The trustee has the authority to act on behalf of the trust according to the provisions set forth in the trust. Many trusts require the approval of the beneficiaries prior to any action by the trustee. Many do not. You need to review the provisions of your particular trust to determine the answer in your case.
The trustee has the authority to act on behalf of the trust according to the provisions set forth in the trust. Many trusts require the approval of the beneficiaries prior to any action by the trustee. Many do not. You need to review the provisions of your particular trust to determine the answer in your case.
The trustee has the authority to act on behalf of the trust according to the provisions set forth in the trust. Many trusts require the approval of the beneficiaries prior to any action by the trustee. Many do not. You need to review the provisions of your particular trust to determine the answer in your case.
The trustee has the authority to act on behalf of the trust according to the provisions set forth in the trust. Many trusts require the approval of the beneficiaries prior to any action by the trustee. Many do not. You need to review the provisions of your particular trust to determine the answer in your case.
First, the most recent Will is the one that is presented to Probate Court for "allowance". Keep in mind that many people change their Wills prior to their death. It is customary to include a clause at the beginning of a new Will that states the testator is hereby revoking all other Wills made prior to the current version.
If you have a copy of the prior Will naming you as beneficiary you can submit it to the Court for review along with your objection to the allowance of the later Will. Remember that an objection to a Will will not be entertained simply because you are not happy with the testator's decisions. There must be a material defect in the contested Will that makes it legally invalid or you must prove the testator was incompetent or under undue influence when she drafted her later Will.
If you think you have a valid claim then you must file your objection within the time frame expressed in the notice of Probate that you should have received. The Court will schedule a hearing and will review your documentary evidence and hear testimony.
Where can I access forms for free wills?
Check to see if your state has a "statutory will" form. Many of them have a simple fill in the blank form. A quick search on 'statutory will' and your state will find one.
Can you find out what is in someones will?
Not easily without them dying or them telling you, which, I assume by your asking the internet rather than the person in question, is not in your options.
How long does it take for an estate to go completely through probate in SC?
There is no specific time frame in South Carolina. The estate has to be inventoried and appraised, the debts collected, taxes paid and the terms of the will meet.
Does the executor have the right to say that things must remain in the house for her grandson?
That depends on what was written in the Will. The estate must be probated and the executor must seek appointment from the probate court.
What happens if your father dies and leaves you an executor yet your mother is still alive?
It means he trusted you to take this burden off of your mother. Do a good job and clean up the estate and get it resolved quickly.
Does a lien on property have to be claimed when an estate is created?
If it is already in place, there is no need to claim it, it is a known debt, but it never hurts to ensure that the executor has the appropriate information.
How do you change the named personal representative in a Will to the named alternate?
You can execute a Codicil to the Will. A codicil should be drafted in the same form as a Will: witnessed and notarized according to the laws in your jurisdiction. The Codicil should be permanently attached to the Will and should very specifically state which parts are being stricken and what is being added in its place.
Can the next of kin acquire inherited property if the rightful heir is comatose or incapacitated?
No, the next of kin does not take their place. The rightful heir is still entitled to their proper share. It will go to their guardian for their upkeep.
No. Wills are rarely "read" to beneficiaries like you see in the movies. Most states require beneficiaries to be given notice of the probate of the will by certified mailing of a copy of the will.
What is the difference between entire residuary estate and residuary?
Both refer to the property not specifically devised in a Will. Residuary is the shortened form of residuary estate.
Both refer to the property not specifically devised in a Will. Residuary is the shortened form of residuary estate.
Both refer to the property not specifically devised in a Will. Residuary is the shortened form of residuary estate.
Both refer to the property not specifically devised in a Will. Residuary is the shortened form of residuary estate.
Who is considered next of kin when there are no immediate family members?
cousin, niece, nephew, aunt, uncle, grandparent
Does the military help soldiers with wills and trusts?
Absolutely. Every base has a legal office. The Army calls it a "JAG". They can help any servicemember, and even dependents with legal documents such as a will or trust.
First, the executor has no legal authority until they have been appointed by the probate court. If you are named as executor in the Will, the attorney should make certain you have been given notice that the Will has been submitted to the probate court. Your name and the name of the co-executor named in the Will should be on the petition for probate. You should contact the attorney who has been consulted and ask her what, if anything, has been done with the Will and the probate process.
How can you tell Fake jack wills?
Check that all the labels state Jack Wills spelled accurately, usually the actual fabric used for the tag is white. On the buttons usually it states Jack Wills too. Most of their designs are similar each season, so compare the style of clothing with that displayed on the website or in handbook.
What happens to a minor's possessions when they die?
The possessions belong to the parents. They actually belonged to the parents before their death.
What happens to savings when a person dies?
Depends on if they have a will or not. Also if they have any outstanding liens or judgments against them. You need to check with the laws in your state as far as claiming a relatives monies. You may have to post an ad in the paper making claim to the cash so you put others on notice, etc. Check it out.
That will depend on the value of the estate. The executor will have to file a tax return with the IRS and the state of New Jersey for the estate.
Does the executor have to get appraisals done on jewelry that is listed in a will?
One of the most important jobs of the executor is to list all the assets and their values. It is critical in order to liquidate the estate and resolve taxes.
Can a in-law become heir at law if an uncle dies intestate?
Most laws of intestate succession provide only for blood relatives to inherit, sometimes followed by step-relations (of the half-blood, by marriage). This would not usually include any in-laws who are not also of the same blood.
In the case of an "uncle": his surviving spouse and any direct descendants would inherit the entire estate before going to his parents and their direct descendants (i.e., other uncles, aunts, nieces, nephews, and their children...), and nowhere does it say, "or the spouse (in laws) of such descendants..."
Your local laws may vary.
Are codicils considered an intricate part of the will?
Yes, they are an intricate part of the will. They are amendments to the will.
Is it legal for an executrix to change the locks in a house without telling the beneficiaries in PA?
The executor of the estate has the duty to maintain it. That means making sure that things stay intact and nothing goes missing.