When someone passes away, all of the real estate and personal property that they currently own individually becomes “estate property.” This means that, until the property is distributed to the deceased’s heirs and beneficiaries, their assets are simply considered to belong to the estate. Estate property includes personal property like cash, stocks, vehicles, clothing, furniture, …
When you purchase life insurance, you may designate a beneficiary to receive the proceeds upon your death. You can name a single beneficiary if you choose to do so. However, it is advisable to name a primary beneficiary and then one or more “contingent” beneficiaries to receive the proceeds from your life insurance policy if …
To file an objection, you or your attorney must submit an Objection to Probate Petition to the probate court where the petition for probate of the will was filed. In doing so, you will need to follow the local filing rules for that court. Because objecting to probate and contesting a will typically involves technicalities …
If your adult siblings refuse to leave your deceased parents’ house, there are legal actions you can take. The appropriate course of action for your situation will depend largely on who inherited the home. For instance, if the sibling did not inherit the home, whoever received ownership can pursue an eviction. However, under Texas law, …
How Do I Get My Siblings Out of Our Deceased Parents’ House? Read More »
Tortious Interference with Inheritance Rights is a type of lawsuit that is only allowed in certain states. This cause of action allows a plaintiff to sue a defendant who intentionally prevented them from receiving an inheritance or gift through fraud or coercion or undue influence. To succeed in a tortious interference with inheritance rights claim, …
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When people pass away, they often leave behind bank accounts, investments accounts, retirement accounts, real property (homes, rental properties, etc.) and other personal assets as inheritance for their survivors. But how do two or more siblings divide up inherited real estate and other property? This question has caused countless family quarrels. However, you can take …
How To Divide Inherited Property Between Siblings? Read More »
Once your position as a beneficiary of an irrevocable trust (after your loved one passes and their revocable trust becomes irrevocable, for example) vests, you have the right to receive a copy of the trust documents. The trust document operates like a contract and will spell out your rights and the trustee’s obligations, as supplemented …
If you think that your loved one’s wishes are not reflected in the terms of their trust document or the way it is being distributed, you may have the right to challenge the trust in court. However, only certain individuals can fight a trust and even then only on specific grounds. Here we’ll take a …
Upon losing her husband, the determination of what the surviving wife will inherit will be based on a combination of state law, the husband’s last will and testament, his revocable living trust, any irrevocable trusts, retirement account beneficiary designations, payable-on-death or transfer-on-death account designations, pre-nuptial agreements, post-nuptial agreements, and potentially other estate planning documents. However, …
When a Husband Dies, What Is the Wife Entitled To? Read More »
El testamento es un documento de planificación patrimonial muy importante. Cuando usted fallezca, su testamento guiará la disposición de su propiedad y activos. Usted también puede designar en su testamento a un representante personal de confianza para que supervise la administración de su patrimonio. Sin embargo, un testamento inducido o ejecutado mediante fraude no es …
En Florida, si alguien muere y deja un testamento válidamente ejecutado que dispone de sus bienes, al fallecer, los bienes usualmente se distribuirán de acuerdo a los deseos descritos en el documento. Sin embargo, si alguien fallece sin un testamento válido, las leyes de sucesión intestada dictan el esquema de distribución de los bienes a …
The trustee is the person who manages all the property and assets that are included within a trust. A trustee has a fiduciary duty to act in the best interest of the trust and its beneficiaries. Individuals and couples often decide to put some or all their assets into a revocable living trust for estate …