A remainderman is a person who inherits or is entitled to inherit property upon the termination of the estate of the former owner.[1] Usually, this occurs due to the death or termination of the former owner's life estate, but this can also occur due to a specific notation in a trust passing ownership from one person to another.
Dr.L.Sindhuja graduated from Madras Medical College-Chennai, completed MD Paediatrics from Postgraduate Institute of Higher Education and Research, Chandigarh, one of the apex training institutes in Asia and DM Neurology from the prestigious Institute of Neurology, Madras Medical College. Additional qualifications include Fellow of European Board of Neurology and MRCP(UK) Speciality certification in Neurology. Also best for Neurologist in and around Ambattur at Chennai.
visit our website: saiishaclinic .com/neuro
Can you buy a property of a deceased person that has no executor?
You have to buy the property from someone. And the only person that can sell it is the executor.
Is common law wife always next of kin?
No, being a common law wife does not automatically confer the status of next of kin. Next of kin typically refers to a person's closest living blood relatives, such as a spouse, parents, or siblings. However, the legal recognition of common law relationships varies by jurisdiction, and in some cases, common law spouses may be granted certain rights and responsibilities similar to married couples.
Can an executor of an estate be forced to sell stocks?
If the stocks are part of the estate's assets and there is a legitimate reason for selling them, such as to pay off debts or distribute assets to beneficiaries, then yes, the executor can be required to sell the stocks as part of their responsibilities. However, the specific requirements and circumstances may depend on the laws governing estates in the relevant jurisdiction and the terms of the will or estate plan. It is advisable to consult with a probate attorney for guidance in such situations.
How long does an executor have to sell a house and distribute funds to heirs in Virginia?
In Virginia, there is no specific time frame set by law for an executor to sell a house and distribute funds to heirs. However, it is generally expected that this process should be completed within a reasonable time, which can vary depending on the complexity of the estate and any potential legal challenges. Executors should act with diligence and handle the process in a timely manner.
How long does an Executor have to settled an Estate in New York?
In New York, an Executor typically has up to six months to settle an estate. However, this timeframe can vary depending on the complexity of the estate and any unforeseen circumstances. It's generally advisable to consult with an attorney experienced in probate matters to ensure compliance with all legal requirements and to navigate the process efficiently.
Do you need an executor of estate form for a deceased parents medical records?
No, you do not need an executor of estate form specifically for accessing a deceased parent's medical records. Most states have laws that allow the next of kin or a designated representative to request and access the medical records of a deceased individual. However, you may need to provide proof of your relationship and may be required to fill out certain forms or provide documentation to the healthcare provider or institution. It is best to contact the healthcare provider directly to understand their specific requirements.
What to do when nobody was named as executor in heir estate?
If nobody was named as an executor in someone's estate, you should check the local laws and regulations regarding intestate succession. In most jurisdictions, the court will appoint an administrator to handle the estate. This is usually a close family member or a professional. Consult with an attorney who specializes in estate law to understand the specific steps and requirements in your jurisdiction.
How can you obtain copies of wills in new york state?
If the will has been filed with the court, petition the court at the office. It usually will cost duplication fees. If the individual is still living, you cannot.
Can a parent just come and demand to be the executor?
They can name you as the executor when their will is drafted. However, you are under no obligation to serve. When the will is eventually filed in probate you only need to sign a declination and the court will appoint an executor.
Where can I find a Employer's state Identification number?
I presume the reason you need this is to e-file.
Do yourself a favor and just print out the return on paper and mail it in. Include the W-2.
Otherwise, you'll need to contact your employer for that information. Or you can call someone else who worked for the employer and ask if they see it on their W-2.
But with the deadline fast approaching, consider just mailing in your return. Or mail in an extension (pay the balance due with the extension) and finish filing when you get the missing information.
Can you refuse to act as executrix if you did not give your consent to the deceased?
You can decline to serve as the executor. The court will appoint someone else to do so.
What happens when the two executors of a will denounce their roles as executors?
The remaining executor can submit a resignation to the court and request that a successor be appointed.
What if there is more than one last will and testament?
The most recent will shall be considered the correct one. In some cases, silence in a new will on a specific subject may lead to using portions of an old will.
Can an executor charge beneficiary for duties?
It's both reasonable and customary for executors to receive some compensation for their services, particularly if they're not close family or friends of the deceased. Normally they wouldn't bill the beneficiary, they'd simply deduct their fees and expenses from the proceeds of the estate.
Executor's fees are set by statute in most jurisdictions.
How do you become the executor even though one is named?
The named executor can file a declination and you can petition the court to be appointed in their place.
The named executor can file a declination and you can petition the court to be appointed in their place.
The named executor can file a declination and you can petition the court to be appointed in their place.
The named executor can file a declination and you can petition the court to be appointed in their place.
Can executor sell personal property?
The sale should have court approval. The executor needs to request a license to sell from the court and will need to disclose the name of the buyer and the price. The beneficiaries will be notified of the petition for a license and will have the opportunity to object. If you have objections you must make certain you appear on the day proclaimed in the notice. The court will hear objections and render a decision on whether to issue the license to sell or not.
How much to charge for expenses as executor?
While I am not sure what you mean by "cost to become an executor of the estate," you might find this information useful on the cost to open an estate.
To be appointed as executor or administrator of the estate (executors serve is there is a will, administrators serve if there is no will or no named executor,) you normally need to be appointed by the probate court. The exact procedure depends on the state where the estate is probated.
This means that you will need to pay a filing fee and might need to post bond (this provides insurance if you skip out with estate funds.) In California the filing fee runs $435.00.
You will probably also need to publish notice in a newspaper, this varies depending on the paper where you publish. In my geographical practice area, the publication runs $100 - $200.
And of course, there is the attorney to assist you and represent you in court. Again, how and how much the attorney gets paid depends on the laws of your state. Here in California, my fee for ordinary services are set by statute (law.) I only get paid after the probate court approves my fee, generally at the end of administration.
And, since you are not the executor yet, you cannot use the estate's funds to start the process. Most attorney's require an advance of costs (filing and publication fees) to get started.
OK, so now the good news. In California at least, any funds you spend on opening the probate is considered a "cost of administration." This means that the estate will pay you back before any other creditors. You will need to wait till the estate closes, but you will get the funds back (no interest though.)
What does it mean to be the executor and a heir?
It means they are responsible to administer the estate. They will also receive some of the estate as an heir.
It can be challenged by any natural heir. Anyone named in the will also has standing.
Can you see a will before death?
I guess you can. If the person that made the will authorize you.
Additional: Essentially the above answer is correct, but with the emphasis on the fact that you have NO LEGAL RIGHT to see a person's will prior to their death without their permission.
If the executor of an estate does not follow the will how long do you have to do something about it?
I do not know the exact answer to your question, however, I always go to the local courthouse and ask the clerk of courts. In my area (massachusetts) there are lawyers who volunteer their sevices free. Each day there is a different lawyer on hand to answer your questions and it is free.
If you go make sure you have as much information as possible...like
1. How do you know there is a will?
2. Who has control of the documents?
3. What is the relationship of the deceased to you?
4. Why do you think you have a claim on the estate?
5. Is there a lawyer involved with the execution of the will?
6. Who is keeping you from seeing the will and getting what you believe has been willed to you?7. Has the will been probated yet? Where?
There will probably be more questions for you but only someone who is legally qualified to give you that info is legally allowed to answer you.
A former editor of Fortune Magazine said, "Laws are made by lawyers, for lawyers, with no regard for anyone else." After seeing the clerk of courts you might try a para-legal but you may have to get a lawyer anyway.
These are only suggestions because I am not a lawyer and do not give legal advice. All I related to you is what I would try if I was going through the same problem you are asking about. If you want to copy me... that is your choice. Good luck.