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Estates

Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.

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All unanswered questions | New questions | New answers

Does a child have legal rights to a deceased fathers estate if everything was left to his current wife?

The laws vary from state to state. Part of it will depend if there is anything in his estate that came from the mother of the...

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Your child has passed away will his children become heirs of your property?

If you die intestate (without a will) your property will be distributed according to the state laws of intestacy. You can check...

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Maximum amount estate to avoid inheritance tax?

Each year the maximum net worth of an estate to avoid the death tax changes. The death tax is being completely repealed just in...

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You care for your mother the past 3 years she has a life estate on the house you live in and wants to remove it turning the house over to us is that possible?

It depends on who gets the property after her life estate terminates. If the property was deeded to the children with life estate...

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The youngest daughter of nicholas II?

Anastasia

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Why do you get a petition to administer estate?

A letter of administration allows the executor to represent the estate. It gives them permission to sell property, open safety...

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Who has legal rights of deceased mother?

The dead have no legal rights. However, the estate of a deceased person acquires many of the same rights as the person had while...

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What happens when co-executors disagree?

You have problems. In general, when there are more than one executor, a majority of the executors rules on any one decision or...

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What are the powers of executor of will?

The powers are defined by the state. In most cases they give the executor the right to represent the estate in legal...

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Who is first next of kin - parent or child?

Your next of kin is your adult child or if your child is a minor, your parents.

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What are the main responsibilities of an executor of a will?

The duties of an executor are to prove the will to bury the deceased collect in the estate to pay the debts in their proper order...

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Where tenant in common dies can surviving tenant obtain court order to prohibit estate of deceased from equal access to house?

No,when a tenant in common dies the remaining tenant cannot stop equal access as the property remains equitable.No one person is...

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What's an abeyance?

The condition of an inheritance which has no present owner, such as a peerage. Means KEEP PENDING (held in abeyance), till...

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Can you as power of attorney for your mother appoint an executor of her estate?

Your power as attorney-in-fact for your mother expired upon her death. Only the probate court can appoint an executor. If your...

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If the wife dies intestate what are the husbands rights?

You need to check the laws of intestacy in your jurisdiction. Each has it's own laws. See related question link.

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What are executor laws in Georgia?

Poor

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What is the beneficiary in a trust?

the beneficiary in a trust is the person whom benefits from that which is held in trust.

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What happens when the executor dies before the distribution to the beneficiary and the beneficiary dies and has no heirs?

You need to speak with the attorney who is handling the estate. There are many variables in your situation that must be reviewed...

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How old do you have to be to become power of attorney for someone?

You need to be an adult to be appointed a power of attorney. In most places that is 18 years of age. There are a few countries...

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Can a beneficiary forfeit an inheritance if they want their share to go to the other 3 beneficiaries instead?

Generally a beneficiary can file a disclaimer with the court. State laws vary so you need to check the laws of your state. In...

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Shameless housing estate?

chatsworth

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I stole check made under someone's name and I want to cash it. what should I do?

Prepare to spend some time in jail.

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Have a will with no executor who executes the will?

The court will appoint an executor. Any person who is interested in the estate can petition to be appointed the executor: friend...

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Can trustees of irrevocable trust name original grantor as trustee?

First, the trustees do not generally name the initial trustee. The grantor names the original trustee. Second, a grantor of an...

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If one heir owes a small debt to an estate should the debt be paid before the estate is divided or should the debt be deducted from that beneficiary's share?

You should ask the attorney who is handling the estate. If it is a small estate there may not be any tax consequences either way.

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Does power of attorney cease after someone is no longer incapacitated?

Not necessarily. If the POA is of a limited duration, it may expire. However, a Durable POA that is not of a limited nature would...

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After a parent dies can adult children be held responsible for an apartment lease or the condition of the apartment?

Only if your name is on the existing lease.

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In California when equal shares of the residual of an estate is left by right of representation to three beneficiaries is it still necessary to specify percentages?

Yes, it should be noted in the will the exact share that each person is to receive.

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What are the laws in California if a spouse dies and both names are not on the house?

As a general rule, the surviving spouse can at least claim his/her community property interest in the property; the balance of...

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This question pertains to the State of California your father recently passed away leaving your brother and you as his heirs in his will your parents are divorced your Dad was married to another woman?

I am sure your father left his wife the home they live in, possibly some money, but, if you and your brother are in the Will (you...

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What are the rights of the natural born heirs if they are minors?

Generally the probate court judge will assign a Guardian Ad Litem to oversee the minor's interests and affairs until a legal...

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Does a bank account get investigated after death when in probate?

It depends upon the way the account was established. If the account was joint then there are not legal grounds for an audit. If...

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If in California you leave the residue of your estate to your two sons and your one friend by right of representation will the residue of the estate be automatically divided in 3 equal parts?

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What is the law when the father of two minor children passes away and leaves no will?

AnswerIn all 50 US states when a person dies intestate (no will) the state probate's estate and succession laws apply. In...

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How long should it take to be notified if you are a beneficiary in a will?

Shouldn't be more than a few weeks, particularly if you have been in contact with the executor.

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Who is responsible for credit card bills after someone dies?

When someone dies and leaves a debt for which there is no co-debtor, the decedent's assets may be used to pay the debts. In many...

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What happens when there bills but no money or property to sell and the person dies?

Check with an attorney on this...however, speaking from experience if the person is an unmarried/widowed parent the bills just...

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What are the rights of the heirs to see the will or trust of their deceased parent when the surviving spouse refuses to allow them access?

They can file a petition in the probate court requesting a copy of the will.

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What happens to real estate when someone dies without a will and can a child take a loan out on the house to pay his sibling their share of the inheritance?

The titling of the property detemines whether or not it is subject to probate procedure. No property can be sold, refinanced,...

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How can you get a copy of your mother's last Will when trusts kept information out of probate court and her attorney accountant and your brother refuse to discuss this issue with you?

If probate did not apply that indicates the person is deceased. The interested party would not be able to file a request with...

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If an executor of a will waits six months after a bankruptcy to give the bankrupt his inheritance is it safe from the trustee?

Maybe. It depends upon the type of bankruptcy that was filed (state or federal) and the time the bankruptcy petitioner...

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Who pays the utilities that are related to life estate property?

The current tenants of the property in question.

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What are the rights of a credit card company when someone dies owing money and has no estate but has life insurance?

If the life insurance policy has a named beneficiary creditors are not entitled to any portion nor is the beneficiary legally...

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Is there a difference between lifetime rights and a will that states someone may live in a house or basement as long as needed and the other owners can do nothing?

A life estate is valid for the life of the individual that it was granted to. It can be granted through a will or through a...

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Is the surviving spouse liable to pay medical bills for a decedent with no estate or probate assets in South Carolina?

The estate is responsible for the decedant's debts. You should consult a probate attorney and open an estate to settle any debts...

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What rights does a spouse have at a time of death without a will by Colorado law?

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In Alabama if a father leaves his house to his daughter and his girlfriend and the daughter pays the girlfriend's share of taxes owed does the house then belong solely to the daughter?

Ownership is determine by the names and the wording on the deed or title to the property in question. In such a case as cited the...

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Can the executor of an estate who is also a beneficiary sue himself?

He CAN, but why bother. The word "sue" just means ask, but in legal terms. When you sue someone, you're asking the court to...

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Step grandmother passed away left all to son son passes away leaves all to wife wife passes away leaves all to daughter unclaimed property found in stepgranmothers name can step grandaughter claim?

This depends on who the next rightful heir is. Usually, this is the next of kin, such as a spouse, sibling, etc. If the step...

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What legal crime is it to break a power of attorney?

It's a felony.

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Is it possible for real estate to be held in a generation-skipping trust?

Absolutely. Get the help of a lawyer. Consider an irrevocable trust with beneficiary named as one option.

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If two names are listed on a deed and one person dies does the surviving party automatically own the entire property?

It depends on the way the deed is written. If it includes 'right of survivorship' then the other party gets the property. Joint...

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What should you do to investigate a life insurance policy taken out by a deceased ex-spouse?

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Is there a need for probate if the wife is sole beneficiary under a will and the only property is a joint bank account with right of survivorship and miscellaneous personal effects?

Probably not, but your local probate attorney will know for sure.

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Do you need a new will after a marriage?

Certainly, you have a new primary heir. And in some states, any will written before marriage is considered null and void.

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Can cd's be cashed in that belong to a dead person before the will is probated by the executor?

Most states require filing of probate as a first step in appointment of the executor, which then gives the executor the power to...

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Can you contest who is executor of a will before it is probated?

Certainly you can contest it before and even during the probate period. The court is then likely to appoint a neutral party as...

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Is there anyway to find out if a loved one who has recently passed away has left a will if their attorney's name is unknown?

Look for it.

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How can I from Virginia find out about the will that my aunt who was from Masschusetts told me that I am included in her will a few years ago and she passed away last January?

Contact the Probate Court of her County and ask for information on filings for your Aunt. It may be available on the internet for...

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Is executor of the will same as power of attorney?

No. A power of attorney ends on the death of the person granting it. The executor of a will is the person responsible for making...

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Your father passed away without a writing a will What are the procedures that your mother should take in Virginia to make sure that she is looked after?

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Can your sister become power of attorney then change the will to become executer and then keep everything when he dies?

Power of attorney does not enable her to change the will. A will is one of the things that can only be changed by the testator....

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If someone is not of sound mind can they change the beneficiary on their insurance policy?

No.

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If a parent abandons you then dies without a will and the divorce settlement says you should be the beneficiary on the life insurance but you are not do you have the right to the life insurance money?

No, you have no entitlement to the money. Because a life insurance policy is a contract the only legitimate way to change a...

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What is an equitable lien?

An equitable lien exists independently of possession it may bind property not in possession at the time the obligation incurred...

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If a cousin dies and has no living heirs other than one living uncle and one cousin Was receiving a pension ck but died before the monthly ck was deposited but he was entitled to who can cash check?

The executor of the estate can cash the check.

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Where do I start my mother died she left a will your siblings received their money but your step father wont let me have mine or see the will im 52 years old im not a child but i dont know what to do?

If there is a will, there is probably a probate case in the local court. The file will contain a copy of the will (if not the...

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How do you find out if someone left you money after they died?

my father passed away and i can't get in contact with my 1/2 brother to findout any info. so could you help me in this area?

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Types of inheritance?

There are 2 Types of genetic Inheritance. 1. Polygenic inheritance, also known as quantitative or multi-factorial inheritance...

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My uncle died 4 years ago on his death bed in the hospital my brother shoved a will under his nose and asked him to sign it the signature reflects that he was not totally coherent to late to dispu?

no it is not tot later you need to fight him because that is wrong that same thing happened to my great grandmother

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What do lawyers get out of the will?

Lawyers typically get paid an hourly fee for helping an executor with a will. If they are the executor of the will, they will...

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If a house is bought by two people father and daughter and stipulates that the daughter has the right to survivorship can the father sell the house without her knowledge?

Not if the title has been worded and filed in the county land recorder's office where the property is located. The wording would...

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How do you transfer a deed of a deceased brother in Pennsylvania that did not have a will into the name of the only living brother?

can the Jones brother come to visit me at school it is at 75006 yes or no

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My sister demanded my mother turn over 18000.00 to her for safe keeping My sister in turn has spent the money and still tells my mother she is keeping her money safe Has she committed a crime?

Yes, this would be a crime. It is fraud. She has stolen money from your mother and spent it. She has also lied to your mom, she...

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Your son had fund set up for him by his uncle who has since died how do you retrieve it?

If it was set up under the Uniform Gift to Minors Act (UGMA) then you can't... at least not without an attorney.

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Aunt is executor of will and stole all the family money. What can be done?

Take her to court. You can petition the court to remove her as executor. She has to provide a complete accounting of the...

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How do you apply for executor of an estate?

You need to open an estate with the probate court. You can usually get a packet of the required forms at the courthouse. One of...

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Can 1 heir sell property out of five in Ohio?

If there is five heirs to one piece of property then no the 1 heir can not sell it without the others consent. The one heir owns...

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Was Marilyn monroe's family all Italian American?

Marilyn was mostly of Scottish, Irish, English, descent.

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What is a particular lien?

A particular lien exists only as security for the particular debt incurred.

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How do you terminate a life estate?

If you are the holder of the life estate, you should be able to sign your interest over with a quit claim deed. Consult your...

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How long do you have to settle a will?

There really is no time limit. Annual reports have to be filed with the probate courts. There are wills that have been open for...

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The beneficiary died after the policy holder who is also deceased Who is the beneficary spouse or children from previous marriage?

When the policy holder dies, the money goes to the beneficiary. If the beneficiary then dies, THEIR beneficiary then gets the...

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Can a convicted felon be a power of attorney and executor of a will?

can a convicted felon be a power of attorney for their parent?

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Can I file my deceased father's Tax return?

The executor of the estate is responsible for filing the deceased's tax return. If that is you, then yes.

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How do you get power of attorney for an ill spouse?

You can get a power of attorney form online or at your local office supply store.

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Is it legal to scatter ashes in a public park or lake in the state of Ohio?

There is a newsletter at the Ohio Funeral Directors Association website that provides excellent advice and information regarding...

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Is a power of attorney necessary?

You can read all about a Power of Attorney at the link below. The benefits are numerous and much needs to be considered if such a...

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What is ratio decidendi?

The part of decision which is binding

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What is the role of estate surveyor and valuer in development process?

The roles of Estate Valuers and Surveyors include: 1. Giving advise on site locations 2. Sourcing of funds on large housing...

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An unmarried couple has a child and on parent dies who gets custody?

In most places the surviving parent will automatically be considered to have custody. If there is a reason that this should not...

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Can a surviving child receive money from deceased parent's life insurance policy?

If they are named the benificiary of the life insurance policy. If they are not, it goes to the named individuals. If no one...

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What does daughter do when mother dies and her name is on house deed with daughter?

The title should automatically pass to you if you acquired the property as joint tenants with the right of survivorship, as the...

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Is there a special form used for a living will with Jehovah's Witnesses?

No not really.

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Can you write your own legal description of property?

If you are selling a portion of a larger tract many jurisdictions require that you record a survey of the portion that is being...

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Why is it impossible for there to be apparent authority for an agent who is acting on behalf of an undisclosed principal?

You don't have all the elements necessary to acquire an enforceable contract. "Apparent" authority doesn't count.

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Can I remove myself as trustee and dissolve the trust?

You need to review the terms of the trust to determine how it can be dissolved.

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Can a trustee of a will sign it as a witness?

United StatesThe quick answer to your question is: In the best of circumstances, a witness to a will shouldn't benefit from the...

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Does a quit claim deed override a will if it was signed after?

Yes. If a testator makes a will devising real property to a beneficiary but then transfers that property by deed while still...

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Can a person diagnosed with Alzheimer's change their Power of Attorney or Will?

Sure they can, depending on how far the Alzheimer's has gone while changing their will. If the Alzheimer is too far gone, and...

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