Inheritance Laws – Administration of Deceased Estates

Inheritance laws for deceased estates vary widely depending on the type of decedent and their financial situation. To help you navigate these issues, read this article for tips on the Administration of deceased estates. Learn about Letters of Administration, Inventory, and Unpaid burial and funeral expenses. Once you’ve understood the rules, you can prepare for the next step in the process. Listed below are some of the most common legal issues that you’ll face as the executor of a deceased estate. For more information about deceased estates, check out Williams_Legal now. 

Administration of deceased estates

deceased estatesIf you are the executor of a deceased estate, you are required by law to get Letter of Administration from the court. This document grants you the legal right to collect the decedent’s assets, settle debts, pay funeral expenses, and distribute the estate. To start the process, you must visit the clerk of court. Bring a copy of the decedent’s will, certified death certificate, application, and preliminary inventory of the decedent’s assets. You must also pay a filing fee of $120. You will need to fill out these forms and submit them to the clerk of court. Then, you will need to prepare estimates for distributing the estate to the heirs and devisees.

Letters of Administration

A letter of administration is issued to the person designated as the administrator of a deceased person’s estate. The letter explains the estate settlement procedure based on the state’s intestate succession law. Letters of administration are typically required by banks, brokerages, and government agencies. According to Cornell Legal Information Institute, the surviving spouse has priority over other beneficiaries and age does not preclude the applicant from serving as a fiduciary.

Inventory

An inventory of deceased estates should contain the values of each asset that belonged to the decedent at the time of his death. The value of each item should reflect the fair market value at the date of death. This value is the price that a non-relative would pay for the item on the open market. For unique items, a professional appraiser may be necessary. Otherwise, all assets should be reported at their fair market value on the date of death.

Unpaid funeral and burial expenses

The surviving spouse and children of a deceased person may be entitled to payment of burial and funeral costs from the deceased person’s estate. While the estate does not cover funeral costs that are beyond the control of the family, it will usually pay the funeral home. Children and other family members may also contribute money to cover these costs. The surviving spouse usually manages the funeral planning and payments. Unpaid funeral and burial expenses for deceased estates can be a difficult burden to shoulder. For more information about deceased estates, check out Williams_Legal now.

Statute of limitations

Massachusetts has a statute of limitations for settling a decedent’s estate. This law applies to any claims or debts incurred after the decedent’s death. The statute applies to both personal injury and property damage, but it also applies to debts incurred by heirs or creditors. In Massachusetts, however, the statute of limitations for deceased estates has changed to a one-year period.

Taxes

There are several ways to minimize taxes on a deceased person’s estate. For example, if the deceased owned a farm, gains on the sale of the property would be exempt as long as the business remained in the family. The gain on non-liquid assets, such as stocks and bonds, would be taxed at a lower rate if the owner held it until the date of death. However, if the deceased’s estate contained a high percentage of stock and bond investments, taxes would be payable over a 15-year period.

Notice requirements

When a person dies without a will, it is important to notify those who are entitled to inherit the estate. This list will include the names, addresses, ages, and degrees of kinship of the heirs. The spouse is listed as an heir and the decedent’s children, if any, are also named. If the decedent has no surviving spouse, a personal representative is required.

Tips For Bidding on Deceased Estates

A common mistake people make when bidding on deceased estates is to make a bid with preconceptions. They think they can get a great deal, but that could easily lead to a mistaken inversion of the price. Be sure to review our tips for bidding last month to ensure you don’t overspend and end up in the red. Once you know the basics, you can go into the auction with a cool head and a level heart.

Property passes automatically to a surviving spouse when a joint tenant dies. If the property was owned by more than one person, the surviving joint tenant inherits his or her share without any legal action. The surviving joint tenant can also transfer the real estate or utilities to a new name. The joint tenant’s share of the estate is not considered an asset in the deceased estate. Therefore, joint tenants should not rely on a deceased estate will to distribute property.

Buying a deceased estates at an open auction is a great way to invest in real estate, and there are several reasons to consider this investment. First of all, buying a deceased estate can be exciting for a first-time buyer. Oftentimes, these estates are priced well below market value, so the odds are in your favor. If you don’t mind paying a bit more than the property is worth, buying an estate can be an excellent investment. For more information about deceased estates, check out Williams_Legal now.