54 votes
Accepted

How to protect assets from being passed to a beneficiary in a will when they are likely to die soon also

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 ...
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35 votes

What happens when a will conflicts with a new law (a law made after the testator has died)?

The will is overridden by the new law. Suppose the owner had not died: then he would have to comply with the change in the law. When a person inherits property, they gain the right to that property ...
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  • 165k
26 votes

Which countries' inheritance laws apply?

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. ...
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  • 157k
25 votes

What happens when a will conflicts with a new law (a law made after the testator has died)?

When there is "dead hand" control of something, the people living in the present have to comply with the law (although some land use regulations and some tax treatments are indeed ...
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  • 139k
24 votes
Accepted

Is there a restriction on who can inherit your wealth?

Generally a person can leave money to any person or organization that the testator pleases. In some US states, a minimum portion must be left to family (spouse and/or children). Aside from that, there ...
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  • 97.1k
21 votes
Accepted

What needs to be done if I'm inheriting a gun?

Conventional guns are not generally "registered" in America. (Only a few jurisdictions like NYC, DC, and maybe still Chicago, have laws requiring licensing of gun owners and registration of ...
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  • 20k
20 votes

Is there a restriction on who can inherit your wealth?

TL; DNR: Americans can bequeath money to the Afghan Taliban. Yes, there are many legal restrictions on what one can do with one's wealth. First, many states give a surviving spouse and children rights ...
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  • 7,977
18 votes
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Posthumous publishing

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 ...
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  • 165k
15 votes

Which countries' inheritance laws apply?

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 ...
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  • 743
15 votes
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Does the death of a party involved in the execution of a will mean that they do not inherit?

The common law rule was that to inherit you have to outlive the decedent from whom you are inheriting, and that the inheritance would pass to your estate if you died before distribution was made. ...
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  • 139k
9 votes
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What does "sever ties with" mean in terms of inheritance?

Legally, an announcement by one adult that s/he wants to "sever ties with" another has effectively no meaning. Presumably in the case mentioned the daughter intends to stop interacting with ...
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  • 97.1k
8 votes
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Stealing a wealthy man's sperm to collect child support

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 ...
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  • 165k
8 votes
Accepted

Does paying the down payment on your parents' home ensure that you will inherit the home?

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 ...
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  • 97.1k
7 votes
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UK inheritance: partner, sibling, child

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 ...
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  • 1,945
7 votes

Life insurance and taxes: Does a sole beneficiary need to tell other heirs? (Utah)

NO In most cases there is no tax owed by the beneficiary and it has, in any case, nothing to do with the estate.
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  • 8,020
7 votes

Who is liable for repairs upon death of landlord?

Your father's probate estate is responsible for the repairs (assuming that your father owned the property outright and not through an entity, in which case the entity would be responsible). To the ...
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  • 139k
6 votes
Accepted

Does an executor who is a child of the deceased have a legal right to begin processing of a property before the will is probated?

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 ...
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  • 165k
5 votes

Cash only inheritance process

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 (...
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  • 17.6k
5 votes
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Recourse if heir (assuming to be only heir) gives away items intended for other heir before the content of the will is known?

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 ...
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  • 97.1k
5 votes

Does the death of a party involved in the execution of a will mean that they do not inherit?

No, at least not in the jurisdictions I know. If she dies now, it's the same as if she had died before the parents: Her share will be distributed as if she had lived, which means it will primarily go ...
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  • 1,214
4 votes
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Do I inherit some portion of property if there's no will?

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 ...
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  • 8,312
4 votes

Inheriting a parents home with a right to use clause in the will

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 ...
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  • 97.1k
4 votes

Suing over unjust inheritance distribution

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 ...
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  • 1,149
4 votes

Which countries' inheritance laws apply?

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 ...
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  • 16k
4 votes

Is asking for quantification tantamount to challenging a will?

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 ...
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  • 165k
4 votes

Can the only legal heir refuse to inherit from his/her father in India?

A person can decline to accept an inheritance under the law of India. The mechanism for doing so depends upon the stage of the probate process at the time and the nature of the property, and often ...
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  • 139k
4 votes

What to do about missing power of attorney paperwork and issues with the title on our house

The mortgage company cannot grant you title. The basic logic of your relationship to the mortgage company is that you borrowed a bunch of money, using the hose as collateral, and you owe them that ...
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  • 165k
3 votes
Accepted

On Irish marriage property and divorce law circa 1939

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 ...
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  • 157k
3 votes
Accepted

Inheriting an HOA

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 ...
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  • 139k
3 votes

How can I protect my family land, my family relationships, and my husband?

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....
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  • 2,562

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