After a person’s death, their money or property has to be handled by an executor or an administrator — in Utah we call them personal representatives. He or she is the person who is supposed to take care of the taxes and debts for the deceased person, and then distribute his or her money among the people entitled to it.
Therefore, an estate when someone dies is the property or money he or she leaves behind. Read on to get more answers on the questions you might be asking yourself concerning what an estate is when someone dies.
Who is an executor or administrator?
An executor is a person who deals with the deceased estate if he or she left a valid will. An administrator is a person who deals with the deceased estate if he or she left an invalid will or no will at all. An administrator can be chosen and appointed by the court before they take any move concerning the estate of the deceased person.
How do you access a deceased person’s estate?
In a situation where the deceased left a lot of money, property, or assets in their estate, the executor and the administrator are tasked with applying for a grant of representation to gain access to the money — the application for the award is usually made to the probate registry.
In a situation where the deceased left a valid will, the Probate Registry will grant probate of the will. On the other hand, if the deceased did not leave a valid will or failed to leave a will at all, the registry will give a grant of letters of administration.
What Is Estate Tax?
There are states which have to pay an estate or an inheritance tax. Either a part or the whole of it must be paid before the court decides to issue a Grant of Probate or letters of administration. The deceased may as well be owed a tax rebate or may be required to pay some tax.
As soon as the death occurs, you can contact Ascent Law who will give you information concerning the next steps that need to be taken and if there needs to be paid any type of estate tax and whether there is any need of filling a self-assessment tax return for the deceased.
What Is Property Of The Estate?
Property entails shares, antiques, and works of art, houses, jewelry, and general real estate. It can also include intangible property like copyrights and patents. In a situation where the deceased held their wealth in their sole name, and then they left a valid will dealing with the property, then the property will usually pass in line with the will. If the deceased left no valid will or a will that did not deal with the property, it is dealt with under the law of intestacy.
If the property of the deceased was held with other people, the executor or the administrator is needed to find out how the property was owned. If the property is a house, a written document should be present as proof about the ownership of the property. If the property of the deceased is sold at a gain, then a capital gains tax will be imposed if the profit gained is above the market value at the date the deceased died.
What About Jointly Owned Property?
In a case where the deceased owned property worth another person or with other people as beneficial joint tenants, the deceased person’s share goes to the joint owners who are alive by default. Any property possessed by joint owners does not become part of the deceased person’s estate upon their death. However, the value of the dead person’s share is usually part of the value of the estate for inheritance ta calculations.
In a case where the deceased owned the property with other people, his or her are of the property becomes [part of the estate and the executor handles it under their terms indicate in the will or as reported by the administrator as stated in the law of intestacy. Administering the estate is expected to be complicated and looking for independent legal advice is highly recommended.
In a case where the deceased was receiving any benefits, the social security agency should be notified as soon as possible. If the dead person was a blue badge holder, the badge should be taken back to the blue badge unit
Before distributing the estate, you have one year to sort it after the death of the property owner. After a year is passed, you can be held liable to account for any interest accrued on any undistributed assets. Remember that all the bills, taxes, and debts have to be settled before you get to share any property, belongings, or money which remain after the person’s death.
If the deceased left a small amount of money in their estate, you might not be necessitated to acquire a grant of probe or letters of administration to make withdrawals from the deceased’s account in the bank or any financial institution. This can be very useful if this money is required to pay for the funeral expense like a mortgage or house insurance.
Every bank or financial institution usually has a specific set of rules on the documents needed as proof so that the withdrawals can be made. They also have provisions to dictate the timeline in which the withdrawals should be made.
In a case where the deceased person had multiple bank accounts, each with a small amount of money, but exceeding the given limit, it may still be possible to acquire the funds without having to present letters of administration or probate. Every individual bank or financial institution will decide to release the funds or not release it to the person acting in the estate of the deceased.
If a bank or financial institution does not need you to have a grant, the acting person in the estate of the deceased may be necessary to sign an indemnity. This is purposed to protect the financial institution or the bank in case it later turns out that the money was paid to the wrong person.
What happens to your mortgage when you die?
According to the U.S Bureau of Labor Statistics, 30% of Americans aged between 65 and 74 years old still have a mortgage, and even some people who are 75 years and holder still have home debts. These numbers have increased since 2001. I will answer what happens to the property as well as the liability if it lands in the laps of the heirs.
Different scenarios may occur if you hold your home loan when you die. In case of sudden death or a foreseen death, there are various ways in which your death may catch your heirs. Here is a list of six scenarios
Your heirs may take over your loan
In most cases, federal law permits the transfer of the credit to a close relative or an heir once you die. In most of the home loans, there is a due-on-sale or acceleration clause that allows a lender to demand immediate and full payment upon transfer or sale of the home; however, removals due to death are exempt.
This is an indication that your heirs would have o take on your home loan with the same interest rate and the equal payment that you have. However, this does not just happen like that. There are legal procedures which have to be followed like filing a will or letters of administration on probate court.
Your heirs may refinance your home loan
If an heir decides to keep a home, in most situations, they will have to refinance the , especially if they are in a position to get a lower interest rate or reduced monthly payments. If the heirs are not financially stable to finance the new loan, they can always agree to pay every month and still keep the house.
You may make your relatives lucky if you have some estate. This estate may have enough funds to finance the mortgage or simply pay off the loan. You have to indicate in your will the assets that you possess and give directions on the way they can be sold to retire the mortgage. If you had a mortgage protection insurance policy, it would help a great deal by automatically paying off the loan balance. It is advised that you have the insurance policy if your relatives or the heirs are not financially stable enough to make the payments or afford a refinancing.
If the mortgage becomes too hard for your heirs to handle, they may decide to sell the home or walk away. And in most cases, heirs walk away when they cannot meet the burden. Mostly, the instances where the house is worth less than the balance on the mortgage, most heirs see walking away as the wisest decision. However, there are cases when there is a sentimental attachment between the heirs and the home. In such a scenario, you can always try to work out something with the lender and agree on new terms of payment. Some lenders may forgive some of the debts, but in rare cases.
A reverse mortgage is considered to be a lien to the home. When there is no co-borrower or the co-borrower is also dead or is no longer living in the home, the loan becomes due when the borrower dies. The heirs will only be able to inherit the house itself if the reverse mortgage balance can be paid off without having to sell the property. To achieve this, your heirs will be forced to pay off the balance together with the cash from the estate or another source or finally take out a new loan. The most expected outcome is that your heirs will inherit whatever equity is left after the home is sold and the lender gets paid.
It doesn’t matter what your heirs want to do with your home when you die. Even for the house that you have paid off and does not have a mortgage, it might be sold to pay off any other debts which you might have left behind. If the only significant asset you leave behind is a house, then some regions may require you to sell them off and pay off non-mortgage debts.
However, your heirs may avoid a forced sale by using their money to pay off any debts which you might have left behind, even though they may not be directly liable to what you owe unless you had cosigned with them. But all in all, the bills have to be paid. There is no shortcut to this, and any lender would want to see their bills settled.
Preparing for your death is not a fun thing. Even the thought itself scares yo off. However, it is in the best position that you make your relatives for life after your death. If you own property, assets of money, you will be in a good spot if you leave a directive on who should inherit it. However, that alone is not enough. You should make goodwill to pay off your debts if you had any so that your relatives will not be forced to stretch to their pockets to settle your debts. In case of any misunderstanding, an executor or administrator is a right person to handle your inheritance and distribute it well among your heirs to avoid scuffles.
An estate is a property you leave behind when you die. Ensure that you plan early enough for your relatives and loved ones. In case you have any debts, make it a point of giving directions on the clearance of the debt in a situation where you die. Plan early for your property and money.
Estate and Probate Attorneys in Utah Free Consultation
When you need legal help with a probate or estate case, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
8833 S. Redwood Road, Suite C
itemprop=”addressLocality”>West Jordan, Utah
84088 United States
Telephone: (801) 676-5506