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 ...
- 186k
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, ...
- 8,368
34
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 ...
- 186k
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 ...
- 31.4k
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. ...
- 206k
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, ...
17
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 ...
- 186k
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 ...
- 206k
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 ...
- 186k
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 ...
- 186k
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.
...
- 186k
14
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 ...
- 206k
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 ...
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 ...
- 112k
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 ...
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 ...
- 5,533
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 ...
- 186k
7
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.
- 192k
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 ...
- 186k
6
votes
What happens to the possessions of a deceased Jane/John Doe?
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 ...
- 28.6k
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 ...
- 206k
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 "...
- 4,082
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 ...
- 206k
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, ...
- 206k
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.
- 206k
6
votes
Accepted
Probate vs Non-Probate Assets for Wills
I believe non-probate assets are specific gifts you call out -- in the
Will -- that are designated for specific beneficiaries. Little Jimmy
gets the old pair of lucky Yankees socks, Little Suzie gets ...
- 186k
5
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. ...
- 186k
5
votes
What are the consequences of forging a will, in common law and in civil law?
australia
Up to 10 years in prison
Part 5 of the NSW Crimes Act 1900 deals with forgery and s253 specifically deals with making a false document - it doesn't matter if that false document is a will ...
- 192k
5
votes
What are the consequences of forging a will, in common law and in civil law?
In General
Forging a will, or coercing someone to sign a will or any similar document would be a serious crime in pretty much every jurisdiction that I have heard of. The exact penalties and legal ...
- 112k
5
votes
Can an estate be forced to sell real estate to cover debt if the home was bequeathed to an adult child?
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 ...
Only top scored, non community-wiki answers of a minimum length are eligible