In most states, in the process of creating a life estate an owner of real property conveys the property by deed and reserves a life estate for himself. The owner has effectively conveyed the fee to the land and title is now in the grantee. You, the life estate holder, have only the use of the land and the right to occupy it. You do not have the right to cause any damage to the property. You may need to ask permission to build a garage since the owners may consider it undesirable to attach a structure to the existing dwelling. If you built a garage on property for which you own a life estate you may be able to move it off the property during your life but only in such a way so as not to cause any damage to the property. If not then it is part of the real estate. You should seek the advice of an attorney in your area who can review your reservation of your life estate and any other rights you reserved to yourself in your deed. However, the bottom line is that your children own the garage.
I asume it went to her children.
Yes, the intestacy laws typically call for children to inherit. If the spouse is still living, the estate is split.
The estate is the beneficiary of a Wrongful Death action. The parents and/or siblings would inherit from the estate.
Dennis Hopper had five children from five different marriages. After his death in 2010, his children were involved in legal battles over his estate. Ultimately, his daughter, Marin Hopper, became the executor of his estate, and his other children received inheritances as well.
No. Not unless the children signed an agreement to pay the rent. The decedent's estate is responsible for their debts. If there is no estate the creditor is out of luck. Send a copy of the death certificate by certified mail and tell them to stop harassing you.
If your mother had a will then that will likely determine where her estate will go after her death. If not, then her estate will pass through intestacy in which the court goes down the family lines (husband, then children, then grandchildren, parents, siblings, etc) until there is someone to give it to. If your mother is still alive, I urge you to talk to her about drafting a will.
Your wife's will has nothing to do with your death - if you don't have a will, you will be subject to the intestacy laws of your state, which will determine who gets what. Now, if you die without a will, your wife will get the lion's share of your estate, so that when she dies, what was yours that became hers becomes part of her estate. If you're at all concerned about what is going to go to your children, call an estate attorney and draft a will.
Petition the court to open the estate. They can ask that one of the children be appointed as the executor. The court will issue a letter of authorization to the executor to inventory and clear out the estate.
The child is not responsible for the debts of the parents. The estate has to resolve all of these before they can close it out.
Not sure if the same applies worldwide but certainly not in the UK
A life estate is extinguished upon the deah of the original life estate holder. Therefore, one cannot leave a life estate to another person in their will. Generally, rights in a life estate can be transferred, however, they would expire upon the death of the original life estate holder.
"Death Tax" refers to an Estate Tax. If your estate is worth $1,500,000 or less the estate is exempt from an estate tax. I assume most indigents don't have an estate that is worth that much.