The estate of the deceased should be directed through a Probate Court proceeding shortly after death, with the property distributed per the Probate Court according to the terms of the Will.
How Do I Transfer Assets from my Deceased Parents’ Trust to Myself?
If a Living Trust document allows the property it holds to be distributed to the heirs following the death of the donors, the Trustee named in the Trust would simply execute a Quitclaim Deed transferring title of the property from the Trust to the beneficiary or beneficiaries named in the Trust.
What Are Considered Small Claims in Chapter 7 Bankruptcy?
“Small Claims” is typically a legal case filing or court judgement for a small dollar amount (i.e., a case with a value in dispute that is easier to file and pursue in small claims court vs. common pleas court).
Must a California Will Be Notarized or Are Two Witness Signatures Sufficient?
Two witnesses signatures on a Last Will and Testament suffice to make that document legal and valid in the state of California.
Can a Will’s Executor Override the Stated Distribution?
Certainly not. The Executor of a Will has a legal, fiduciary duty to distribute the assets specifically as directed within the Last Will and Testament document. If an Executor fails to follow the Will’s instructions, a petition may be made to the Probate Court.
How is Property Not Mentioned Specifically in a Will Distributed to Beneficiaries?
Typically, a well-written Will has a ‘remainder’ clause that distributes all assets not specifically gifted to a named beneficiary. If such a remainder clause does not exist in the Will, the Probate Court will typically direct the distribution per state law.
How Long is a Power of Attorney Document Valid After the Death of the Maker?
A Power of Attorney document is effective only while the person who created the document is alive. When the maker (called the Principal) dies, the document is no longer valid and grants no authority.
If My Landlord Dies and a New Owner Takes Over, Is My Lease Terminated?
In most cases, and depending upon the language used in the lease, the death of the lessor would not cause the lease to be terminated.
Can Any Relative Keep an Asset Found After the Close of Probate on a Will?
No, claims to newly found assets should not be made unilaterally, even after the close of a probate case for a specific Will.
Can a Land Contract Seller Cancel the Contract if the Buyers Divorce?
Contract terminations (including those in a Contract for Deed, more commonly called a Land Contract) are typically only valid for a breach of a specifically stated term.