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39 votes

Release my children from my debts at the time of my death

united-states Upon my death how do I physically write the actual release of debt without an attorney, so my children are not held responsible for my debts. You should hire an attorney for a few ...
ohwilleke's user avatar
  • 224k
35 votes
Accepted

What are the legal ramifications of a legally dead person turning up alive?

What kind of procedures would be necessary to undo the legal death? What happens to his property (note: the reanimated character is a young man with no written will)? If he's a renter, how long will ...
ohwilleke's user avatar
  • 224k
34 votes
Accepted

Can an estate be forced to sell real estate to cover debt if the home was bequeathed to an adult child?

I am sorry for your loss, and that you have to deal with bills on top of everything else. The quick answer is yes, you might have to sell the house to pay your mother's bills. As you probably know, ...
Just a guy's user avatar
  • 8,428
34 votes
Accepted

How should the inherited Italian property of an American who died intestate in Dominican Republic be handled?

Neither the Dominican Republic, whose legal system is modeled on Spanish law, nor Italy, have a common law style probate system. The affairs of a decedent (i.e. someone who has died) are generally ...
ohwilleke's user avatar
  • 224k
24 votes

Release my children from my debts at the time of my death

Not possible in germany To not inherit a debt in Germany, the heir has to declare to the state that they don't want to inherit this inheritance. This also excludes them from inheriting anything else ...
Trish's user avatar
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23 votes

What are the legal ramifications of a legally dead person turning up alive?

There have been cases where a legally dead person tried to come back from the dead, such as the case of Donald Miller in Hancock County OH, who was declared presumptively dead under ORC 2121.01. ...
user6726's user avatar
  • 215k
23 votes

Extent to which a will is holographic

Any answer would be pure speculation. Joint wills that provide for the property of two separate people in one instrument simply aren't done (not truly never, but almost never). N.B. Sometimes the term ...
ohwilleke's user avatar
  • 224k
18 votes

Is the estate of a deceased person a legal entity?

Good news: it behaves like a legal entity. An estate is a collection of assets and liabilities that belonged to the deceased. The collection behaves a great deal like an LLC or other legal entity, ...
Harper - Reinstate Monica's user avatar
16 votes

Can an estate be forced to sell real estate to cover debt if the home was bequeathed to an adult child?

You have to pay the debts from the assets that comprise the estate, to the extent that it is possible, but the executor has some discretion in how that happens. This law determines what order debts ...
user6726's user avatar
  • 215k
16 votes

is estate responsible for debt of car-loan co-signed by the decedant?

Yes, subject to the deadline for presenting claims to the estate of the decedent (within sixty days of publication of public notice). If a timely claim is filed against the estate, Article 9 of the ...
ohwilleke's user avatar
  • 224k
16 votes
Accepted

When an American citizen dies in Mexico without a will, which countries' probate law applies?

The default choice of law rule is that intestate succession is governed by the law of the place of domicile of the decedent at death (i.e. by the law of the state where someone resides in the U.S. in ...
ohwilleke's user avatar
  • 224k
16 votes

Clever Probate Fraud (UK) - How Did He Do It?

Who administers the will of someone who dies intestate, who has no family? There is a position known as the "public administrator" paid mostly from fees charged to probate estates in most ...
ohwilleke's user avatar
  • 224k
16 votes
Accepted

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. ...
ohwilleke's user avatar
  • 224k
14 votes
Accepted

Retroactive lack of testamentary capacity

A person must have testamentary capacity to write a valid will. This means that they must have knowledge of the nature and extent of their property, knowledge of the natural objects of their bounty, ...
user6726's user avatar
  • 215k
13 votes
Accepted

is estate responsible for debt of car-loan co-signed by the decedant?

A co-signer is equally liable for the debt, so the loan company can go after the grandson or your mother for the remainder of the debt. He would have gotten a letter from the creditor saying that the ...
user6726's user avatar
  • 215k
12 votes

Can an estate be forced to sell real estate to cover debt if the home was bequeathed to an adult child?

Yes, in theory, but pursue other options too Yes, in theory, the estate would have to liquidate property to cover those debts. In theory. First, it doesn't necessarily need to be the house. If ...
Harper - Reinstate Monica's user avatar
12 votes
Accepted

Are holographic wills really routinely thrown out by probate courts?

The page "States Where Holographic Wills Are Legal" from legal zoom lists some 26 united-states states in which holographic wills are valid, plus 9 more that will recognize such wills when ...
David Siegel's user avatar
12 votes

Release my children from my debts at the time of my death

In the united-states this happens automatically. Heirs are not responsible for the "debts of the father", unless they willingly co-signed or something really weird is going on. They just ...
Harper - Reinstate Monica's user avatar
11 votes

Release my children from my debts at the time of my death

The heirs must use the proper way in spain. As in (almost?) everywhere else, debts are part of the estate and your heirs cannot accept your assets without accepting your debts. But they can accept the ...
SJuan76's user avatar
  • 5,879
8 votes
Accepted

What to do with Grandad's Top Secret documents

The documents do not belong to you or your granddad: they belong to his former employer. Contact them and ask what they want them do with them.
Dale M's user avatar
  • 214k
8 votes
Accepted

In Arizona, if someone dies, are survivors legally obligated to post a public notice in a local newspaper?

The relevant statute is Arizona Revised Statutes Section 14-3801. It states: A. Unless notice has already been given under this section, at the time of appointment a personal representative shall ...
ohwilleke's user avatar
  • 224k
8 votes
Accepted

Extent to which a will is holographic

The will is not a holographic will, but not for any of the three reasons. In Texas, the Probate Code sets forth the requirements for a will and the exception for a holographic will. A holographic will ...
Wastrel's user avatar
  • 725
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 ...
ohwilleke's user avatar
  • 224k
7 votes
Accepted

What does the following mean in my dad's UK will?

It means that any property that is left over after, all other distributions called for in the will have been made, go into the THE [name of trust] FAMILY PROBATE TRUST.
ohwilleke's user avatar
  • 224k
6 votes
Accepted

What to do if you have a possible 'zombie' relative

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. ...
ohwilleke's user avatar
  • 224k
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 ...
user6726's user avatar
  • 215k
6 votes
Accepted

Unreasonable terms in a will

Conditions in a will are.. complicated. As a rule of thumb you can impose conditions but that doesn't mean they are always going to be upheld. Some will be ruled void where they are considered "...
motosubatsu's user avatar
  • 4,744
6 votes

My mother passed away without a will or a spouse we are now in probate, and my mother owes $80,000 on her home which is appraised for a 120,000

What happens when a person dies intestate is that the court appoints someone to be the executor. That person is supposed to settle the decedent's debts, and divide the remainder equally among the ...
user6726's user avatar
  • 215k
6 votes
Accepted

Is a voicemail proof of intent to leave an estate to somebody?

If this is Florida, then a will has to be written. If there is no written will, the estate falls under the law of intestate succession, part 1. Per § 732.502, every will must be in writing, signed, ...
user6726's user avatar
  • 215k
6 votes

Is the estate of a deceased person a legal entity?

A substantial wall of case law notwithstanding, according to the IRS, "An Estate is a legal entity created as a result of a person's death". So it depends in part on who you ask.
user6726's user avatar
  • 215k

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