Questions tagged [trusts-and-estates]
144 questions
23
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9 answers
Elder relative unwilling to change will to reflect current wishes
An elder relative, over 100 years old but with their mental faculties remarkably intact, has informed me after the death of their eldest child that I will be the executor of their estate. Let's say the estate's total value is more than $1 million…
ConfusedExecutor
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How can Rupert Murdoch be having a problem changing the beneficiaries of his trust?
I do not understand how Rupert Murdoch could be having problems (and a court fight) trying to change the beneficiaries of his (living) trust. Isn't it standard to include provisions in trust documents that allow the trustee or grantor to change the…
Cicero
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13
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3 answers
What rights does a dead body have? Can crimes be committed against one?
Say Nate the nutcase happens to find a dead body on the road. Being a nutcase, he takes the dead body, and does a bunch of "weird stuff" stuff to it (e.g. satanic rituals, maybe necrophilia, maybe ate one of the fingers, maybe some taxidermy, maybe…
chausies
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2 answers
Does a squatter's executor have tenant rights after the squatter's death?
In California, "Bob" was living rent-free for years in exchange for caretaking and minor repairs. There wasn't any written contract.
Six weeks ago, Bob's sister "Sue" began to spend substantial time at the residence during Bob's terminal illness.…
J. Win.
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11
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3 answers
Is the estate of a deceased person a legal entity?
This question is inspired by the discussion in the comments of this answer to another question. In those comments I claimed that the estate of a deceased person is not a legal entity and that it is the personal representatives (executors if testate,…
JBentley
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10
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4 answers
How can one be compensated for loss caused negligently by someone who dies in the process?
Consider the circumstance where an at-fault driver negligently collides with an innocent driver, but the at-fault driver dies.
Perhaps there is even evidence that the at-fault driver committed a crime in the process.
How can the victim be…
Tongee Tomlinson
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1 answer
Could cryonics "resurrections" be enforced?
Cryonics is the practice of freezing a newly-dead body, for a fee, in hopes that death can be reversed and the terminal disease cured in the future. Whatever the medical improbability, let's imagine that part eventually does work. Now to the legal…
Therac
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3 answers
Can an estate be a beneficiary?
My uncle was one of 4 beneficiaries of a large insurance annuity held by my recently deceased grandfather. My uncle passed away unexpectedly and tragically before Christmas leaving behind his wife whom is not a direct beneficiary.
The family…
maple_shaft
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votes
2 answers
Does the term “significant value” in general have an amount associated with it?
In relation to estate handling, the Petition for Letters of Administration form I’m filling out seems really vague about “other assets of significant value”.
Some things make sense like boats, cars, jewelry, while others are obviously insignificant…
Sam Washburn
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6
votes
2 answers
Do trustees have to confirm that you are a beneficiary of the trust if you ask them directly?
If I ask the trustees of a trust to confirm that I am a beneficiary, (which is what I believe to be the case), do they have to give an honest answer?
Franz
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1 answer
Does a property given to a spouse in a first marriage still get shared in a death after a second mariage?
Does a property given to a spouse in a first marriage still get shared after a death in the second marriage that was out of community of property with accruals?
Backstory
A husband was married to his wife for 20 years. The marriage ended on the 20th…
user15812
5
votes
1 answer
Why did the neighbors, rather than the beneficiaries, object to the property destruction in Eyerman v. Mercantile Trust Co.?
We studied this case in my 1L (i.e. first year of law school) property course.
I am curious about the background on this case. I would've expected that her executor or beneficiaries would've had an interest in seeing the property preserved, but in…
JoshuaD
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5
votes
4 answers
How is property in trustees' hands safe from the trustee's own creditors?
In the context of trust law, trustees are the legal owners of the property in trust. They hold it for the beneficiaries, who are the equitable owners.
Even though trustees legally own the property, what they can do with it is limited because they…
Greendrake
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5
votes
1 answer
What are the rights of an estate when a tenant dies in a rental unit?
My uncle died in January. He was renting an apartment month-to-month in Ohio.
We are in the process of cleaning out his belongings from his apartment. There will be an estate sale of the majority of his possessions at the end of February, the…
era
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What is the difference between trust and waqf in legal terms?
I am interested in understanding the key distinctions between a trust, which is commonly used in common law systems, and a waqf, which is a religious endowment under Islamic law. Specifically, I would like to know how their purposes, structures, and…
Behzad Rajaei
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