You may be interested in a recent New York Times article, "The Lonely Death of George Bell", which described in detail the case of a man who was found dead in his apartment (of natural causes). It took a long time for him to be positively identified, and no near relatives could be located.
Affairs were handled by a city official called a "public ...
Who owns a dead body?
No one, in common law countries human remains are not property and therefore have no owner.
Who is responsible for disposal?
It varies by jurisdiction.
For example, in NSW, Australia:
When the deceased has appointed an executor in their will, it is the executor’s responsibility to organise the funeral. The executor ... is ...
Whether or not the estate has an obligation to pay the mortgage is really dependent on the terms of the estate plan and the solvency of the estate. The fact that someone is on the deed to a property (whether a deed of gift or a transfer on death instrument) that automatically passes upon death of the original owner to a relative has little or nothing, ...
Can the renter declare the contract to be void because of the death of
the only other party to the contract?
No. The estate of the decedent steps into the shoes of the decedent and the executor of the decedent's estate can enforce the lease.
What if one of the heirs comes to the renter and tries to add
The heirs do not have ...
Signing a will, as with any other document, is intended to represent a voluntary choice to assent to the document. In the case of a will, a valid signature by the testator expresses the testator's intent that his or her estate be governed by the provisions of the will.
Signing using the hand of an unconscious testator (or an unwilling one) would be an act ...
When a person dies intestate, California law (or the law of any other state) does not allow a presumed heir to unilaterally legally take over the estate, or part of the estate. This most likely involves a court procedure to decide who gets what. However, if all parties agree, it would be possible for one or more heirs to occupy the house without them owning ...
While the state, or a creditor, can initiate a probate if no one else does (if the state does so, the official in charge of this is called the "public administrator"), neither are required to do so. Also, sometimes a guardianship is converted to a probate, but this doesn't appear to have happened.
This is a thankless job that probably doesn't make sense to ...
Judges often issue orders and warrants that require people or entities to transfer property from one party to another. For example, a search warrant allows law enforcement to seize personal property. A garnishment requires an employer to transfer a worker's wages to someone else. A judgment can affirm that property was stolen and thereby invalidate what ...
Not really. Your first step should probably be to hire a private investigator to do an asset search for you.
Real property records in the United States are maintained on a county by county basis and there are roughly 3000 counties in the United States (in Louisiana, a county is called a "parish"). There is not even a centralized ...
If everything was set up correctly in the first place, it is probably unnecessary to open up either an informal probate case or a formal probate case, although it may be necessary to prepare a small estate affidavit. But, there aren't enough facts in your question to know for sure.
There are also a couple of documents that have to be filed or ...
What Is A Disclaimer?
A disclaimer is an unequivocal and irrevocable rejection of a donative transfer of property, such as a gift or inheritance, without providing any direction or guidance regarding who will receive it in lieu of the disclaimer beneficiary of the transfer.
In other words, even if someone leaves you something in their will, you can refuse ...
In most civil-law countries, including France, a testament must follow very specific forms. It must be either handwritten (holographic will) or confirmed by a notary (authentic will, mystic will). Both possibilities preclude wills as video.
Laws vary by state, but usually the decedent's estate is responsible for the funeral expenses. If a loved one pays because the estate has no immediate cash, they can usually demand reimbursement from the estate later.
States also have very specific rules about who is permitted to claim a body and make funeral arrangements and what to do in the rare case ...
It is worthwhile I think to see how this works in a different jurisdiction.
In Australia all land titles are based on the Torrens principle of registration, that is, the information held by the registrar in each state or territory is definitive and the state is responsible for any errors that it makes in failing to keep the title correct.
This principle ...
You need to apply to be a guardian, not a conservator. A conservator can be appointed by someone who's competent only, and you've stated that she isn't. I'm not sure that you need a lawyer yet, but your first step may be to read this PDF, a guide to guardianship published by the office of the Ohio Attorney General.
Usually, a will cannot be probated in time to address disposal of the body and the decision is usually left to next of kin.
More often than not, the person who takes initiative and gains practical control of the body first ends up deciding.
It is very rare that the matter ultimately gets decided by a court, and while some jurisdictions, such as Kansas, ...
According to an article on SFGATE.com:
There is no guarantee Reiser will ever be a free man again, Goodman
pointed out. The state Board of Prison Terms must determine whether he
is eligible for release. The earliest he can go before the board is
Reiser confesses to strangling estranged wife, August 30, 2008
So, to answer the questions:
@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 ...
“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 ...
No. Death does not terminate a lease (unless the lease expressly provides otherwise), so your estate would be responsible for closing it out.
A lease becomes the property of and an obligation of a decedent's probate estate upon death.
If there is money owed under the lease, ordinarily a landlord would have to make a claim in the probate estate, rather ...
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 ...
... are there any concrete rules which would render this document invalid?
It would be invalid if:
it was a forgery,
the consent it represents was obtained via undue influence.
The onus of proving either would be on the person challenging the validity of the document. This would normally be the executor of the estate which obviously poses conflict of ...
Yes. There are two different meanings of "to execute" in law. Also note that terms can vary in different jurisdictions. In the UK, most people wouldn't use 'to execute' when signing a Will - they'd just sign it.
1. To bring a written document into effect.
Any mark made by the testator on the document validates the will,
provided that they intended it ...
IANAL and can't speak to Texas, but I have filled out insurance forms in California, which is also a Community Property state. CA case law is that life insurance where premiums are taken from Community money is Community Property. I believe TX follows the same rule. The husband's share can not be reduced below 50 percent without his permission. The insurance ...
An inheritance has to go through probate if there are any probate assets (i.e. assets that do not have a beneficiary designation or survivorship provision) the belong to the decedent, subject to some very narrow exceptions where there is no will, none of the assets are legally titled, and the amount is minimal in which case a probate substitute involving ...
It appears that the statute names the executor of the personal
representative's estate as the "default" successor executor.
This is a situation we want to avoid. Instead, we want to have one of
the initially named co-executors be ready to immediately step in.
Can this be done? Via a form? (I wasn't able to spot the one that
An executor can do anything with the property that the previous owner could subject to following the instructions in the will.
However, the executor mast act in the best interest of the beneficiaries - not in accordance with their requests. Engaging in property development, even simple property development like obtaining planning permission, would be ...
Is there any way to file a will in Massachusetts?
There is no way to file a will in Massachusetts before someone has passed. However, some states, such as Washington, allow you to file a will under seal before someone dies. See RWC § 11.12.256.
What is the standard method of ensuring that the will is not lost or
The standard method is ...