Can you add yourself to your fathers bank account since you have power of attorney?
Yes, you can do that. Power of attorney actually gives you limitless powers to act on your fathers behalf. So, since your father can add you to his bank account if he wants, you being the one with his power of attorney you can do the same thing, you can do anything you want on behalf of your father and it is perfectly legal.
If the estate includes any assets that are in your father's name alone then his estate will need to be probated. If that is the case, you and your mother should arrange a consultation with an attorney who specializes in probate who can review the situation and explain your options.
What are the executor fees in Oregon?
The Executor is entitled to 7% of the first $1000 in probate assets. Then that goes down to 2% for all probate assets over $50,000. The Executor is also entitled to 1% of all the non-probate assets. Although, as always, there can be variants to that based on the circumstances.
You will need to file in The county in which he lived. Any lawyer will be fine as long as they handle this type of case. It is fairly easy to do as I did with my father. The lawyer should handle all details of this process.
Can the court require an executor to repay legal fees for removal of another executor?
First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.
First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.
First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.
First, there must be a good reason to request the removal of the original executor and the appointment of the successor. If the first executor committed failed to perform their duties according to the law and/or caused a waste of the estate assets the court could order them to reimburse the estate.
Yes
Can an heir take a loan on an estate before probate is closed?
Absolutely!
Few people know that it takes an average of 15 MONTHS for an inheritance to pay out to heirs. If you are waiting to receive an inheritance, you can receive an inheritance advance in as little as 5 days. There are no restrictions on how an heir can use this money and the cost and advance are paid back directly from the estate. There are no monthly payments, credit is never an issue, and the process is simple and painless.
If you search Google, Yahoo, or Bing for "inheritance advances," you'll instantly find companies that deal solely in Inheritance Cash Advances.
Yes, the property will stay in the estate to be distributed according to the will. Her part will be treated as not being there and the remainderman will get it.
How long is the time frame after someone dies can you settle estate in Montreal?
There is no specific time frame it will depend on how complex the estate is in Montreal. The estate has to be inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.
What does the word revocable mean when a living trust is set up that way?
It means that the trustor, or maker of the trust, retained the right to terminate the trust and recover the trust property. That type of trust has tax consequences for the trustor and may leave the property exposed to creditors.
An irrevocable trust takes all power over the property out of the trustor's control and out of her/his estate.
Sister is misbehaving and abusing her authority. She should return any property she took and the assets should be distributed according to the terms set forth in the will. Her behavior should be reported to the court.
You need to review the trust document for the answer to your question. It should contain a provision for distribution of the share of a deceased beneficiary. If the trustee has died a new trustee needs to be appointed to make the distribution. The trust document should also have provisions for the appointment of a successor trustee.
Is there a statute of limitations to contest a will after probate in Tennessee?
There is and generally it is pretty short. Each state has its own statutes of limitation or court rule stating the time limit for contesting a will after being admitted to probate. You must look into that state's laws or court rules for the definitive answer.
How do you find out if you are the benefactor of a life insurance policy of someone who has died?
The National Association of Insurance Commissioners has a "Life Insurance Company Location System" to help you find state insurance department personnel who might help identify companies that might have written life insurance on the deceased. NAIC's Life Insurance Company Location System - five questions, using your best guess if necessary, then click on the 'Create Suggested Contacts' link to view a list of State Insurance Departments that may be able to assist you with your search. - (external-apps.naic.org/orphanedpolicy)
Here's an authoritive article on this subject
I used this service and got results in seven days: www.policylocator.com for $75.00
Have the owner or insured contact the company and ask.
Simply contact the insurance company and ask for the claims department. Explain to them the situation and they can tell you who the beneficiary is. They will be happy to settle a claim for you in most cases! You may also want to check and see if there is an agent listed as a contact within the paperwork you have and start there. Good luck!
Life insurance is a private transaction, the only people who need to know this information are the owner of the policy, the life insurance company, and the executor of the estate (if deceased).
The best way to find out is to ask the owner of the policy. If the life insurance company tells you, they are violating part of the trust the owner has in them. In fact, even if the insured/owner is recently deceased, companies should not confirm the beneficiary until after they receive a death certificate because any stranger could call up and ask.
How do you end a life estate after tenant goes to nursing home?
You can have the tenant quit claim their rights to the property. Or sell the life estate to the remainderman.
Yes.
No. First, the POA must be a Durable POA, executed when the principal was competent, to continue after the principal has become incompetent. If that is the case, the court must appoint a guardian if the AIF can no longer serve. Also, if the family or some other adult petitions for a guardianship of an incompetent person and the guardianship is approved- the POA is automatically extinguished.
No. First, the POA must be a Durable POA, executed when the principal was competent, to continue after the principal has become incompetent. If that is the case, the court must appoint a guardian if the AIF can no longer serve. Also, if the family or some other adult petitions for a guardianship of an incompetent person and the guardianship is approved- the POA is automatically extinguished.
No. First, the POA must be a Durable POA, executed when the principal was competent, to continue after the principal has become incompetent. If that is the case, the court must appoint a guardian if the AIF can no longer serve. Also, if the family or some other adult petitions for a guardianship of an incompetent person and the guardianship is approved- the POA is automatically extinguished.
No. First, the POA must be a Durable POA, executed when the principal was competent, to continue after the principal has become incompetent. If that is the case, the court must appoint a guardian if the AIF can no longer serve. Also, if the family or some other adult petitions for a guardianship of an incompetent person and the guardianship is approved- the POA is automatically extinguished.
Is a non biological non adopted child entitled to an estate?
Since this is the adoption category I assume you mean not the biological grandchildren but foster kids who have never been adopted. And no, they have no right at all to anything their foster family leaves behind unless they are mentioned in the will.
If you mean biological children they inherit their parents who in their turn inherit their parents, your grandparents. So unless the grandchild is mentioned in the will or the parents are deceased, the grandchild will not inherit the grandparents.
Did she have a will? It may not be yours. If there is a will, it has to be probated and the named executor appointed. If there is no will, then an administrator from among the appropriate heirs has to be appointed. The executor/administrator receives documents from the probate court attesting to that person's authority to act for the estate. The executor/administrator takes those documents and a death certificate (and any other things the bank wants) to the bank and arranges to withdraw some or all the funds. The bank will issue a check payable to the estate of your mother not to you or anyone else directly.
If there is no will what happens?
Dying without a will is called "intestacy." The intestacy laws of your state will apply. These laws vary from state to state, but they generally decide who gets what, based on the heirs' relation to the testator (the deceased).
Is probate of will compulsory?
Probate of the will is compulsory if the decedent died owning real property. The will must be allowed by the court and an executor must be appointed for the title to the real estate to pass to the devisees.
Probate is a certified copy of a will so proved, so when some one dies and leaves you money, assets or property, you would pay Inheritance Tax which is generally paid out of the Estate before you receive the inheritance. There are three types of Tax, Income Tax which is interest earned on money, dividend paid on shares and rental income on property. Next, you may have to pay Capital Gains Tax if you sell, give away or exchange an asset and its gone up in value since the date of death, Next Inheritance Tax which comes out of the deceased's estate before the inheritance is passed on. Inheritance Tax is only paid on the deceased's estate if the value exceeds £325.000. For further information refer to documents issued by HM Revenue and Customs
If there is no signed Will (do a search on it) then there is no probate unless this person owns property or has accounts. A search will be done anyway. If there is no note with a date, signature by the deceased as to his wishes re personal effects, truck and motorcycle then this will not stand up in a court of law. It's "verbal heresay." Life insurance can be used to pay off any outstanding debts of the deceased (but seldom is .. check with the Insurance Company.) If the truck and motorcycle were promised to someone such as yourself, then (I shouldn't say this) take it as long as there are no siblings or other relatives that may want it. The elderly will often give away jewelry, etc., to their children long before they pass away and that is legal and a wise thing to do. Verbal heresay holds no bearing and this can often cause big fights in families. Sometimes the elderly get confused and will promise a car, property or expensive jewelry to one of the children or even a friend, then later forget and promise it to someone else. There isn't much you can do about this. In the majority of states when a person dies intestate (w/o a valid written document), ALL property not specified as exempt under state probate laws must be entered into probate proceedings. Before disposing of any assets or real property you need to consult the state statutes or a better option would be to speak with a qualified attorney. This is especially important if the deceased had outstanding debts, by law creditors have the right to file a claim against any and all property left by a deceased that is not protected in accordance with state statutes. If family members take or sell any nonexempt property without the approval of the court they may be held responsible for repayment of any debts owed by the deceased. Property that was given before his death obviously is not affected by probate or other state laws. Additional information: There would be serious consequences regarding the real estate: it could never be sold because the title did not pass legally to the heirs. That is accomplished through the administration of the estate duly allowed by the appropriate court.
Does an independent administrator who is paid a fee for an estate have to pay taxes on that fee?
Taxable gross income includes professional fees paid to you.