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34

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, the estate includes both your mother's assets (cash, house, car, and so on) and her debts. In general, to "settle the estate," the executor must pay all ...


17

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 Uniform Commercial Code allows a defense in to deficiency claim debt such as this one that the method of the sale of the collateral was unreasonable, but this is ...


16

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 are to be paid in: funeral expenses are high on the list, last-illness debts are lower but still ahead of "everything else". §44-1-17 though -21 cover ...


14

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 car had been sold for some amount (assuming that didn't take the car in full payment of the debt). The creditor is not limited to legal proceedings against the ...


12

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 other assets are saleable, that will suffice. Second, the estate does not necessarily need to sell the house. It could, for instance, mortgage the house to obtain ...


6

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.


6

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 "against public policy" - where it's against the public interest to consider the condition valid. e.g: encouraging someone to commit a crime; inducing the ...


6

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 siblings. It is virtually guaranteed that the mortgage-holder will get their share – you can't just sell a house with a mortgage and run. In the meantime, the ...


5

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 ...


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

Yes, you can surrender your duties as executor to the state. However you can forget about anything that may have come to you after debts are paid, as the state's lawyers expenses will eat up everything. It might be worth it, however, just to be rid of the mental stress, the huge amounts of time and paperwork, and the risk of getting something wrong and ...


4

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 not bound ...


4

Short Answer Not really. Your first step should probably be to hire a private investigator to do an asset search for you. Longer Answer 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 ...


4

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, ...


4

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 ...


4

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 ...


4

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 ...


4

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 additional conditions? The heirs do not have ...


3

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 ...


3

Short Answer 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 ...


3

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 to ...


3

No. 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.


3

@motosubatsu does a good job of starting the analysis. I'll supplement it a bit. The Perpetuities and Accumulations Act 2009 is the primary limitation on the allowed duration of non-charitable restricts in a will or a trust. In a nutshell, property can be tied up for one person's life plus 21 years. But, it is much more complicated than that in the details. ...


2

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 ...


2

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 ...


2

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.


2

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, ...


2

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 2021. Reiser confesses to strangling estranged wife, August 30, 2008 So, to answer the questions: In ...


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 ...


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