55

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 ...


26

German law applies As your mother was a German national, German law applies to all her property worldwide. US state law applies As your mother was a permanent resident of a US state, its law applies. Conflict of Laws It is unlikely (read impossible) that you will be able to comply with both laws simultaneously. You, therefore, have a conflict of laws ...


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 "...


15

It is complicated. The US (state) law and the German law both have rules on conflict of laws. I can only deal with the German part: The deciding law is the Regulation (EU) No 650/2012 for the applicable law in matters of succession. The deceased did not choose a law. Art. 21 § 1 says: Unless otherwise provided for in this Regulation, the law applicable to ...


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.


7

If the parents own the house (as shown on the official deed) it will go as they leave it in their wills, or as the local law for intestate inheritance (no will) directs. Who paid all or part of the down payment will not matter. If the intent was for that to matter, then the child who provided the down payment should have been listed as partial owner, or some ...


5

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 ...


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 ...


5

If we restrict ourselves to legal options, he can hire a lawyer, which is what he should have done rather than "ordering a DNA test". As a general rule, the minute you get served with a lawsuit, you should hire an attorney, especially if you are a billionaire. He should not volunteer to get in this position by volunteering for the test. But given ...


5

I think the key word here is "assume". A person, N, who is clearly the next of kin of a recently deceased person D may not assume that s/he is D's sole heir, or indeed is D's heir at all. N must wait until D's will (if any) is known, and an executor or administrator is lawfully appointed. Only the executor may lawfully dispose of D's property, by ...


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

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 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 ...


4

It would have been super beneficial if your mom had had a will in the shape of a Berliner Testament, which puts the spouse as the only inheritor and disowns everyone who could inherit in the 2nd degree (parents, siblings, uncles). Every child that requests their Pflichtteil (obligational part) will usually only get a diminished part from the later dying ...


4

With testamentary succession, the matter is simple: do what the will says. Religion aside, the Indian Succession Act, 1925 says As to what property deceased considered to have died intestate.—A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect. Illustrations (i) ...


3

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 ...


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 ...


3

Since Harlan Thrombey is not married at the time of his death, his children (Walt and Linda, but not Toni, who is his daughter-in-law) are entitled to some of the personal effects from the estate. Section 2-403 of the Massachusetts Uniform Probate Code: The decedent's surviving spouse is entitled from the estate to a value at date of death, not exceeding $...


3

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 ...


3

Each country will apply its own choice of law rules. The U.S. rule is that everything other than real estate and business assets not owned by an entity (especially leasehold rights and business licenses), is governed by the law of the place where the decedent was domiciled at death. The main probate proceeding is conducted there. Real estate and select non-...


3

The will further states property shall be sold and offspring are to split the proceeds. However, the will does not specifically designate who inherits the property/deed. This is an instruction regarding who inherits the property. It means that the executor of the probate estate (in an official capacity), who takes title by operation of law upon appointment, ...


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

There are really two questions embedded in this situation. The first would be no different if the property in question were cigars instead of guns. If the stepdad really and truly gave the cigars to his stepson before he died, then that is the end of the story. The presence or absence of a will, and the existence of a power of attorney (which terminates ...


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 ...


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