go about collecting funds from said trust or can you?

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.

Can a beneficiary forfeit an inheritance if they want their share to go to the other 3 beneficiaries instead?

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.

How do you file a joint tax return after a spouse passes away?

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.!

Does the executer get paid for handling the estate?

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

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