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Estates and Wills
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Is there a time limit for claiming life insurance death benefits?
No. In fact, the benefit will usually grow at interest until the insurance company can locate a beneficiary. One thing that...
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Should you rewrite your will and designate a guardian while still pregnant?
This is -- I can't emphasize it enough -- very important! You should, from my point of view, do this before the birth. I had a...
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What are an heir's rights regarding the actions of an executor?
Executors and Heirs' Rights If you do not agree with the executor, you may wish to hire an attorney to act on your or your...
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What can a homeowner do to ensure that no liens are placed on their home for a repossessed vehicle?
Repossession and Home Ownership The automotive manufacture has two options when repossessing a vehicle. They will either tell...
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How do you get a clear deed to 'paid in full' property when the seller dies before it can be transferred?
In general practice a sale of land is a single transaction supervised by an attorney with the consideration being given over IN...
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What are the legal rights if someone co-signs for a car and dies before the note is paid in full?
Many people do not realize that by co-signing you are also a borrower on the loan; so even though the other borrower...
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Are the surviving adult children responsible for paying off the debts of the deceased - including a mortgage - when there is no estate?
Deceased Parents' Debts Advice from FAQ Farmers: Answer: No, you are not liable unless your name is actually on the...
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How do you get a divorce?
Go to an attorney and speak with them. They can do all the paper work for you, and then go to court. Or, If you can get her to...
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What is a revocable trust?
Revocable Trusts A revocable trust is one where usually, grantor/trustee/beneficiary are the same person. It can be revoked or...
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Does your parent have the right to postpone your receiving your other deceased parent's life insurance from the age of 18 to the age of 21 if they wanted to?
It depends on what the deceased parent has put in their Will. If they said that the surviving parent takes care of any monies or...
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What length of time do creditors have to come in and try to claim assets owed to them that were previously charged off from an estate?
In Massachusetts, creditors have 1 year from the date of death to notify the executor or administrator of the estate of the...
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Is land conveyed to a dependent by a quitclaim deed that would be recorded after a parent's death a taxable transaction?
In some jurisdictions a deed recorded after the death of the grantor may be considered a defect in title. You should seek the...
Popularity: 102 • Tools: Recategorize
If your brother is older than you and because he is a man does he have to sort out your deceased father's will?
Usually most people name an Executor (male) or Executrix (female) in charge of the Will. You do have a right to see that Will, so...
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Can a fiancee file to be the administrator of the estate for her fiance if he died without a will?
In Canada and the United States if someone does not leave a Will any properties or monies can be left to government. In some...
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What are the laws in Texas when someone dies without a will?
Texas intestate succession laws are quite complicated, especially when they pertain to married couples -- Texas being a community...
Popularity: 101 • Tools: Recategorize
In Texas if you relinquish your parental rights are those children entitled to part of your estate if they are not named in your will?
No. It's your Will, and those wishes must be followed. The only thing that will happen is that probate will come into effect...
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Can the executor of an estate give permission to his friends to access the estate property and can beneficiaries do the same?
The Excutor is responsible for damange to all property, keeping records of spending for funeral costs, etc., out of the Estate. ...
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Could administration of an estate be granted prior to death in Connecticut in 1723?
In one form yes. If you stated in your will that you wanted it carried out after the signing and witnessing of your will it would...
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If your spouse dies without a will and the home was not titled in both names will the surviving spouse become the sole owner of the property.?
According to most state laws, without a will, the wife is entitled to a portion of her husband's estate. If he didn't have a...
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If you are living on disability income and paying off overdue credit accounts a little bit each month can they still harass you?
Unfortunately yes.
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If your wife deceased while incarcerated and her stepfather insists on claiming her body how can you stop him?
If the couple were legally married at the time of death, and no stipulations made on the part of the deceased, the surviving...
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How can a life estate legally be reversed or amended?
THE TENANT IS STILL ALIVE BUT HAS MOVED Answer we need to know more facts. Who granted the life estate? Are they still...
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What can you do when you are an heir to an estate but your sibling is the executor and you suspect misappropriation of funds in Texas?
You are going to need an attorney for this. It's best to spend the money to protect your rights in the Will. Just because...
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Your sister is the conservator to your mother your sister takes care of her and her finances can you check where and how the money is spent?
As long as your mother is considered of sound mind, there isn't much you can do about this. Your mother has signed a contract...
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What happens when your sister is the executor and she has spent some of your mom and dads estate?
I am sorry to hear of your parent's passing. Extecutrix (female) Executor (male). Some people feel because they are left as...
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Are children responsible for their parent's debts when the parent dies even if you are estranged and haven't been in contact for many years?
No you are not responsible, but if your parent(s) left a Will and you are named Executor (male) Executrix (female) or someone...
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Can children of a deceased parent be allowed access to the parent's apartment even if they are not the executor?
Yes they can, but it is the Executrixs (female) Executors (male) responsibility to be sure all contents are kept in tact until...
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When a person dies and has life insurance is there a way to find out how much money was left to the beneficiary if you are not the beneficiary?
I believe if you are the personal representative or executor of the will you would need to contact the life company providing...
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What can you do in North Carolina if your mother just died two months ago and her car was repossessed 3 days ago without warning?
I am very sorry to hear of your mother's passing. My mother passed a way a year ago this past June and it is never easy. If...
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Does the administrator have to pay an heir's debts before the estate is settled?
Administrators and Heir's Debts Depending on the size of the estate, the decedent's debts have to be paid...was there a will?...
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What should you do with the car that belonged to the deceased?
The car is an asset in the estate. As such it needs to be appraised and the executor needs to determine what to do with the item...
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What happens if the testator gets divorced after making the will?
This varies from state to state, but most divorce decrees will include making the will void as it applies to the spouse in...
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Can the beneficiary on a life insurance policy be changed by the executor?
Life Insurance and Executors No, the beneficiary of a life insurance cannot be changed by the executor unless he's the owner...
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What rights does a spouse have at a time of death with a will by Colorado law?
The surviving spouse will receive all jointly owned property, including bank accounts, real estate and some vehicles. Any...
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If a 72-year-old veteran is convicted of attempted murder in the 1st degree does it nullify his military funeral entitlement?
Considering the veteran's age, and the fact it was attempted murder (old age can cause many diseases that can make the elderly...
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If someone died and left a house with a mortgage in a trust can you just keep making the house payments or do you need to notify the mortgage holder and can they demand the note be paid in full?
You didn't say if the person who left the house was a parent or a friend. If it's parents you must provide a copy of the death...
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When someone dies in your family how do you find out who their lawyer was or what property they owned?
Finding a Deceased Relative's Attorney Advice from FAQ Farmers: Contact the property recorder's or assessors office in the...
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If you received money from a sibling after he refinanced his home to pay off the share of an estate entitled to you are taxes owed on this money?
It sounds like what you received was your portion of an inheritance. If that is the situation, based on the facts given, there is...
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How do you find out your dead father's Survivorship Records?
With regard to property ownership? Contact a title company or residential attorney to have them conduct a title examination of...
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As your mother's general power of attorney and with the house deeded to your brother sister and you as tenants in common with your mother's life estate can you sell it with your signature only?
No. If your sister/brother have the deed and the house has been signed over to them then it's theres. If your mother is still...
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If a person dies in Virginia are the stepchildren considered as heirs?
Wills say it all, and that's why people should have one (even people in their 20s if they have personal posessions or property.) ...
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How do you receive land given to you in a will?
You receive title through the will. There is no conveyance, as title vests in the receiving heir(s) immediately upon decedent's...
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Do the remains of the deceased become part of the estate or should they be turned over to the heirs. What are the obligations of the executor.?
It sounds like the deceased has been cremated, and therefore the ashes (in an urn) are given to wife/husband/or any children to...
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What can I do about my sister who is the executrix of my parents will. She will not release the monies in the estate because she is demanding somethings I have from their house which was split equally?
All Wills have to go to "Probate." This means forms have to be filled out and usually done by a lawyer. A Probate goes over what...
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If your lawyer never offically transfered the deed of your dad's house to you can you begin the sales process without that document or can you file for emergency transfer in New York?
Property cannot be sold, partitioned, refinanced, etc. without having a clear title. The party involved must contact the attorney...
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Your brother is executor to your our will your parents will was that you share and share alike but he is conducting rental property as a buisness is that legal?
I suggest you get a copy of that Will (you are entitled as a heir) and also, I do believe the lawyer would have had to talk to...
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What happens if the executor of a will dies and the person who receives the residual estate also dies?
Usually the next of kin will be sought after by a company "In Trust". Children of the deceased will be sought out, or if there...
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What should you do if the daughter's name is not on anything and the father had a stroke and no longer wants the responsibility of owning his property and wants to give his property to his daughter?
Not knowing the state of residency the question can only be answered in a general sense. If the father is capable of...
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Do you have to pay taxes on an inheritance of 100000 or more?
Not federal, states however establish laws concerning such taxes. The interested person(s) might wish to contact the clerk of the...
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In Virginia how can an heir make a 'deadbeat' trustee execute a trust?
A trustee is an officer of the court. And is bound by state laws and court procedures. If the estate/trust is being held, it is...
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If you live in Ohio and your in-laws died leaving all assets to your husband is it half yours if you had to finish paying off their house and car after their death and no cash was involved?
If you were to leave your husband than half of all he owns his yours including his Retirement Fund. However, if you remain...
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What could be the consequences when a person dies intestate owing debts and his personal and real property is distributed according to his verbal wishes and not through probate procedure?
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...
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Mom the executrix of grandma's estate is paying for your cousins' therapy using money from the estate - this is not a condition of the will - is this legal while the estate is still in probate?
If your mother is keeping receipts for the doctor's visits your cousin is going too, and your mother is in the Will as well as...
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What is the fee an executor of an estate receives in Wisconsin?
Sometimes people who make up their Wills will have a clause pertaining to this very subject, but most never do. I have it in my...
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Do children from a first marriage have any legal rights to properties owned by their recently deceased father?
It depends on what was in your father's Will. He could have left something to all of you or left everything to his second wife...
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How do you obtain a clear title to inherited property?
This would be a matter of state statutes. Each state enacts specific laws pertaining to real and personal property and how...
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What can you do your dad passed suddenly intestate he and his sibling are on the deed of what was their parents house does his share pass to your mother if not what can be done?
The answer depends upon how your Dad and his siblings took title to the property: as tenants in common or as joint tenants with...
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What happens to your fathers house when he remarries and he dies and the house is in his name and your mothers name?
i think it should go to the children as they are the imediate family and should be intitled to it. Answer Don't know the...
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What are you entitled to when your spouse dies?
If there is a will, then you are entitled to what it provides. With no will, the laws of your particular state will govern the...
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Does a sibling whose name was added to bank accounts when she had power of atty have to include these assets as part of the estate when executing the will?
If a person (of legal age?) is named on a bank account they have the right of survivorship to the account and are not included in...
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Can an executor deny a beneficiary access to property listed in an estate?
No they can't. However, if the beneficiary is being unreasonable, then the Executor has the right to ask the beneficiary to deal...
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If your parents' will left their estate to you and two siblings but your sister took a lot of personal things can she do that?
if each child was given 33.3333% of the home its up to the other two to agree that she can have it.
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Can an heir take out a loan against an estate in probate if the other heirs object?
An heir to an estate that is in probate can receive an "advance" against his or her beneficial interest in the estate. Because...
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How do you get a copy of an Accounting of the Estate of your deceased father?
I'm going through this now. Send a registered letter requesting a financial statement of the account of the estate and put a time...
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What happens if a loan is in default and the co-signer who put up the collateral is deceased?
The person who was "cosigned for" is still liable and the collateral is still collateral, it's just owned by the estate now. Same...
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What happens when someone has been approved for a mortgage but dies before the sale closes?
The contract becomes null and void.
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What type of license do you need to start a repo business in Michigan?
contact your local townhall or government who will give you detailed information on how you obtain this license. Answer You...
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What are the rights of the natural heirs if their father was married to his wife for just a few weeks before he passed away?
New Wife vs. Children This is the reason a will is so important for anyone who not a minor. It should be redone as soon you...
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Why did your question disappear even though it had not been answered?
It may have been inappropriate or ridiculous, or it could have been a duplicate question.
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How do you find your trust fund?
question I would like to know how do I find my trust fund that was left to me when I was 1 year old. The person who left it to...
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What does an adult only child of an unmarried parent do when that parent dies with over 14000 in charged off debt and an estate worth less than 3500?
Debt(s) are not the responsibility of a surviving child or family member other than a spouse which in this case is not...
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My mother has been o mental state hospital two weeks and the doctor says she can never live alone again?
If the doctor has told you this then count what few blessings you have (I know you are really hurting right now and I went...
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If you sell your father's house do you have to give money to his girlfriend who has a life estate in the house?
You will not legally be able to sell the property if the girlfriend has a life interest unless you have her consent. She will...
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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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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...
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How can you get your husbands car if his father wont give you the keys?
If your husband passed on leaving a Will and everything goes to you, then car is yours. The best thing to do is give a copy of...
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If your husband is the executor to his mother's estate do you have to sign dowry rights when he sells her condo?
No, the executor does not have an interest in the real property. He is not selling it, the estate is. If he inherits the...
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If a parent passes away with no assets or will are the children responsible for their debts?
Hi Mackey Nice to see you around and thanks for adding on the extra info. Have a great weekend! Marcy No, only...
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If numerous children inherited land from their parents what happens to the individual land portions when the titled owners die?
I am very sorry to hear of your loss'. You answered your own question and you are absolutely correct. If you have 10 Heirs in a...
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Can you get a loan on an inheritance that has gone into a trust that is in my name?
Yes, you can get a and loan on your inheritance. This is a precarious situation you must be in to need the money that quickly....
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Who inherits in an intestate estate?
See the website below for various state intestacy laws. First click on your state. Then click on "View the Text".
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If a will mentions a trust that was never set up is the will valid?
Wills signed by the deceased and witnessed are always valid. Often the elderly may change their minds, but never change their...
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Is there a simplified estate procedure?
Estate procedures will vary from state to state. Some states have simplified procedures depending on the value and nature of the...
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If an executor is named in a Virginia will but it has no provisions for property disposal how is the property distributed?
The debts and assets of the estate will be handled in accordance with state probate laws.
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Does the estate of a deceased car loan cosigner remain responsible for the loan?
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Can siblings put a lien on a home that was inherited by a beneficiary deed?
did the siblings inherit the home, or did you? If you inherited, then no, they can't place a lien unless it's for work they did...
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Is there a chart to calculate ones life expectancy in a life estate to be able to buy out the life estate?
2 no. There is a chart for life expendency Yes, there is a chart but I had to get the calculations from an...
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What should you do if you're the executor of your mother's will and her house appraisal is 118000 and you want to buy it for the appraisal value but your two brothers will not sell for that amount?
The estates executor has an obligation to the deceased,and to the named heirs, to resolve the estate in an unbiased manner. ...
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Is a trust liable for a defaulted auto loan?
If the trust took out the auto loan the answer is yes. Usually an individual or a company takes out a loan If an individual...
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Does an ex-wife have special rights to the estate of her deceased ex-husband if she has custody of their young children?
no but the children might have rights talk to a lawyer Answer An ex-spouse does not have rights of claim against the...
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If a man passes away and leaves credit card debts soley in his name can his wife be held responsible for the debts?
Unfortunately yes. It's the same in Canada. Even though he may have the credit cards and she didn't, any debts he incurs are...
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When a person dies who pays any outstanding bills?
The exact procedures will vary from state to state, but the decedent's bills and other financial affairs are usually handled by...
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Where could you find a copy of a person's will after they have been dead for over 20 years?
There is a Statute of Limitations on this and I think yours is past on the Will. Just to be sure go...
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If your mother is deceased you are the executor and your sister has a mortgage loan with your mother does this loan have to paid off with the money received from the sale of the home?
If the loan is against that property I would think so.Is the sister mentioned on the will as a benificary of the estate.if she is...
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Can testimonials from Doctors or nurses at someones deathbed change a written will?
In some cases yes if the doctors or nurses are corrupt. For example: My great-aunt of 92 years owned a great deal of property...
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Your sister is the executor of your Uncles will in New Jersey and has been lying and causing trouble in the family from day one how should we handle this?
Your sister is the "Executrix" (female.) If you know the lawyer she is dealing with then you can call the lawyer. Also, she...
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Can the executor not inform others named in the will of what has transpired in closing the estate?
yes Answer: Not if the estate was filed in the probate court and she was the duly appointed executor. An executor can't...
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Will the house go into probate if one spouse dies and both names are not on it?
Yes, it will go into probate. It depends if the deceased has specified that his/her's monies and properties go to certain...
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What happens if a person dies leaving credit card debts and they have placed all their property into a non-revokeable trust?
The Trustee of the Trust is responsible for paying the debt out of the trust funds.
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If your sibling and you have already split the things in your deceased parent's home can your sibling later decide she wants some of the things back or she will take the money instead?
Wills take some good people and turn them into greedy little creatures. The fight is on! It's a decision between you and the...
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