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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 a divorcee collect ex husbands retirement payment after his death?

No, you are no longer related. (Unless there is some special contract entered into by all three...the decedent, the ex-wife and the employer. This would be very unlikely though.)

What does let stc mean?

Let STC means let subject to contract. It means that someone has made a verbal property agreement but has not yet signed anything.

Who checks up on lawyers who stall paying inheritance to the beneficiaries?

The beneficiaries are those with standing to complain. You should start by contacting the lawyer to ask for the reason for the delay. There may be a legal factor that you are not aware of. The debts of the decedent must be paid. It takes some time to obtain final bills showing the amounts due for various expenses and costs. There is a statutory period that varies from state-to-state during which creditors may make a claim against the estate. The assets can't be distributed before that period has passed. You need to see if that statutory period has passed. The estate tax forms must be filed and taxes paid if necessary. You can request the file at court and review it to see if all the necessary filings have been made. If the time for all of the above has passed and the attorney isn't in the process of making the distribution then complain firmly to her/him. Be polite but assertive and business-like. Ask when you can expect a check. If you don't receive a prompt response, an apology for the delay and a date by which you will receive payment then make it known that you will complain to the court (a motion to compel the attorney to make distribution) and send a malpractice complaint to the state board of bar overseers if distribution is not made immediately.

Auto financing in case of death?

I hope I am interepreting your questions correctly. If you have a deceased individual with an auto loan then contact that lender and explain the situation. Usually this loan will no longer exist, and the vehicle will be picked up. If there is a co-signer on that loan, then that person will be responsible for that debt, and should take full ownership of that vehicle.

If you sign off on items left to you in a will can you contest the will?

The first step in the probate process is to present the will to the court for allowance and ask the court to appoint the executor. At that point you have a statutory period (that varies from state to state) during which to contest a will for any technical defects you think may exist in the will. If you think the will should be contested then you are questioning the validity of the will on the grounds that there are technical defects that make it invalid under the provisions of state laws that govern the making of wills. If the will is declared to be invalid and there is no other will the property of the decedent will pass as intestate property If the will contest is not successful then the will will be allowed. You cannot disclaim your inheritance until the will has been allowed by the court. Once a will has been allowed a disclaimer can be filed in writing. Your question is difficult to answer because your chronology is off kilter.

Letter of direction for estate?

The Letter of Direction is often required when a person has passed away and the Power of Attorney must make certain decisions on behalf of the deceased.

The Letter of Direction can take various forms, and generally the estate lawyer can help you with the wording required.

The Power of Attorney (POA) becomes the Administrator when someone dies and the finances of the deceased are generaly frozen in an estate account held by the lawyer untl the Letters Probate are released by the court. If the account requires a Letter of Probate (because it is a large amount of investment and property) (most of the time these are needed), then the Administrator will have to wait till this clears the legal system and the lawyer notifies you that the Letter Probate is available. Let

Often the Lawyer will make themselves available to handle most of the affairs, but a good Administrator who is careful and responsible can do much of the necessary paperwork, with suggestions from their lawyer (and save a few dollars for the estate in the process).

In order to settle an estate account, the administrator should send in:

1) Notarized copy of the Letters Probate (contact the lawyer who did this for the estate) along with
2) Write a Letter of Direction signed by the Administrator(s) with signature(s) guaranteed.
- this will simply be titled Letter of Direction for the Estate of Joe Blow
- the address to whom the letter is directed
- include investment numbers, account numbers, the dollar amount
- who the cheque(s) should be payable to (i.e. cheque should be payable to the Estate of Joe Blow
- Address of where the cheque should be sent (usually the administrator's address would where the cheque can be sent) (if the lawyer handles it, and has the appropriate authorization, the lawyer can send the Notarized copy of the Letters Probate, and then the trust company will/can contact the Administrator (former Power of Attorney).
- Make a line for the Administrator to sign _______________
- Make a line for the guaranteed signature (bank
- Sign in the presence of guarantor (bank, financial organization, or lawyer)

3) Write up a Cover letter with the contact name and phone number and address of the estate's Executor/Administrator, and what you are attaching (Notarized Letters Probate and Letter of Direction, and any other attachments that may be needed)

4) It is also helpful to send a copy to the lawyer for the estate record.

There are various ways of writing Letters of Direction, but the most important thing is that the person who is the Executor should write up the document, and sign it in the presence of a qualified guarantor (bank, notary, etc.) as they are the official legal contact of the estate.

An Executor must be trustworthy and able to handle the affairs in a prompt and careful manner.

How do you get a grant of representation your father is deceased your mother is alive but you are dealing with the medical bills and doctors?

A grant of representation is a document issued by the Court which enables the person named in it to deal with the assets, debts and belongings of the deceased. It allows the money in banks, building societies etc. to be collected, property to be sold or transferred and debts to be paid. The process for obtaining the grant of representation is explained at the link provided below.

I want to change my executors in my will what can I do to make changes to the will?

If you wish to make a minor change to your will but leave the rest intact you can execute a codicil. A codicil is drafted in the same form as a will. You would state clearly the section you want to revoke and then state clearly its replacement.

Does Connecticut recognize tenancy by the entirety?

No. Connecticut no longer recognizes tenancy by the entirety. A deed to two persons as T by E will now create a joint tenancy which is a form of ownership that is subject to claims of creditors. See C.G.S. section 14-14a.

What does pcm stand for when used by the estate agents?

per calendar month, as opposed to a four week cycle starting from any date

Can me and my sibling rent out deceased mother's house that is deeded in her name only?

Your mother's estate must be probated in order for the title to the real estate to vest in her children. You are not the legal owners. Until you are the legal owners any rental agreement or lease agreement you sign will be unenforceable. Any insurance proceeds in the case of a fire or other loss would be paid in her name. You couldn't cash the check.

Do you need letters of administration?

You need letters of administration if the decedent had assets in his / her name that do not pass to heirs or beneficiaries by any other method and no other lesser means works. Other methods would include assets held in a joint tenancy with right of survivorship or in a bank payable on death account, life insurance for which the beneficiary designation is not the estate, retirement assets for which the beneficiary is not the estate. Other lesser methods in Texas can include an affidavit of heirship, which can suffice for real property, small estate affidavits, an application for order of no administration, or community administration. I can't speak to other states.

What happens when a married person dies and leaves no will?

Generally, when a married person dies intestate (without a will) any interest in property held with the spouse as joint tenants with the right of survivorship, or tenants by the entirety, automatically passes to the spouse. Any individually owned property passes according to the laws of intestacy. Those general rules govern non-community property. Property is distributed differently in community property states. See the related question below for a link to state by state intestacy laws.

What is a precatory trust?

An oxymoron. A precatory trust isn't a real trust at all.

Precatory trusts are more a name that a real type of trust category. These trusts are created by the use of precatory words (I wish, hope, desire, trust). The lack of mandatory wording (you will, must, etc) means no trust is really created.

Thus, isn't enforceable at law or equity.

To whom do you write the check for a funeral memorial?

When there is a funeral memorial and you would like to donate to the family, you can write the check out to the family name. You could ask the person who is in charge of everything of the name of the person you could write it out to.

When inheriting property when does the mortgage not go with it?

==One Answer== Inherited real property that is encumbered by a mortgage would be taken free of the mortgage IF the will also specified that the mortgage would be paid by the estate.

If one spouse dies the ther spouse automacilly receives home correct?

Depends which spouse was actually paying the mortgage/paid for the house. If the deceased spouse paid for the house in it's entirety, it is their choice (which they will state in their will) of who the house goes to. If they do not state, it will probably go to the other spouse unless another family member contests the decision (for example, if you'd just married the spouse, who has adult offspring, they would be entitled to challenge the decision of the house going to yourself).

If the mortgage/payment of the house was 50:50, it's not clearcut unless the deceased did leave their share of the house to you. (Although your 50% is still legally yours). If they wish to leave it to someone else, you can go to a court to contest the decision.

If the house was a gift, it depends which of you it was actually gifted too. Although being married to the spouse does usually protect your right to the house (unless you were responsible for their death).

In an irrevocable trust what is the fee for the trustee as he manages and disburses the trust to the beneficiaries in NY state?

It should be whatever the trustee's fee schedule is. It can be challenged if it is not reasonable. True - it vaires from zero to legal maximums...usually its defined in the trust or in law.

How long after death can a creditor present an outstanding bill against an estate?

That period varies from state to state. You would need to check the provision of your state laws.

What is the Maine executor fee?

There is no set Maine executor fee. It is up to the executor and the court to decide a reasonable amount for a fee.

Can you trust a swinger?

A person who defines himself as a swinger is telling you the truth about their sexual desires. Too many people keep that sort of thing so secret that the stress builds up and they have "secret" affairs.

I trust anyone who is willing to be real with me and not just politcally correct "nice".

Being "nice", saying only what is "socially correct" is a bit like faking orgasm. It benefits no one.

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To add to that, having had long expereince with "swingers", we found that swingers tend to be more open and honest on average than your average bear. There are always those people that are jerks, but in general most of the people we have met are genuinely good people. As a result of that expereince over the last decade or so we now only have swinger friends, 99% of which we are ONLY friends with too.