Estates

An executor is the term used for the person who has been appointed by a court to settle an estate. The person who can act for a trust is called the trustee. You should review the terms of the trust for provisions as to when the trust property must be distributed. If you think the trustee is not distributing the funds in a timely manner you should file a complaint with the court where the estate or trust was filed.

By assignment. If it is a publicly traded company, you contact the company's transfer agent for the appropriate forms. If it is not publicly traded, a simple assignment will do. You should also notify the company secretary.

If you co-signed a promissory note and the other co-signer died the creditor will expect you to pay the debt. You can try to file a claim against the estate of the dedecent for half of the amount owed. However, if unsuccessful you will be responsible to repay the full amount due.

The name is derived from the Latin 'aprilis', either from the Latin word 'aperire' which means 'to open', probably a reference to growing plants in spring, or from the Etruscan name 'Apru' for 'Aphrodite'. In the Roman calendar, April was the second month but following Julius Caesar's reform, it became the fourth month.

Yes. There is no requirement that it be publicly recorded or disclosed. ==Clarification== In some cases a trust becomes public. A testamentary trust becomes open to the public when the estate has been filed for probate. In that case the public has access to the probate file so anyone can discover the extent of the property in the trust and the beneficiaries. In a non-testamentary trust the trust may become public if the trust owns real estate. In some jurisdictions a trust that owns real estate must be recorded in the land records. However, in that case the beneficiaries are not named only the trustees, the trustor and the property.

If you don't want to be the executor, you can always refuse the assignment. Make sure to speak with the person writing the will or legal document and state your refusal in writing.

It depends on the terms of the trust. If the terms permit it, and the trustee agrees, yes. If not, and/or the trustee does not agree, then no.

If you conveyed your property and retained an enhanced life estate you could release your interest in the property by executing another deed to the grantee that releases all your right, title and interest in the property, including the life estate you reserved in your prior deed. That deed should be drafted by an attorney who specializes in real estate in your jurisdiction and recorded in the land records. Any deed that conveys an interest in real property should be drafted by a professional.

No. The executor dos no have the authority to distribute the estate according to their personal wishes. They must follow the provisions in the will and state laws. There may be a provision in the will for the distribution of the share of a deceased beneficiary. Otherwise that portion will pass under the residuary clause in the will or according to state laws of intestacy. You should contact the attorney who is handling the estate.

You can also visit the probate court and ask to see the file if the will has already been filed for probate. You can read the will and make a copy if you wish.

Your power of attorney was extinguished when your last parent died. Unless you were a co-signer on their debts, ordered goods or services for them or benefitted from the amounts due (utility bills if you lived with them, for example) their estates are responsible for their debts. If there is no estate the creditors are out of luck.

In a living trust, the phrase 'dtd' stands for dated. It is very important to have the proper date that the trust effective for.

Not filing a will doesn't make the will invalid. Rather, it leaves the assets of the decedent in legal limbo. Until the will is filed and an executor is appointed by the court a two part problem exists:

The will has not been proved to be the last will and testament of the decedent.

No one has the legal authority to distribute the assets of the decedent.

It depends, but could be 1% of total estate and you can petition the courts to have the trustee removed if you suspect misusing of funds.

You can report the behavior of the executor to the court and request they be replaced. The executor should be available to the beneficiaries and should provide answers to any questions about the execution of the estate. If they will not distribute the proceeds they should provide an explanation. Perhaps it is too soon. If so, they should explain the timetable for distribution. You should call the attorney who is handling the estate for an explanation.

If your father owned real estate in his own name when he died you must present the Will to probate court to have it allowed and to be appointed the executor. That is the only means by which the title to the real estate can be legally transferred to you. Also, if he had bank accounts in his own name, your appointment as executor will provide legal access to those accounts. If there is a simple estate involved perhaps the court staff will assist you in filing the documents yourself. If more complex then you should seek the advice of an attorney.

In order to contest a will, one will need to hire an attorney. There will be a process to follow and the will must be scrutinized in order to proceed with protesting.

A person who has been granted a Power of Attorney may not make changes to a will. Generally, a POA enables the agent to handle the day-to-day affairs of the principle and perform the following tasks although other powers can be specifically granted. Perform banking transactions Handle transactions involving U.S. securities Buy and sell personal property Purchase life insurance Settle claims Enter into contracts Exercise stock rights Purchase, mortgage, manage and convey real estate File tax returns Handle matters related to government benefits

A POA usually doesn't give permission to auction off possessions before a person dies. There might be a Will involved or a relative is supposed to get a certain item. The only reason to auction is if the person is in a rest home or living somewhere else.

How did you get possession of the truck? If it was devised to you by will and the will was allowed then obtain a certified copy of the will and decree and submit it to the Registry of Motor Vehicles to retitle the truck in your name. If that doesn't apply, you will need proof that the title passed to you through some legal process. You would need a bill of sale from whoever inherited the title to the vehicle legally.

Perhaps there is a form available at the court where the probate was filed. If not, explain your claim in writing, clearly, with any supporting documents, and file it with the court.

If you have questions you should call the attorney who is handling the estate. The attorney is being paid a generous fee to handle the estate and should be willing to answer any questions from the beneficiaries and explain the legal timetables for sale of real estate and filing the final account.

No. A parent does not automatically become a child's legal representative in matters of inheritance. The court must appoint a legal guardian to control the minor child's inheritance in the best interest of the child. The parent may petition to be appointed but the court will make the decision after examining the child's situation.

It is only the entities who are involved in the Testator's life that can contest a will. When the will is contested, the due legal proceedings will have to be followed.

Many large law firms accept payment by credit card but there is no rule as such. You would need to call law firms in your area to make that determination.

Generally, inheritance taxes are paid by the estate. However, under present federal tax laws estates under $2M are not taxed. There may be state inheritance tax consequences but those limits are also high and if taxes are due they are paid by the estate.