54

Wills typically handle this by specifying a survivorship period. Such a clause may say, in effect, "I leave all my assets to my spouse, provided they survive me by at least 30 days, and otherwise to beneficiaries X,Y,Z." That way, if your spouse dies shortly after you, your assets go to X,Y,Z, rather than going to your spouse and then to their ...


20

Conventional guns are not "registered" in free America. (Only a few jurisdictions like NYC, DC, and maybe still Chicago, have laws requiring licensing of gun owners and registration of firearms.) The interstate transfer of guns between individuals/owners is regulated by federal law and must be conducted by Federal Firearm Licensees (FFLs). Many states ...


18

In the US, the right to publish is vested in the copyright holder, who is initially the author. That right can be transferred for example by a transfer agreement, and it can be inherited just as other property can be inherited. Under the terms of the will, it is most likely that the copyright was transferred to the spouse even if the will didn not say "...


7

The child C cannot receive anything as a "gesture despite the Will" if everything in the Will is left to B; unless B agrees to a Deed of Variation the Executor is legally bound to follow the instructions in the Will. C may have a claim if he is dependent on A at the time of A's death and A has failed to make provision. It is possible that A's sibling S ...


7

NO In most cases there is no tax owed by the beneficiary and it has, in any case, nothing to do with the estate.


5

The personal representative is empowered by law (esp. §3311) to undertake actions on behalf of the deceased, and enjoys certain legal immunities against personal liability for their actions. The personal representative can do things that a random person off the street can't do. Until you are appointed by the Register of Wills as personal representative, you ...


4

This is going to depend very much on exactly what is in writing. Note that your father could, if he chose, directly leave both the house and the IRA to his partner. If you become the homeowner after your father's death, and the "3-year right to use" and the cost sharing provisions are not in writing, then neither is legally binding. You and the partner may ...


4

You should really investigate the legally correct way to deal with the estate and the transfers of the assets; if not, you could have considerable legal and tax liability in the future with the bank (if they flag and investigate the transfers due to the death of the account holder and the size of the transfers) and the IRS (inheritance taxes), as well as ...


4

IANAL. I am not your lawyer. Assuming that they bought the house together, and are both on the title, your step-father would, as a surviving owner, take sole possession of the house (and it wound not enter your mother's estate). If she bought the house before they married and he moved in, and he is not on the title, it would theoretically enter her estate, ...


4

You need to speak to a lawyer. First of all inheritance laws vary greatly from one location to the next, so you need someone who is familiar with your local laws and processes. You also need to collect all paperwork that's related to the inheritance. Typically an estate need to get "settled" and there is an official statement that (often issued by the town ...


3

Yes. An HOA covenant binds successors to the owners who make the HOA declarations and establish the relevant covenants. Generally, there is a process in the HOA rules by which a supermajority of owners can disband the HOA, but otherwise HOA rules automatically bind successor owners, whether they agree or not. Fines imposed by an HOA member by an HOA ...


3

Unfortunately, there is the law answer, and there is the family answer. The law answer is fairly straightforward - she deeds the land to you, and you leave it your husband if you precede him in death. The family answer is different. Many families have been torn asunder by inheritance issues. Your siblings seem to think they deserve a share, which is ...


2

I would expect so. HOA rules would be enforced by a covenant which "runs with the land" and is binding upon all successive owners, regardless of how they acquire the property. There is some general information at http://realestate.findlaw.com/owning-a-home/creation-and-termination-of-cc-rs.html. The main reason to have such covenants is that since every ...


2

This is normal: the executor is supposed to create estate accounts, rather than pretending to be the deceased (e.g. writing checks on the deceased's account, signing as the deceased), and it is reasonably likely that a bank would insist on this. The nature of this DA Davidson account is not clear (is there no estate checking account from which expenses can ...


2

Oregon's probate laws apply since your mom would have be "domiciled" there upon her death. A probate case has to be commenced to distribute the money. A notice should have been sent to you when it was commenced, although it is possible that your sister is deliberately delaying opening up a probate case for strategic reasons to avoid some of the creditor's ...


2

@DM's answer is correct, but maybe not as straightforward as the OP might prefer. Usually a disclaimer is made by giving timely written notice in proper form to the person who is in control of the inherited asset (using the word "inherited" in a broad non-technical sense) within the time allowed by statute. But, this can only be done if the rule that is ...


2

“The right to disclaim property or an interest therein is barred by…”? This phrase means that you cannot disclaim something if one of the listed things happens. I think maybe it means that the only way to disclaim is to (a) disclaim the specific thing in writing, That's not necessarily the only way, because the law also says: This section does not ...


2

Benefits from life insurance can go directly to a named beneficiary: there can be primary and secondary beneficiaries, and co-beneficiaries. If all of the primary beneficiaries are all dead, the company will check on the secondary beneficiaries. If there are no surviving secondary beneficiaries, the benefits go to the estate and are subject to probate. If a ...


2

There was no divorce in Ireland between 1937 and 1996 Before 1937, the Irish Free State inherited the divorce laws that were then in force. These required an Act of Parliament (which was ludicrously expensive and therefore not available to someone of Finnegan's means) or annulment (which is strictly speaking, the official recognition that a marriage never ...


2

In general, the father can write and rewrite his will however he likes There is a rebuttable presumption that agreements between family members are not intended to create legally binding contracts. Absent documentation stating the opposite intention the father's "deal" with his kids can be changed at any time or abandoned altogether and he can leave the ...


2

Apparently the executor needs to list all insurance proceeds on an IRS form. But it is only part of the taxable estate if it pays to the estate or u see a complicated second case “Insurance receivable by beneficiaries other than the estate. Include on Schedule D the proceeds of all insurance on the life of the decedent not receivable by, or for the benefit ...


2

Yes, the mother inherits the estate Note that the estate is not "everything".


2

It depends upon how the property was titled at your dad's death. If the property was titled as joint tenants with right of survivorship, the title transfers to your mom by operation of law, and you would ordinarily record a certified copy of the death certificate along with an affidavit establishing that the person named in the death certificate and the ...


2

It depends, for example it depends on local law, how the estate was passed on, and who legally owns the property. One scenario is that A steals jewelry from B, A dies and wills it to C. B has a legitimate legal claim to the property and can file a timely motion to recover the property (since A's personal representative published the standard announcement ...


2

"British law" is a misnomer as inheritance law is very different in Scotland compared to England, Wales and Northern Ireland. In English and Welsh law, a person can bequeath his property to whom he likes. However, relatives, dependants and others can challenge someone's Will by going to court and claiming 'reasonable financial provision' from the ...


2

In the US and probably most if not all common law jurisdictions, this means that all of the siblings enjoy equal rights to the property. There are different kinds of ownerships, including tenancy in common and joint ownership. Whatever the case may be, one or more of the co-owners cannot confiscate your property, so they cannot remove your claim. They also ...


2

Yes, you can do so by filing a civil action for partition. In these matters, any partial owner of a property can seek a judgment from the court in the jurisdiction where the property is located, which judgment orders the property to be sold and the proceeds divided proportionally between the owners. The procedures, and costs, and possible sideways trips to ...


1

There is a tradeoff between the delay and administrative costs associated with the Spanish equivalent of a probate proceeding, and the limitation of liability for the debts of a decedent that the proceeding can provide. If you take the assets "pure and simple" you have to assume all of the decedent's debts with them, even if it might turn out that those ...


1

It depends, mildly, on jurisdiction. In the US, there has been a political program of encoding common law principles into statutes. As an example, Arizona has a "slayer rule" statute, which states that A person who feloniously and intentionally kills the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including ...


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