Estates

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 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.

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.

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.

nothing will happen

Yes, you can disinherit a child by will. If there was no will, the child would take equally with his siblings via intestacy.

You would be the executor if you were appointed as such by the probate court. Simply being nominated in a Will isn't sufficient. It means that you are the person who is charged with the fiduciary duty to classify and pay debts, file appropriate tax returns, and ensure that assets get distributed to the beneficiaries under the Will.

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.

Unlimited.

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.

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.

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.

==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.

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.

Generally the taxes are paid by the estate.

Yes, this is included in the IRC's very broad definition of "income".

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).

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.

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

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

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.

___

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.

The cabin became part of the real estate when it was constructed on your husband's individually owned land. Unless he specifically grants that property to you in his will his children may inherit an interest with you under the laws of intestacy in your state. In order to protect your interest, if he wants to do that, he should convey that property to you and himself as tenants by the entirety or as joint tenants with the right of survivorship.

Yes, the moment the owner of the policy changed the beneficiary and signed the form, the intent was made. Some companies will honor the change based on the postage date, others will honor it based on the receipt in home office and still others life Fraternal companies will honor it upon receipt and approval from the board. Regardless, the owners intent was clear when he signed the form so you should not be trying to go against his wishes.