Estates

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.

Yes. Anyone with an interest in a decedent's estate can do so. An heir would be such an animal.

2008: $2 million; 2009: $3.5 million; 2010: no estate taxes, so not required; 2011 and thereafter: $1 million.

Texas law: if it is wholly in the testator's handwriting, the testator should just apply his signature, whatever that is. If it is not wholly in the testator's handwriting, it should bear the testator's signature and that of two witnesses, all of whom sign in the presence of each other. Or, it can be signed by someone at the testator's request in the presence of the testator and two witnesses. More is required to make it self proved, but a Will can be valid even if not self proved. You need to check the laws of your state to determine the requirements for executing a valid will.

Intestate means that the person died without having executed a will, or, the will cannot be found. In that case the estate is distributed according to the state laws of intestacy.

I'm not sure what you mean by "partial probate," but in Texas there are proceedings that involve less than opening an administration that could work. Among them, a small estate affidavit or order of no administration.

You would have to read the language of the power of attorney to determine whether that power is granted in the document. If so, then yes.

It is a deed. They take different forms, but it should contain the name and address of the grantor (the one conveying the property), the name and address of the grantee (the one receiving the property), a legal description of the property, and some "granting" language; i.e., language conveying the property from the grantor to the grantee; e.g., "do hereby grant, sell, and convey . . . ."

Some papers are more or less permanent, such as titles to property. Tax returns: I'd say seven years. Papers that are duplicated in the public records: it doesn't really matter, because you can always obtain copies from the public records.

If you are left money in a will then it is legally yours to do whatever you want with, including giving it away.

I am not getting my rent in time from my tenant who is a business man in Chennai for the last 20 years. I will get cheque from him after 4 or 5 months rent at a time. I can't say anything wrong about him. Because he always giving respect to me and telling that I am like his elder brother. He has not paid rent for the last 3 months from April'08.

They are made of clay.

According to the information at the link below- two years.

Generally, a will contest is filed when notice has been given that someone has petitioned the court to have the will allowed and appoint an executor. An executor is not appointed until the will is allowed. If there is some dispute as to the validity of the will an executor will not be appointed until the court makes a decision whether or not to allow the will.

So to answer your question, until the will is allowed by the court there is no executor. After the will is allowed and an executor is appointed, it's too late to contest the will.

Sometimes information becomes available after the will has been allowed such as a later will found. That is another category of court action.

Yes. Married people may hold property as tenants by the entirety in New Jersey. In an interesting development, this right, previously available to married couples only, is now available to same sex partners who have formed a civil union.

The New Jersey Supreme Court unanimously decided in Lewis vs Harris in 2006 that same sex couples must be given the same rights and benefits previously reserved for married, heterosexual couples. In a history-making recognition of social and cultural evolution the legislature promptly responded by passing the Civil Union Act that took effect on February 19, 2007.

The act provides that legal rights, benefits, protections and responsibilities that formerly applied to married couples or referred to "husband and wife" will now apply to couples in a committed same-sex civil union.

A MIDGET trust is a Medicaid Intentionally Defective Grantor Trust. Done "right", an irrevoccable trust will either pay taxes as its own independently existing entity, or the income taxes will be due and paid by the beneficiaries. A Grantor Trust is one which is created to provide benefits to someone else (the beneficiary), but the income from the trust is taxed to the person establishing the trust (the grantor). For a long time, that was a bad thing, because people put assets into a trust to benefit others often, and getting stuck with the tax bill wasn't a good thing. More recently, estate planning attorneys such as those at the American Academy of Estate Planning Attorneys realized that an Intentionally Defective Grantor Trust (i.e. a trust which is intentionally deemed a Grantor Trust by the IRS) could serve estate planning goals. Such an IDGET (or IDGT) lets the Grantor preserve the assets they put into trust for someone by having the Grantor pay the taxes instead of their beneficiary or the trust for their beneficiary. This also serves to decrease the size of the Grantor's remaining estate which can be subject to onerous Federal Estate Tax and other death taxes later. Finally, the Medicaid portion of this term (In California, the 'M' is for Medi-Cal) refers to the use of this trust vehicle to encompass assets the Grantor places into the trust to protect them from a claim by the state Medicaid authorities for reimbursement for Medicaid (often Nursing Home/Long Term Care) benefits, or to increase the Grantor's eligibility for such benefits. Any member of the American Academy of Estate Planning Lawyers should be able to assist you with such an issue. My practice is in Pittsburgh as The Estate Planning Centers at The Coulter Law Offices LLC. Please remember that this is a general discussion only, and is not intended as legal advice upon which anyone should rely. Moreover, I'm typing this reply off of the top of my head as a courtesy, not as a researched answer to your situation. You should consult with a lawyer or appropriate professional regarding you own specific facts and circumstances.

Your being on the joint account allows you to withdraw the funds not cash your father's checks. You should inquire at the local probate court to see if there is some type of petition you could file to obtain the power to cash the checks. You may have to file a petition for administration that will list all his heirs at law and provide them with notice of the petition. When that is allowed and an administrator appointed, the court will provide letters testamantary that will enable you to act on behalf of the estate. You could also ask the bank what documentation they would require for you to be able to cash the checks. You should act quickly before the checks expire.