They should arrange to take title to the property by a deed that designates them as joint tenants with the right of survivorship. However, they should consult with an attorney in their jurisdiction th make certain there will be no other factors such as community property laws or other state laws that may defeat the tenancy.
Your brother can contest the will or bill the estate for money he beleves is owed to him by the deceased. The judge will decide the validity of the will and/or if the claim against the estate should be paid.
The executor should approach the brother to collect from him on the amounts owed. Debts are one of the primary reasons someone should open an estate. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
You should complain to the executor, the attorney who is handling the estate and the court since your brother is selling property that doesn't belong to him. You should do so ASAP. You should also inform the buyer that the brother is not the owner of the cattle.
If there is written evidence of the loan and your mother didn't cancel it in her will then it may be an issue. If there are other beneficiaries who will all share in the estate the loan amount should come out of your brother's share unless the other heirs agree voluntarily to cancel the debt. You should seek advice from the attorney who is handling the estate.
If both names are listed on the account, YES. If only the deceased spouse was listed they will try to collect. They may try to file a claim against the estate. And if they estate is large enough they will succeed. After all, it is a legal debt and should be re-paid.
Sounds like there is controversy over the estate. Only one of you should have a letter of authority from the court.
Credit it against his share of the estate is one way of doing so. If the estate needs to the assets to liquidate debts, the bill should be sent to him as due.
In the course of the settling of the estate the probate court will require that your brother's share be deposited in an account. If there is real estate that must be sold the court will need to specifically address the fact of the missing brother and will issue a license to the Administrator granting authority to sell. His share of the proceeds will go into that account.You should consult with an attorney who specializes in probate who can review your situation and explain your options.
If the benefit is payed directly to the beneficiary then it should not be taxable. If the benefit is payed to the estate then that amount could be taxable. It is best to review beneficiaries at least once a year.
It is up to the brother. Most state probate codes allow the executor to charge a fee for their services. Executor duties and responsibilities can take up a lot of time. If there are only two beneficiaries, that will cut down on the executor's tasks somewhat. The brother should keep detailed time sheets for any time spent on estate matters and a deteiled account of any money spent on parking, postage, copying or other costs. The brother can then decide toward the end of his duties whether he wants to charge the estate or not. The executor's fee is a cost of the estate and should be paid before any assets are distributed so that brother and sister each pay equally.
That is the purpose of probate. With the letter of authority for your wife's estate you should be able to make the necessary arrangements.
he or she has dandruff