Estates

No. You are the court appointed executor unless the court appoints someone else because you have failed to perform your duties as executor. In that case the court would notify you and there would be a hearing.

You need to probate your mother's estate for title to the real estate to pass to her heirs. Until the estate is probated there is no living legal owner of the property. It is owned by your mother's estate. After payment of her debts, her property will be distributed according to the laws of intestacy of your state. If your mother left two sons and no spouse, title to the property will pass to her sons who will share her property equally. At that time, the brother who is living in the house could buy his brother's share in the property. If one brother wants to sell and the other doesn't, the first could bring a Petition to Partition in the local court of equity. The court would arrange to sell the property and after all the legal costs and expenses are deducted the proceeds from the sale would be divided equally between the brothers.

If the estate was probated in court the estate becomes a public record. You can review the file. You may read the will, review the inventory for all the real and personal property listed and the value of the property, and then review any statements regarding distribution. You can also review the final account once it has been filed. If you have any questions, you can direct them to the executor and/or the attorney who is handling the estate.

Yes. All assets, including a receivable (the right to receive money), should be reflected in the accounting.

You have at least two options. If possible, you could cash the check at the bank the check is drawn from. You would need to show proof of your identity, proof of the trust and proof of your appointment as successor trustee. Or, you must open a bank account in the name of the trust. If your trust receives checks then it needs a bank account. You would need the same proof as stated above to open an account. The bank would probably hold the check until it has cleared since you don't have any other trust funds to deposit that would cover that check. When assets are placed in a trust you must follow the provisions of the trust and trust law when dealing with the property.

No. An executor cannot do anything related to the estate "behind anyone's back". An executor is a court appointed fiduciary who is required by that office to act in good faith. He/she cannot take advantage of that position or cause anyone to unfairly profit from financial transactions from the estate. He/she must follow the will to the letter and make distribution accordingly. Any actions taken by the exeutor should be reflected in the estate file and should be reported in the inventory of the estate and subsequent final account. When co-executors are appointed both should join in every transaction unless otherwise specified in the appointment. If the executor violates the powers bestowed by the court you can petition to have them removed and charged for any damages to the estate caused by their misbehavior. Once the estate has been filed for probate the file becomes a public record that can be reviewed by you at any time. If you think the executor has been dishonest you should report your suspicions to the attorney who is handling the estate immediately. If your complaint is not handled promptly then complain to the court.

Property that will become trust property must be transferred by the legal owner to the trust. Bank accounts can be reopened in the name of the trust and its trustee. Real property must be transferred by deed from the the record owner to the trustee of the trust. Since a trustee is the agent with the power to act for the trust, real property transfers should be made to the trustee. For example, a deed should recite the grantee in this form: Julia Roberts, as Trustee of the Pretty Woman Realty Trust dated 3/23/1990. Since the trustee will have full power to control the trust property it is essential to choose a trustee whom you have deemed to be completely "trustworthy".

You would need to check your state laws for the requirements in your state. In Massachusetts a person under indictment for or who has committed a felony against the deceased cannot be appointed administrator or executor. MGL Chapter 192 section 4 MGL Chapter 193 section 1

You should seek the advice of the attorney who is handling the estate.

A person who gets money and property left by a deceased person is usually referred to as the heir. In most cases, people with a lot of wealth usually write a will of how they would wish their wealth to be distributed.

A "special needs trust" is established for a person under some handicap who is receiving assistance from some type of government program. The trust is set up so that they do not lose eligibility for that assistance by owning assets. Therefore, the answer to your question is no, you cannot set up a special needs trust for someone who does not meet that criteria. However, anyone can set up a trust that will meet their unique individual needs. You should seek the advice of a trust attorney who can help you to set up a trust that will meet your own needs.

Yes. If the judgment results in a monetary award the proceeds would be distributed according to the residuary clause in the will or as intestate property if there is no residuary clause or no will. You should make certain to keep the claim active until it is paid.

The estate would be responsible for any individual debts. The co-signer would be responsible for any debts that were guaranteed by a co-signer.

The heirs can only inherit what the decedent owned. If she didn't have clear title then you won't inherit clear title. At some point the title will need to be cleared up. That will be whenever you wish to sell or mortgage the property.

That would vary from state to state. ===Texas=== Texas: dependent administration: an application is filed. When granted by the court, the duties terminate. Independent administration: duties terminate when an affidavit of completion is filed, or when all of the duties have been completed, whenever that might be. Most independent administrations are not closed in Texas, leaving open the possibility for additional relief from the court should it be needed, subject to a defense of lack of jurisdiction if all of the duties are complete. A good rule of thumb would be when the IRS grants the administrator a discharge of his/her duties, although most administrators do not request it. ===Massachusetts=== When there is proof filed that no state or federal estate taxes are due and the final account has been allowed.

Yes. If you are the duly appointed estate fiduciary.

If your brother's estate will be probated in Florida you may be notified as his next of kin or heirs under certain circumstances. If he died intestate, without a will, and has a spouse and no children or if he left no spouse and no children then you will be notified. If he died testate, leaving a will, and named you as an heir you will be notified. Once the estate has been filed you can contact the court and request copies of any documents filed in the case. At some point an inventory of his property should be filed. You can request a copy. If the estate will not be probated there is no way for you to access information about his bank accounts.

Yes, if it's too soon in the probate process to make distribution. An executor must collect and manage the assets of the estate during the probate process, which usually takes six months to a year. He/she must collect the assets and file an inventory with the court. During that process she/he must pay any debts or claims and file any state and federal estate tax returns if necessary. That must all be done BEFORE the executor can distribute any assets to the beneficiaries. The executor is in charge of the assets until they are free and clear of the probate process.

Yes, there is a statutory right of election in every state except Georgia.

If they're dead they don't owe anything to anyone. If it was you, apparently you missed your opportunity to collect while they were still alive. Other than that, you need to keep in mind that impersonating someone to collect money not rightfully yours is theft and can be prosecuted in a court of law.

Though if someone was legally in debt to you, being related to the deceased, you could take them to court and their obligation would still stand.

If the estate has not been settled and the deceased owes you money you can file a claim with the estate. I am not a lawyer, but was an administrator for my mother's estate. Regardless of what the law might be, the right thing to do is to pay off all the debts before passing out money to the heirs.

You would be better to leave all property disposal to the estate's administrator or executor.

If the decedent named a beneficiary on his bank account the beneficiary can obtain a certified copy of the death certificate and proper identification and visit the bank to close out the account and obtain the funds.

The estate is responsible for paying off any debts. However, in most cases if the debts exceed the value of the estate, the child is not required to pay the difference.

This may not keep the collectors from trying.

Gross.