Wills

A will is a legal statement detailing the transfer of property and belongings when a person dies.

1,654 Questions
Divorce and Marriage Law
Wills

What rights does an ex-wife have to ex-husbands property if she was not in his will or the executor of his will?

The ex-wife has no legal interest in her ex-husband's property unless she was specifically mentioned in his will with an acknowledgment the gift should be given even after a divorce. The divorce severs the legal relationship enjoyed by people who are legally married.

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Shopping
Ethiopia
Currency Conversions
Wills

How much is 100.00 worth in ethiopian birr dollars?

100 U.S. dollars is worth 1724.52 Ethiopian Birr.

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Estates
Probate
Wills

Michigan's decedents heir entitlement law?

You can read the Michigan law regarding intestate distribution at the link below.

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Estates
Probate
English Spelling and Pronunciation
Wills

Is there any way to get a executrix executor removed from that position if causing trouble?

Yes there is. An Executor (male) Executrix (female) who is doing a poor job or cheating or stealing from the said property of the deceased can indeed be taken off the Will, but you will have to see a lawyer about this and prove it. Be very careful with this accusation and learn about Probate, and what the duties of an Executor/Executrix. You can find out by going on www.google.com and asking "What are the duties of an Executor regarding a Will?" Here is a quick scan over what their duties are (I've done it.) For instance, if there are 2 or more heirs in the Will, they can vote re ousting out the Executor/Executrix. **If the heirs are the children of the deceased they have the right to go onto the property and retrieve any personal effects of their parent(s). The Executor/Executrix cannot stop this! DUTIES OF EXECUTOR/EXECUTRIX Once the person is deceased the Executor/Executrix has the right to pay off things like funeral costs, etc., and small bills such as Hydro, electricity, phone, cable, outstanding charge card balances, etc. However, they MUST KEEP RECORDS! Then the Will goes to Probate. Probate makes sure that all house/personal taxes are paid as well as any other outstanding debts such as mortgages, back taxes on home/property, etc. If the Estate is small to average the Executor/Executrix has the right to either do this on their own (you can get the forms) and it's much cheaper and usually quicker than a lawyer doing it and not as hard as lawyers would have you believe. If the Executor/Executrix decides to this they have to account for everything in the said Will and ALL expenses they have had since that person's death. The Executor/Executrix can sell the home, but should give the heirs a chance to decide if one of them wants to buy that house or property outright. Once the house/property is sold that money goes back into the Estate and divided according to the wishes of the deceased. The Executor/Executrix can also sell a car, motorcycle, boat, etc., but, if one of the heirs would like to buy it they should have that option and proceeds go back into the Estate to be equally divided by the said heirs. THE EXECUTOR/EXECUTRIX CANNOT CHARGE GAS, USE ANY MONEY FROM ANY ACCOUNT OF THE DECEASED FOR THEIR OWN PERSONAL GAIN ... SUCH AS BUYING SOMETHING FOR THEMSELVES. In some Wills a person will leave anywhere from 2% - 5% or possibly more of the entire Estate to the Executor/Executrix for their time and effort. If it isn't stated in the Will, the heirs don't have to give them anything, but should if they feel a good job as it can be time consuming processing a Will. Usually 3% is fair, but depends if it's a small or large Estate. I would highly suggest you see your lawyer. Good luck Marcy * Probate laws differ in each state. Therefore not all such acts noted are legal in all US states. For example, in many states no property regardless of what the item may be can be taken, sold or distributed until permission is granted by the probate court. In other states any property that is exempted from probate can be distributed to family members or heirs as it is not subject to creditor action in case of outstanding debts. In most US states the only way an executor, executrix or personal representative can be removed is by a bringing suit in probate court charging said persons with misappropriation and mishandling of the estate. Removing a fiduciary is damaging to the estate and is rarely allowed by the court. And of course the accused party has the right to defend themselves and so on and so forth, in other words it is time consuming and usually very expensive. This is the reason it is not prudent to waive bonding of an executor or executrix even if the grantor prefers to do so.

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Wills

Is an executor responsible to an inheritor to fincancil records of the deceased?

The executor is responsible to the court. Anyone with an interest in the case can present his concerns to the probate judge. The executor does not owe anyone anything. No one can tell the executor to do anything. If the probate judge instructs the executor to give you a copy of the report, you will get a copy of the report. If you do not present your concerns to the probate court, you are Sadly Out of Luck.

656667
Retirement Planning
Statutes of Limitations
Wills

How do you contact national health and welfare retirement association Inc?

I have found a policy that was in my friends name. I want to know if it is still in effect and if any benefit is due her estate?

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Estates
Wills

What happens when someone passes away and there are no family members of the person who has died?

The state or province would provide the burial or cremation and any property would escheat (pass) to the government.

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State Laws
Wills
Common Law Marriage

If you had written a Will under your old last name and then you entered into a common law marriage would you need a new Will?

Yes as that is no longer your legal name

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Law & Legal Issues
Wills

How much does it cost to put a caveat on a will?

If you add it yourself (good idea to have it witnessed) it costs nothing. If you have an attorney prepare it they may charge you a one-time fee OR, if your attorney also happens to be the wills trustee, they may do it gratis as a service.

596061
Probate
Wills

What is the timing of a trust disbursement after death?

Every trust is unique to the document that created that trust. You need to review the trust document for your answer.

Every trust is unique to the document that created that trust. You need to review the trust document for your answer.

Every trust is unique to the document that created that trust. You need to review the trust document for your answer.

Every trust is unique to the document that created that trust. You need to review the trust document for your answer.

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Estates
Probate
Wills

How can I get a copy of my mother's will?

Ask the Executor for a copy. Added: If your mother has not yet died, neither you, nor anyone, is legally entitled to a copy of it, unless she wants to give you one. If your Mom is deceased, see Answer #1, OR- go to court and ask to see a copy of the probate file concerning her estate.

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Estates
Probate
Wills

How do you change an executor of a will if he is unwilling to serve?

The appointment of an executor is initiated by the initial filing of the probate of the estate. You can state in the petition to have the will allowed that the named executor is unwilling to serve and then you can name another person who you want to be appointed. The court will appoint that person unless objections are made.

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Probate
Wills

How old do you have to be to make a will?

You have to be 18 or whatever age a person becomes an adult according to the laws of the state the will is being made in.

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Wills

Can you get a loan on an inheritance that has gone into a trust that is in my name?

* Yes, but only with legit firms like Heir Advance Co., who's been around for 20 years, you can get a loan or "assignment" on your inheritance, whether it be in trust or probate. Make sure that the trust or probate loan provider you deal with has years of proven niche Inheritance lending experience. * This is a precarious situation you must be in to need the money that quickly. The answer to your question is "yes", but, like anything else it comes at a price. Unless the inheritance is huge, it probably won't be worth your time. People would love to take advantage of you at this great time of need. == == * Some financial organizations handle advanced cash transactions when they qualify as structured settlements. An inheritance is not considered as such, the reason being any person named as a beneficiary in a will is not guaranteed they will receive the assigned assets or even a portion thereof. Beneficiaries of wills do not receive monies or property until all assets are accounted for and all debts are paid from the estate via state probate procedure. There is also no assurance that a will may be contested, thereby tying any inheritance up in court for years and the outcome being all monies and property were consumed by legal fees.

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Estates
Wills

Can an executor sell a vehicle to a family member if all heirs agree the vehicle is not in the Will?

Yes. Before they can act an executor must be appointed by the Probate court. Once appointed they have the authority to settle the estate of the decedent. The estate includes the property distributed in the Will and property not included in the Will or what is called the residuary estate. The executor needs no permission or consent from the heirs. If the heirs disagree with decisions made by the executor they can file an objection with the court and a judge will review the matter.

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Debt and Bankruptcy
Estates
Deeds and Ownership
Wills

How does being a trustee on a parent's irrevocable trust affect Chapter 7?

It should have any impact unless you are a beneficiary of the trust.

565758
Deeds and Ownership
Wills

What are the points to be kept in mind while preparing the documentation for acquiring the house held jointly?

You should consult with an attorney who can review your situation and needs and explain your options. The attorney can explain the consequences of the various survivorship tenancies available in your jurisdiction. The main factor is who gets the property when one owner dies. However, there are other aspects to be considered.

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Estates
Probate
Wills

How do you find out if you have been left anything in a will i have moved house recentley but i have been informed that a close friend left me something in their will.?

Most (if not all) states require a will to be filed with the clerk of the court in the county where the decedent lived. Once the will is filed, it becomes public record and anyone can request a copy.

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Law & Legal Issues
Estates
Probate
Wills

What happens to a will if there is insufficient money to meet a bequest?

The answer depends on several factors and state laws vary.

The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.

If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.

The answer depends on several factors and state laws vary.

The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.

If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.

The answer depends on several factors and state laws vary.

The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.

If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.

The answer depends on several factors and state laws vary.

The cash gift could be funded by other assets in the estate. If there is property in the residuary estate that could be sold, such as real estate, most jurisdictions would require it to be sold to pay the specific cash bequests. Specific bequests have priority. Some states require the bequests be prorated or reduced in proportion. The executor can request guidance from the court.

If there are no assets the estate can be deemed insolventby the court and the executor will not bear responsibility for not paying over bequests.

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Estates
Wills

What constitutes an estate in wills and probate?

All of the assets belonging to the deceased. That would include all property rights, personal belongings, money and investment instruments. The Executor also has to include all gifts given in the last two years prior to death.

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Wills

Can the executor of a will remove property from the house of the deceased?

Yes if it is for safe keepi

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Wills

Need to find someones last will and testament how do you do it?

What if an older sibling tells you that you were written out of will but it was hand written. When parent dies would I still be at reading of will? How would I know when that would happen?

212223
Law & Legal Issues
Probate
Wills

What happens to my house when I die?

It will be disposed of as you dictate in your will. If there is a mortgage on the property, it will have to be resolved before anyone can inherit it. In many cases it must be sold.

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Wills

If both parties die in a life estate who gets the property?

The remainderman is the person who gets it. If the remainderman is no longer living, the property will follow the will or the intestacy laws.

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Law & Legal Issues
Court Procedure
Wills

What happens to a deceased person's property if they have no Will or relatives?

The property will be distributed according to the laws of intestacy for that state or country. If there are no natural heirs, the government gets the property.

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