Yes. For clarification, the person who is owed the money in a mortgage transaction is the mortgagee and the mortgagee owns the mortgage. If the mortgagee dies the mortgage is included in their estate as personal property. The mortgagee can make provisions in their will regarding a mortgage they own. The balance on the debt due can be inherited by their heirs or the mortgagee can forgive the mortgage in their will. If there is no will then all the rights under the mortgage pass to the heirs at law under the state laws of intestacy when the decedent's estate is probated.
Yes. For clarification, the person who is owed the money in a mortgage transaction is the mortgagee and the mortgagee owns the mortgage. If the mortgagee dies the mortgage is included in their estate as personal property. The mortgagee can make provisions in their will regarding a mortgage they own. The balance on the debt due can be inherited by their heirs or the mortgagee can forgive the mortgage in their will. If there is no will then all the rights under the mortgage pass to the heirs at law under the state laws of intestacy when the decedent's estate is probated.
Yes. For clarification, the person who is owed the money in a mortgage transaction is the mortgagee and the mortgagee owns the mortgage. If the mortgagee dies the mortgage is included in their estate as personal property. The mortgagee can make provisions in their will regarding a mortgage they own. The balance on the debt due can be inherited by their heirs or the mortgagee can forgive the mortgage in their will. If there is no will then all the rights under the mortgage pass to the heirs at law under the state laws of intestacy when the decedent's estate is probated.
Yes. For clarification, the person who is owed the money in a mortgage transaction is the mortgagee and the mortgagee owns the mortgage. If the mortgagee dies the mortgage is included in their estate as personal property. The mortgagee can make provisions in their will regarding a mortgage they own. The balance on the debt due can be inherited by their heirs or the mortgagee can forgive the mortgage in their will. If there is no will then all the rights under the mortgage pass to the heirs at law under the state laws of intestacy when the decedent's estate is probated.
They want someone to execute the terms of the will. By choosing they may be able to reduce the costs to the estate.
There are only two choices here. One is to buy it from the estate for the fair market value. The other is to sell it and split the money. The other beneficiaries don't get a choice in the matter.
It varies greatly based on the size of the estate and the number of assets. A small estate can be resolved in less than 6 months. There are very large estates that are still in probate after several decades.
Trust comes with time. It's only a foolish person who is drawn-in by a smile, loving words and promises. Take it slow and easy and get to know each other. Even the best of chameleons can't hide their true selves forever. Find someone that is fun to be with. Is good to you, keeps dates, gets along with your family and friends and is tentative to you, but not suffocating. Someone that likes to spend their weekends doing things with you. Takes you out to movies, clubs or simply spend some quiet time with you. If you find someone like that then take it slow and give that person a chance to prove their honesty.
Put a mechanics' lien on the vehicle, if your state law allows.
Notify the local authorities (in Georgia it would be the probate court of the county of residence of the deceased) that the person died owing you money and that you posess this car that should be part of his or her "estate."
A will is allowed as long as it meets the technical requirements of the jurisdiction where it was executed.
The court's main concern is that the will was signed and witnessed properly under state law. At this point if someone files an objection to the will then what is known as a "will contest" process will begin. A person who wants to contest the will must have a legal interest in the estate and must have a valid reason for their objection. The court will hear the claimant and issue a judgment. There are many reasons a will can be challenged but just because you think it's unfair isn't a valid reason.
Once the will is allowed the executor is appointed and must distribute the estate according to the provisions of the will after creditors have been notified of the death. The debts of the decedent must be paid before distribution can be made to the beneficiaries under the will.
In some jurisdictions a spouse or child can claim an intestate share of the estate if that would give them a greater portion than the portion provided in the will. In most jurisdictions in the United States a person cannot disinherit their surviving spouse by leaving their property to others in their will.
When there is no will the property of the decedent is distributed according to the state laws of intestacy by an Administrator who also must be appointed by the probate court.
It will depend on the will and/or the laws of the state. In most cases it must be 'reasonable' given the work being done. Some courts have said that 3% is reasonable, but cautioned that it needs to be determined on a case by case basis.
An executor, if he or she has received Letters Testamentary from the court, is responsible for being the agent of the deceased. He/she gathers the assets, pays the debts, & distributes whatever is left over.
Certainly you can contest it before and even during the probate period. The court is then likely to appoint a neutral party as the executor. They usually go with an attorney or a bank.
AnswerGenerally, when a will is presented to the probate court to be proved and allowed the person making the petition is also petitioning to be appointed the executor. The court will order that notice be provided to all interested parties by mail and by publishing. If any wish to object to the allowance of the will or the appointment of the executor they must pay close attention to the date of the hearing stated in the notice. Objections must be made within a certain time period that varies from state to state. The court will hear the objection and render a decision. Once the period for objection has passed and the executor has been appointed it is too late to object to the appointment of the executor.
If a person has died and you can not physically find a will after searching their house, you should contact the person's legal adviser to see if the document was lodged there.
In most countries, once a will has gone through probate, it becomes a public document. You should be able to find the will at the public records office where the person lived.
If someone dies without a valid will (dies intestate) then most countries have a procedure that must be followed to deal with disposal of the person's estate.
See related question links for how to find a lost will and for determining who inherits when there is no will.
If boyfriend and girlfriend both paid for property and are both the legal owners then the girlfriend would own the property. If not then the property will go to boyfriends next of kin (closest living blood relative).
Anyone can be appointed as executor. And anyone can be named a beneficiary. It is often done to take care of friends.
If you are named on the deceased will, it can take (from date of death to receiving your money),between 3 and 12 months. Probate happens in these steps Gather all information on bank accounts and assets (house, car) Set up a bank account in either the deceased name or estate executor's name Send letters and non photo copied copies of the death certificate to each company explaining who has died and where you want the monies transferring to (Some companies holding large amounts of money will want a certificate of Probate before they release) Fill in the HMCS probate form with approximate amounts of each asset and account An interview will be arrange where executors swear an oath, then you will have Probate. Send Probate certificate to each company that requires a certificate Money will be payed into the new bank account and then the executor is by law responsible for dealing out money to either any debts or whom ever is named on the will. From interview to having money in your account takes no more then 2 weeks
As with nearly anything owned by the estate of a deceased person, the answer will depend upon whether there was a valid will, or upon the laws of intestacy where the property is located.
For example, if there is no will, and no surviving parents, the children (or their heirs) might inherit all of the property in equal shares, if that is what the state laws of intestacy say.
An executor has to have the will in order to be able to execute it, and if you don't give the executor a copy of your will while you are still alive, you certainly are not going to be able to give him a copy after you are dead, at least, not unless you have a preliminary executor whose function is to give the will to the actual executor - which is really a needless complication.
If the nephew of whom you speak is the son of the aunt of whom you speak the he is a default heir to her estate unless disinherited by her will. If the nephew is the son of the aunt's sister or brother, she can leave any part of her estate to him, just as she can to anyone else. If the nephew is the aunt's last surviving relative, he may be the default heir, even if he is not her son.
An addendum is a document that contains additions or explanations to the original document. In this case the addendum should be attached to the trust document. If it isn't try asking the attorney who drafted it for a copy. You aren't looking for "information on it" you would be looking for the actual addendum.
If you wish to have an addendum to a trust drafted you need to consult an attorney who specializes in trust law.
An addendum is a document that contains additions or explanations to the original document. In this case the addendum should be attached to the trust document. If it isn't try asking the attorney who drafted it for a copy. You aren't looking for "information on it" you would be looking for the actual addendum.
If you wish to have an addendum to a trust drafted you need to consult an attorney who specializes in trust law.
An addendum is a document that contains additions or explanations to the original document. In this case the addendum should be attached to the trust document. If it isn't try asking the attorney who drafted it for a copy. You aren't looking for "information on it" you would be looking for the actual addendum.
If you wish to have an addendum to a trust drafted you need to consult an attorney who specializes in trust law.
An addendum is a document that contains additions or explanations to the original document. In this case the addendum should be attached to the trust document. If it isn't try asking the attorney who drafted it for a copy. You aren't looking for "information on it" you would be looking for the actual addendum.
If you wish to have an addendum to a trust drafted you need to consult an attorney who specializes in trust law.
No. Only the court can appoint an executor. You could petition the court to name your sister as co-executor but make certain you provide a good reason to support your request.
No Not unles the person writing the will gives them permission.
Yes. If the property was transferred to a trust during the life of the testator it cannot be part of their estate after their death. Therefore, even if that property is mentioned in the Will, it is already gone from the estate and is now part of the trust property.
No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.
No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.
No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.
No. The executor has no legal authority until they have been appointed by the court at the time the will is filed for probate.
I think you are looking for "primogeniture."