Law {legal affairs} is about housing, documents, death, marriage, divorce, and courts.
lawyer fee
Banks can suggest four or five good lawyers. Lawyer associations {bar association} can refer you to specialists. Courts can appoint a public defender lawyer to give free legal counsel in criminal cases.
Lawyers cost hundreds of dollars per hour and can charge extra for actual costs. Discuss lawyer's fee before getting legal advice. Fees depend on time spent, labor done, skill needed, money involved, possible client award, various customary charges for routine work, number of times that client uses lawyer, and office overhead. Office costs are typically 40% of gross income. In negligence suits, lawyers get nothing if they lose but a percentage if they win.
State or county documents {birth certificate} can state birth name, place, and date.
Nonprofit services {legal aid} can provide free legal advice and handle cases free.
People have the right to stop unreasonable searches and seizures {unreasonable search}. Police and other authorities need a search warrant, except when search accompanies arrest. People can waive these rights and allow searches {consent search}.
Land and anything permanent or immovable on land is special property {real property} {real estate, property}. Real property includes houses, buildings, swimming pools, and trees. Other property is movable or personal {personal property, not real}.
People can have right {appointment power} {power of appointment}| to choose someone to receive property.
People can live in apartments, condominiums, townhouses, and single-family houses {housing}. Buy or rent minimum-size house needed. Single persons may need one bedroom, one bathroom, one-car garage, and small kitchen. Families may need three bedrooms, two bathrooms, two-car garage, and kitchen with storage. Preferences can include floor plan, lot size, schools, supermarkets, businesses, highways, distance from work, maintenance required, town part, children age and number, neighborhood, and utilities. Think about noise level, pollution, traffic patterns, property value trends, tax trends, zoning laws, construction plans, and street plan changes.
buying or renting
People can buy or rent. If planning to stay in house for at least five years, it is better to buy than to rent.
To hold for buying or renting, people typically pay a small percentage of price or monthly rent {deposit}.
Maintaining homes {maintenance, house} {home maintenance} can check electrical, plumbing, and fastening problem areas.
checks
Check for corrosion, moisture, and mildew. Check roof, flashing, and other locations for cracks, loose pieces, and wear. Check all vents. Check basements, crawl spaces, foundation walls and floors, and concrete and masonry for cracks, heaving, and wear. Check overhang and beam ends {fascia, house}. Check under overhangs and beams {soffit, home}. Check chimneys for loose mortar. Check windows for loose sealants {caulking}. Check cement, sand, and water filler {grout}. Check putty {glazing}. Check fasteners. Check tile, window glass, and screens. Check weather-stripping. Check electrical wires and appliances for bad insulation, exposed wires, and wear.
clean
Keep plant growth away from surfaces. Clear all gutters and downspouts. Clean septic tank every two years. Change furnace filter every three months.
test
Check well water every year. Have professional heater inspection every year. Test circuit breakers and bathroom ground-fault-interrupter switches every six months. Test smoke alarms every six months.
painting
Check paint for wear and cracks. Paint peeling or blistering indicates poor insulation. Paint chalking is good. Homes need paint every three to seven years.
Property defects that were property owner's duty to repair can cause property owner to be liable {liability, home} for injuries to tenants or guests. Such defects depend on property type and lease terms. If owner did not know defects, property owner is not liable. States can require property owners to keep property in compliance with local building codes. Property owners are responsible for public areas, but leases can exclude liability for injuries in public areas.
Property ownership or possession can have a time limit {terminable interest}.
Buyers can insist on professional inspections {inspection, house} {house inspection} {home inspection} for damage and termites. Home inspection includes checking all functional and structural components.
structure type
Homes have structure types such as condominium or single-family home, level number such as two stories, lot type such as flat or sloping, age, and view such as on street or on common area.
exterior
Exteriors can have asphalt or concrete driveways and sidewalks, wood or metal fences and gates, fiberboard or aluminum wall coverings {siding, house}, wood trim, wood or metal window frames, waterproof electrical outlets and lights, metal or plastic troughs for water {gutter} {downspout}, sprinklers, faucets with threads for screwing on hoses {hose bib}, bells or chimes, skylights, chimneys, drainage slope, gas meter, water meter, electric meter, and foundation.
roof
House tops {roof} can have composition shingle, brick shingle, or metal. Roofs can be flat or sloped. Deflectors {flashing, roof} are around vents and pipes.
attic
The space under roof and above highest ceiling has wood or steel structure {framing} {truss, roof structure} to hold roof, boards across frame {sheathing, frame} such as oriented-strand boards or skip sheathing, loose or fixed fiberglass insulation, vents in gables or eaves, electrical wiring, and ducts.
patio
Balcony or patio can have roof, waterproof electrical outlets and lights, wood decking or concrete slab, and railings.
garage
Carport or garage can attach to house or not and can have metal or wood roof, walls, asphalt or concrete slab, windows, doors, waterproof electrical outlets and lights, and storage areas.
heating
Heating uses gas or oil furnaces or electricity {strip heater} {blower}. Gas heaters can have an electronic ignition system. Heaters can have a thermostat. Heat can be convection or forced air with vents and ducts. Furnaces have reusable or throwaway filters.
plumbing
Plumbing includes copper or plastic inlet pipes, iron or plastic outlet pipes, shutoff valve, faucets, sinks, disposals, fiberglass or ceramic bathtubs, shower curtains or doors, toilets, clothes washers, and dishwashers. Water heaters can be gas or electric and have a temperature relief valve, discharge line, cold-water shutoff valve, safety strap, and vent. Mineral deposits make popping sound when water is heating.
electrical
Electrical supply is 50 to 100 amperes at 110 or 220 volts. A main panel can have circuit breakers or fuses and a shutoff switch. Wiring can be copper or aluminum. Wiring has ground. Stove, oven, microwave oven, trash compactor, and vent fans can be electric.
smoke
Smoke detectors test for ions and particles. A sprinkler system can run through ceiling.
interior
Interior features are vinyl, wood, or carpeted floors, plaster or wood ceilings, plaster or wood or tile walls, single-pane or double-pane windows, and wood or metal doors. Interiors can have cabinets, shelves, laminated or stone countertops, hoods, and electrical outlets and lights.
Bathroom electrical outlets have protection {ground fault interrupter} (GFI) from shorting.
Rented-property owners {landlord} and renters can make written agreements {lease}. Leases state rent amount, occupation dates {tenancy}, rules governing property use, and rules governing tenant and property-owner actions. Leases are not necessary when renting for less than one year. After lease period, leases automatically renew month to month. Landlords can evict tenants without leases {tenant at sufferance} with short notice. Leases usually require a termination notice one month before lease end.
lease termination
If property owner does not perform lease or follow laws, tenant can terminate lease {lease termination}, with lawyer advice.
repair
Tenants can be able to deduct needed repairs from rent.
Property owners can evict tenants {eviction}|, for failure to pay rent or for lease violations, by going to court and asking to dispossess tenant. If tenant is not at court, property owner wins by default. Otherwise, property owner must show good cause. Property owners have right not to renew periodic leases and only have to give proper notice. Property owners cannot refuse to renew leases if tenants report housing violations to authorities.
Buying houses {buying house} {house buying} has many steps.
checklist
Before buying a house, check smells, sidewalks, roads, and traffic at rush hour and at other hours. Check noise inside and outside at rush hour and at other hours. Check natural light in rooms. Check heating and cooling type. Check stove and other appliance type. Check drawer, closet, and storage-room number. Check rug quality and cleanness. Check faucet noise and flow. Check leaks in pipes and faucets. Check toilets for seating comfort, drips, and noises. Check refrigerator size and type. Check handles and lights. Check doors and locks for fit and opening ease. Check doors for dead bolts. Check neighbor lifestyles, travel patterns, and nearness. Check termite or insect damage. Check inside walls for damage. Check brick cavity wall. Check insulation. Check roof for damage. Check upstairs and downstairs. Check stairs for creaks and damage. Check parking space location and size.
costs
Before buying, decide how much to pay for down payment, deposit, and monthly payment, including utilities, insurance, and taxes. Monthly payments for principal, interest, utilities, insurance, and taxes should not be more than 33% of family monthly income. Principal and interest monthly payment should not be more than 25% of family monthly income. Yearly home maintenance costs are typically 1% to 2% of home price. House price should not be more than two times family yearly income. Do not buy a house priced higher than average house in neighborhood. Check with banks, savings and loans, credit unions, mortgage brokers, and real estate agents.
search
Obtain financing. Then look for a house that has required features, using Internet, newspaper, real-estate agents, friends, and relatives. Most important is neighborhood, followed by school quality, average neighbor income, utilities, house appearance, crime rate, earthquake zone, and flood zone. Take time. List homes liked, with owner's name, price, utilities and other costs, location, and features. Try to buy in fall and winter. Try to buy a house that is among the cheaper houses in the best affordable neighborhood. Try to get a warranty, for new or old homes (ERA).
move-in costs
People typically spend 10% of house price to furnish it and fix it up {move-in cost}.
Owners can sell, using a purchase contract and following contract law, or agents {real estate broker} {real estate agent} specializing in selling real estate can try to find buyers.
Agent and owner define price and conditions, under which agent gets a commission {listing}.
types
Owners can offer a commission to any agent that sells house {open listing}. Only one agent can have right to sell a house {exclusive listing}. Owners can keep right to sell house, and then agent gets nothing {exclusive agency}. Agents can have guaranteed commission if house sells {exclusive right to sell}. Agents can ask other agents to find buyers {multiple listing}. Then both agents split commission.
period
Listing period is typically 60 or 90 days. Listing contracts automatically extend, unless you notify agent in writing.
To qualify for a mortgage, a qualified appraiser must estimate house value {appraisal}.
Written standard contracts {sales contract, house} can state house condition, conditions for selling or buying, guarantees, and payment method. Contract lists all items accompanying house. It has street address, lot number, section number, land legal description copied from official records, and official-record reference. It lists full names, date, price, and payment terms. It can have contingency clauses. It requires seller to give buyer guarantee that title is valid {general warranty deed}. It specifies that all actions will finish by a date {closing date} {settlement date} or in 30 or 60 days. It states who must pay transfer fees, state revenue stamps, prorated tax, water service fee, sewer service fee, heating, oil, insurance, and other costs {closing costs, contract} until closing date.
financing
It requires a deposit. Buyer must find financing, or contract is void and seller returns deposit.
Mortgages typically do not cover entire property cost, so buyer pays 5% to 20% {down payment} of price. Deposit counts toward down payment. Buyer pays down payment to escrow.
Parties give legal documents and money to a third party {escrow, house}, such as a title company,, who gathers all approvals, money, and documents for closing.
Buying a house has a final step {closing house sale}.
process
Lender's representative {closer} records deed and mortgage at county courthouse, gets title insurance in new owner's name, and mails document to buyer. Seller gets last payment from closer after recording deed and finishing financing arrangements. By closing or settlement date, financing, title search, title insurance, and deed are ready for execution and delivery to new owner.
After meeting all requirements, third party gives escrow documents and moneys to parties. At closing, parties correct defects in title. A statement {closing statement} lists transaction costs and determines income-tax deductions, rented-property depreciation, and capital gains.
Finally, sellers sign deed {execute deed} and deliver it to buyers, along with keys and copies of services and public utilities. Closing takes one hour. House sells when seller receives money and title transfers to buyer. Moneys {closing costs, housing loan} include down payment, loan amount, document fees, loan broker fees, title insurance, tax settlements, and other adjustments.
fees
Fees can be for loans, prorated taxes, credit reports, title reports, and title searches.
If an authorized agent finds a person that is ready, willing, and able to buy a house, seller must pay a fee or percentage {commission}.
House liens {mortgage} can be security for loans to buy houses. House buyers {mortgagor} pay moneylenders {mortgagee}. Mortgages have an indebtedness note and a property lien for debt security. Not making payments {default} cancels mortgage. Lenders have right to dispose of property by foreclosure, under court supervision, to recover lent money. Foreclosure proceedings have statutes.
types
Liens can have primacy {first mortgage}. Mortgages {open-end mortgage} can allow borrowing money in future without rewriting mortgage. Mortgages {packaged mortgage} can include household appliances, furniture, carpeting, and finance charges. Mortgages {construction mortgage} {home improvement mortgage} can require lender to pay costs to builder as construction stages complete. Mortgages {purchase money mortgage} {vendor's lien} can require purchaser to pay seller directly over a number of years.
title
States can give mortgagee title to property, but title cannot transfer until mortgagor completes payments and gains title {common law title theory of mortgage}. Most states give mortgagor title. For defaults, mortgagee has a property lien and right of foreclosure {lien theory}.
time
Loan length is typically 15 or 30 years.
insurance
Lender can require private mortgage insurance (PMI), to repay loan in case of job loss or other problem. Federal Housing Authority (FHA) and Veterans Administration (VA) can guarantee mortgages.
taxes
Mortgage interest payments are deductible from federal and state income tax.
Fixed or increasing monthly or semi-monthly payments reduce principal owed {amortization}|. If payments are constant, people pay off principal slowly at first, because payment is mostly interest.
Houses have value {equity, house}| above remaining principal owed on loan.
Lenders can pay real-estate taxes from accounts {escrow account}|. Lenders can pay monthly insurance fees {private mortgage insurance} (PMI), to insure loan payments, from escrow accounts. Monthly payments to lenders include these extra fees.
Lenders have right to dispose of property {foreclosure, house}|, under court supervision, to get back lent money. Foreclosure proceedings have statute laws.
Mortgages typically have a fee {point, mortgage}| to lender, which can be 1% or more, for originating mortgage and paper work, charged at closing.
Mortgages can allow paying off mortgage early {prepayment clause}.
Buyers can obtain second loans {second mortgage} on real property. Second mortgages are risky to lender, because first-mortgage mortgagee has first right to money. People can obtain second mortgages if borrower's credit is excellent or real-property value is more than both mortgages together. Second mortgages have higher interest rates.
County governments record that house and property real estate belong to someone {title} {deed to property}. Loan companies hold deeds until people pay off loans. Land ownership means having marketable certificate of ownership to land. Marketable title has value, which can have a guarantee {title insurance} that title has no legal defects and that requires company to go to court to defend title against unfounded claims. Real-estate transfers require title insurance. Title has a clear succession of landowners.
Before title transfer, people check official land records {title search} to find previous title owners, transactions involving the land, and unpaid taxes, to establish marketable title and to obtain needed releases. Independent abstract companies make title searches and write abstracts or digests of property histories. Title searches state opinion on title marketability, with releases and other legal proceedings.
Previous or apparent real property owners can relinquish all interest in property {release of property} {property release}.
Recording property history {abstract, title} {title abstract} ensures property ownership, location, and nature.
Title searches check past property ownership, to ensure that seller has full title {clear title} to land and house.
full ownership {fee simple}|.
Seller or owner can abandon rights to real property {quitclaim deed}.
States can give title {trust deed} {deed of trust} to trustee, who has no interest in the land or in either party. Trustee holds title for lender's benefit and forecloses if default.
Deeds {warranty deed} can say seller will defend title against other claims.
Turn off faucet water valve {faucet leak} {leaky faucet}. Replace rubber seal.
Open all hot-water faucets {faucet steam} {steamy faucet}. Turn off water heater. Run hot-water faucets until cool. Have professionals fix water-heater problems.
Walk fast out of house {fire, house}. Use ABC fire extinguisher {fire extinguisher} on small fires.
Cover pan fires {fire, kitchen} {kitchen fire}. For fires in ovens, keep oven door closed.
Do not use matches or electrical things {gas leak} {gas smell}. Turn off gas shutoff valve. Have professionals fix gas appliances or gas lines.
Turn off closest water valve for dishwasher, clothes washer, toilet, and sink or turn off house water-shutoff valve {leak, house}.
If neighborhood has power, but your house does not, check fuses and circuit breakers {power outage} {power failure}. Check for electrical short circuits.
Know shutoff-valve {shutoff, home} {gas shutoff valve} {water shutoff valve} and switch {electric shutoff switch} locations and how to shut them off.
For sink stoppage or overflow {sink stoppage} {overflow, sink}, turn off sink and dishwasher water valves. Use auger or funnel-cup plunger to unclog sink. Use chemicals only for slowly draining sinks.
Do not touch {sparks, house} {smoke, house}. Unplug appliance or turn off circuit breaker. Check for electrical short circuits. Check electrical plug and outlet for damage. Have professionals repair or replace.
For toilet stoppage or overflow {toilet stoppage} {overflow, toilet}, turn off toilet water valve. Use closet auger or funnel-cup plunger {plumber's friend} to unclog toilet.
Household hazards {hazard, housing} {household hazard} are asbestos, earthquakes, flooding, formaldehyde, lead, mold, radon, and wastes.
Natural fibrous minerals {asbestos, housing} do not burn, do not react chemically, and are good insulators. Asbestos was in plaster, sprays, roof materials, vinyl for floors, and insulation for walls, ceilings, boilers, ducts, and pipes. Asbestos can become powder, and friable asbestos fibers go into lungs.
Houses need protection from earthquakes {earthquake hazard} {seismic hazard}.
foundation
Houses with concrete slab foundations have no cripple walls or posts and typically already have anchors. Foundations can have anchors and anchor bolts or steel plates can attach sill plate to foundation. Foundation wood studs {cripple wall} can raise bottom floor higher above ground and create crawl space. Cripple walls can have plywood or diagonal wood strengthening. Concrete blocks with wood posts {pier-and-post foundation} can raise bottom floor higher above ground and create crawl space. Posts can have plywood or diagonal wood studs for bracing. Concrete blocks, stones, or bricks can be foundations. Brick and concrete-block masonry can have steel reinforcing bars in the grout.
other
Masonry walls have bricks, clay tiles, stones, concrete blocks, and adobe and need reinforcement with steel bars. Rooms over garages need bracing around garage door {garage door}. Water heaters {water heater} need a bracing strap attached to wall studs, to prevent tipping. Chimneys {chimney} need bracing.
soil
Earthquake shaking can cause soil liquefaction. Sloping soils can have landslides.
Houses should be above nearby lake and river water level {flooding, house}. Houses should not be in possible water-flow paths {flood zone}, such as below river or ocean levels or in channels.
Colorless water-soluble, organic-soluble organic-smelling gas {formaldehyde, housing} is in urea-formaldehyde and phenol-formaldehyde resins in plywood, particleboard, and oriented-strand board. Formaldehyde can be in paint, plastics, wrinkle-resistant-cloth resins, fiberboard, urea-formaldehyde foam insulation (UFFI), and photography chemicals. It is high in manufactured homes, mostly from composite wood.
powder or easy to powder {friable}|.
A heavy metal {lead, housing} was in gasoline and paint and is still in car batteries. Lead poisoning can result from lead in paint dust, exposed by sanding, scraping, peeling, chipping, chalking, and cracking. Lead can be in lead crystal, ceramic clays, bullets, and fishing weights. Traditional medicines can have high lead. Houses built before 1988 can have lead solder in water pipes.
Houses can have fungi {mold, housing} that break down organic materials. Molds can grow on wood, paper, and leaves. Molds look green, gray, brown, black, or white and smell musty and earthy. High mold-spore levels can damage roofs, beams, and floors. Flooding, leaky roofs, sprinkler spray, leaky plumbing, sink or sewer overflow, basements, crawl spaces, showers, cooking steam, humidifiers, and indoor clothes-dryer exhaust make moist places where molds grow. Mold spores can get in lungs and cause hay fever and allergies. Molds can produce poisons {mycotoxin}.
Natural odorless colorless radioactive gas {radon} comes from radioactive decay of uranium and radium in granite and shale. Radon then travels to soil and ground water. Homes can be on soil with high radon levels. Wells can access ground water with high radon levels. Radon causes cancer.
Wastes {waste, housing} can be poisonous, corrosive, flammable, explosive, or otherwise reactive.
poison
Poisonous chemicals {toxic chemical} are bleach, drain cleaner, insect killer, rat poison, rug cleaner, and weed killer.
corrosive
Corrosive or reactive chemicals {caustic chemical} are ammonia, batteries, bleach, drain cleaner, and oven cleaner.
flammable
Chemicals that can explode or catch fire {flammable chemical} {ignitable chemical} are petrochemicals.
cleaners
Hazardous household cleaners are ammonia, bleaches, drain cleaners, metal polishes, oven cleaners, and rug cleaners.
garden
Hazardous outdoor and garden chemicals are charcoal lighters, fertilizers, gasoline, insect killers, kerosene, rat poison, and weed killers.
car
Hazardous automotive chemicals are antifreeze, batteries, brake fluid, gasoline, oil, and transmission fluid.
household
Hazardous paint and household chemicals are glues, paint, paint removers, varnish, and waxes.
other
Oil, gas, petrochemicals, metals, dry cleaning fluids, printing chemicals are hazardous, and such wastes have special landfills. Wastes can contaminate soil and water wells. Houses can be close to leaking fuel and chemical storage tanks or sanitary landfills.
lees or sediment {dregs}.
wastewater {effluvium}.
garbage or animal mush {swill}.
People {principal, law} can grant other people {agent, law} power to act on their behalf {agency, law}|.
types
Authorized agents {general agent} can perform various activities, such as make contracts. Authorized agents {special agent} can perform one activity. Agents can employ helpers {subagent}. Supposed agents {apparent agent} {agent with apparent authority} can cause a third person to believe supposed agent has authority to act for principal. Third party can know agent and principal {disclosed principal} or not know {undisclosed principal}. Third party can know agent and not know principal {partially disclosed principal}.
termination
Agency terminates at principal's death, object destruction, rearranged agreement, or mutual consent.
responsibilities
Agents must be careful in doing duties, inform principal about transactions, act only in principal's interests and with authority, and make fully state actions. Agents are not liable for contract terms.
Formal executed legal documents can grant agents power to act, either generally or specifically {power of attorney}|. Power of attorney ends upon principal's death, on document's stated termination date, or on revocation.
Dying {death, law} causes burial in a cemetery, cremation at crematorium, donation of body for use by medical students, donation of cornea to eye bank, or donation of organs for transplantation. Later, courts carry out will or distribute estates by law.
death notice
Administrator makes sure, with attorney, that newspapers publish death notice, giving a day, six to nine months later, by which creditors must file their claims. A newspaper must publish this notice approximately once a week for three weeks.
Documents {death certificate} can state death name, place, and date.
body {cadaver}|.
Actions can be in contemplation of death {causa mortis}.
People who want funerals {funeral} can plan arrangements before death. Funeral director arranges for flowers, prepares body to lie in state, and arranges for memorial services.
Interment {burial} in a cemetery requires cadaver transportation to funeral parlor, a body container, a cemetery space, and body transportation to cemetery. Funeral directors transport body and supply a casket. You can buy or rent cemetery space in a private cemetery or memorial park. Burials are expensive.
burial {interment}|.
Burning {cremation}| involves body transport to crematorium, a body container, and ash disposition. Funeral directors transport body and supply container. After body burns, ashes go into an urn. People can take urn home, scatter ashes, or place urn in a memorial niche in special facility built to hold urns. Cremations are cheaper than funerals.
To donate body parts {donation} contact eye bank, medical school, or hospital. Institution makes you, or next of kin, complete a consent form. If you decide to donate, you carry a card with instructions about what to do at death. At death, state notifies institution. Institution transports body, uses it, and discards it after use.
Documents can grant permission to use bodies or body parts for medical research or transplantation {body parts donation}.
County officials {coroner}| can investigate suspicious deaths.
Bodies can show evidence of crime {corpus delecti}| (body speaks).
Court inquiries {inquest}| can be about death cause.
Written documents {will, deceased} can state how testator disposes of {bequeath} property. Wills can save estate taxes and avoid state property disposition. People over 18 years old should make wills and keep them current.
parts
Wills can appoint an executor to carry out will's provisions and dispose of estate. They can designate a guardian for minors. They can designate a trustee to manage estate trust funds while children are minors. Wills list beneficiaries, such as wife, husband, and children, and property or cash that they are to receive.
witnesses
Wills must have two witnesses, and a notary public must notarize it. Complicated wills typically need a lawyer.
legality
Wills become legal only at testator death. Before that time, testator can cancel {revoke}, amend, or destroy a will.
When no will exists, and no wife, children, parents, siblings, grandparents, grandchildren, or other relatives exist, an estate can be forfeit to state government {escheat}|.
People can die without leaving wills {intestate}|. Court legal proceedings dispose of possessions, using distribution plans defined by state law. States distribute real property according to law of place where property is, and personal property according to law of place where deceased resided.
distribution
State laws typically give first to children, then spouse, and then other relatives. States can give equal-relation relatives equal shares {per capita rule} {rule of per capita}. States can give family branches equal shares to divide {per stirpes rule} {rule of per stirpes}.
Legal proceedings {probate}| determine if will is valid and supervise estate distribution. After death, no one can dispose of property until after judge states will is genuine and authentic and reads the will. If someone disputes will, court or a third party holds property in escrow until parties settle dispute.
If someone disputes will, court or a third party holds property {escrow, will}| until parties settle dispute.
Personal property {bequest} {legacy} can be left to legatees.
Laws specify creditors claim priority {priority of claims} {claim priority} against estate. Administrator decides if claims are valid. Questionable claims go to court for determination.
Children receive their father's estate {patrimony}|.
Giving all property to oldest child {primogeniture, estate}| was rarely practiced in America.
right of partner or joint owner to entire ownership after death {survivorship}|.
Tax {estate tax} returns {federal estate tax return} can report estate income after death. Administrator must file Fiduciary Income Tax Return on Form 1041 for estate from day of death to day of estate distribution. It uses an identification number like that used by businesses for tax purposes, obtained by application on Form 554 to IRS.
Administrator can have estate tax imposed on estate value at death or six months after death. Administrator must file Form 706 within six months of death, including copy of will. Administrator is liable for false returns. Administrator does not have to do inheritance-tax work.
Estate administrator or executor pays tax on property value left by deceased, usually excluding life insurance and social security, if estate value exceeds a large amount. Administrator must file federal estate tax return if estate has high-enough value.
will
Wills can reduce estate taxes and estate administration costs.
gifts
Gifts can reduce estate tax, because gift tax averages 3/4 of estate tax. People can avoid gift taxes up to yearly and lifetime limits. Bequeathing to charity reduces adjusted gross estate by full bequest value. Gross estate includes gifts given within three years of death, because gift was in contemplation of death, unless executor can show deceased did not expect to die that soon.
joint ownership
Government presumes jointly owned property to be part of deceased's estate. If survivors can show what property part they contributed, that part does not belong to estate.
States can require estate tax {inheritance tax} returns {state inheritance tax return}.
In wills, testator specifies a person {executor}| to carry out will. People must agree to serve.
qualification
The court qualifies executor and issues a notice {letters testamentary}, stating that executor can administer estate.
administrator
If there is no will, court appoints a qualified person {administrator, estate} to administer estate. States have a relative sequence to appoint as administrator, typically spouse, children, grandchildren, father, mother, brothers, sisters, and next of kin. Administrator receives authorization {letters of administration} {administration letters}.
If executor has died or does not qualify under state law, court names an administrator {administrator cum testamento annexo}, who executes will just like executor. Court can appoint an administrator {administrator de bonis non cum testamento annexo} to complete duties of an incapacitated executor.
actions
Administrator is legal estate representative and is under oath to perform duties well. If will does not reject need for bond, administrator must post bond, often personal-property amount plus two years rent on real property, to protect estate creditors from mistakes. Administrator can pay debts and minor expenses, make charitable contributions, prescribe fund management for minor children, and allow trustee not to have to annually account for fund's principal and interest, as state usually requires. Administrator makes estate inventory, obtains current beneficiary or heirs-at-law addresses, and finds minors. Administrator gathers papers not in safety deposit box, including several copies of death certificate from Department of Health and Vital Statistics or County Clerk. Administrator attaches these to notices sent to life-insurance companies. Both administrator and attorney get fees, by percentages of estate value. Court must approve fees.
estate inventory
Most states require administrator to file inventory appraisals within 60 to 90 days of appointment. Executor inventories stocks, bonds, and cash, along with other property, usually with witnesses present. He consults broker for deceased's account contents, especially for stocks and bonds in accounts {street account} owned by individual but registered in brokerage-house names.
insurance proceeds
Wills can exclude proceeds {insurance proceeds} from personal and group life insurance from probate, if policy names a beneficiary, unless beneficiary is testator's estate. Such beneficiary can get benefits right away. Proceeds are still part of taxable estate if deceased retained rights to change beneficiaries, to borrow against policy, to assign or regain policy ownership, to change from term insurance to permanent, or to select from policy options {ownership incidents} {incidents of ownership}. If person gave these incidents to another person, estate excludes these proceeds. Wills can exclude group policies only if group policy and state law allow not claiming all ownership incidents, and if policy assignment to another person is irrevocable.
vehicles
Executor has vehicles appraised and checks insurance, to see that it covers surviving drivers. Administrator should sell or transfer all vehicles, unless transfer requires court approval, estate cannot pay debts, estate is insolvent, or someone contests estate.
estate assets
Administrator draws up asset-distribution schedule for court approval, in accordance with will and state law. He then distributes estate itself and obtains signed receipts, with two witnesses present. Then he gives full report {final accounting} to the court, which approves report and discharges administrator.
estate debt
Administrator files claims for debts owed to estate, going to court if necessary.
estate finances
Administrator has to pay debts, collect credits, and distribute estate to heirs. Estate management to asset distribution requires good business records. Administrator opens checking account in estate name immediately, to pay debts and hold incoming money from savings, real estate, bonds, and debts. Administrator files income tax return, which can be joint return, for year up until day of death. Administrator gives allowance to spouse and minor children from checking account, under state laws, which typically set maximum and minimum, with court authorizing sum after petition. Administrator operates businesses, under court supervision, if decedent was sole owner. If business was partnership, partnership dissolves. Administrator supervises stock shares, handles investments, and handles real-estate transactions.
safety deposit box
Administrator inventories box, by strict legal procedure, with state tax agents or others present, to attest to contents. If box has joint ownership, opening box requires survivor's consent.
Insurance policies name a person {beneficiary}| to receive funds. Federal marital deduction permits deduction of up to half of adjusted gross estate, if it goes to spouse. This deduction only applies to estate part that is not community property. Only property at full spouse disposal qualifies. This law equalizes other states with states that have community property.
Wills can designate a person {guardian}| to care for children, if they meet standards of state law for guardians.
Bequests can be left to people {legatee}.
People {notary public}| can have authorization to witness and seal documents for state.
Court judges {surrogate, law}| can administer estates.
Will makers {testator}| must be 18 years old and of sound mind. Wills must be in writing. Testators must sign wills. Two or three disinterested witnesses must see signing, sign will themselves, and attest to seeing it signed.
Testators can write wills by hand {holographic will}|, but holographic wills are invalid {null and void} in most states.
Testators can state their wills orally to an authorized person {nuncative will}, but nuncative wills are invalid in many states or have restricted uses.
People can join to make a will {joint will}, which is irrevocable and is not amendable after one person dies, unless will has such a provision.
Two wills {mutual will}, usually husband and wife, can leave everything to the other, with other provisions the same.
Wills {conditional will} can require a condition, but conditional wills can face legal problems.
Additions {codicil}| to wills follow same rules as wills.
Wills can have statements {final wishes} about funeral arrangements.
Testators can leave instruction letters {instruction letters} {letters of instruction}, which are not legally binding, to executors.
Testators can cancel wills {revocation}|. States can revoke wills that do not reflect testator's wishes, as evidenced by his or her present circumstances {revocation by circumstances}, and then testator dies intestate. Testator can partially revoke a will, if part revoked is clear. Testators can revoke wills by destroying, executing another will, or formally revoking a will.
Legacy cancellation {ademption} can happen if testator's action is an intentional revocation.
Two people can contract to share life {marriage}.
state
Marriage is a contract that people cannot terminate at will. Only states or death can end marriage contracts. All states recognize marriage in other states, if it was legal in state where it happened.
purposes
Marriage is for family, sex, and security.
process to marry
First, go to county or city courthouse to get necessary documents. You may have to take a form to a doctor for a blood test for sexually transmitted disease and return several days later to get form. Take documents and two witnesses to justice of the peace, judge, or minister, who will perform the ceremony in five minutes and issue a marriage license. Documents are sent to county or state records office. For church weddings, a minister performs ceremony using church ritual and sends documents.
personal property
In most states, property acquired by spouse remains his or hers. In some states, spouses share community property, but spouses can acquire separate property by gift or inheritance. Property owned before marriage remains separately owned, as is all income derived from that property. Either before or after marriage, people can agree {marriage settlement} about property rights over previously owned or acquired property.
rights
In the past, husband and wife were legally one person, and wife had no property rights. Now, wife can own property, make contracts, sue, and conduct her own business. Husband owns household goods, except those suited for use only by wife.
Husband chooses residence location. Husband and wife {tenants by the entirety} {joint tenant} both own the whole of real estate, not each half the property. Both must consent to transfers of interest in real property. If one dies, the other then owns whole real property. Creditors that use joint real property as security for debts of husband or wife have no claim to joint real property if person dies.
households
Under common law, husband leads household {head of household} and has a duty to support wife and children. Husband duties include providing life necessities.
This leads to a rule {doctrine of necessaries} {necessaries doctrine}. Wives can purchase and charge to husband necessities, without his consent or knowledge. Many states include medical care, dental care, household furniture, supplies, and legal services under necessities. For luxuries, wife needs apparent or actual authorization by husband.
Wife must render free service to husband. If wife wishes to separate, husband does not have to support wife. Husband can sue for loss of his wife's services if another person injures her.
Having more than one spouse {bigamy}| is a felony.
In some states, spouses share property {community property}| acquired by work of either. Community-property states are California, Texas, Arizona, Idaho, Nevada, Louisiana, New Mexico, and Washington.
married-woman common-law status {coverture}.
and wife {et ux}.
Documents {marriage certificate} can state marriage place and date.
Most states have laws requiring parents to support {parental support} children who are unable to physically or financially care for themselves. States can require payment even if parent is in a state institution.
Many states allow divorce {divorce} if only one person claims irreconcilable differences {no-fault divorce}. Other states require long procedures, with a waiting period. Documents are for divorce, property disposal, custody agreement, and court appearance. In states with community property, each party receives property part, sometimes attaching husband's part to insure alimony or child-support payments.
divorce {a vinculo}.
Irregularities at marriage can cause courts to decree that marriages were never valid {annulment}|.
Marriage can end by complete end to matrimony {dissolved marriage} {dissolution, marriage}.
Marriage can end by limited divorce or marriage suspension {separation, legal}| {legal separation} {judicial separation}, in which husband must still provide for wife, but otherwise both are legally separate by agreement. Both spouses can agree to live apart {voluntary separation}, with support for wife and children and child custody. If either person fails to perform separation-agreement terms, it is like contract breach.
legal separation {a mensa et thoro}.
Courts can require payments {alimony}| by husband for separate maintenance of wife, after court grants divorce or separation, after voluntary separation, or after court order to support wife. Courts usually order temporary alimony while hearing divorce cases. Failure to pay makes husband in contempt of court and can lead to imprisonment.
amount
Alimony can be a percentage of husband's income or a lump sum to pay once or in installments.
termination
Alimony payments end if wife dies or remarries.
Rather than using lawyers or courts, to get a divorce, you can write a settlement document {marital separation agreement}|. It includes child custody, child support, and amount to pay to spouse {spousal support}. It includes standard paragraphs about disputes.
property list and who gets what {property settlement}|.
Parents must support their children after divorce {child support}, to maintain child's standard of living. Courts have power to award custody and control during and after divorce, separation, or annulment proceedings. The father got custody under common law, but now the mother typically receives custody, unless she is unfit or both agree on joint custody. Many courts award children to the innocent party, in cases involving wrongdoing.
Children stay with each parent at times {custody, children}| {child custody}.
Outline of Knowledge Database Home Page
Description of Outline of Knowledge Database
Date Modified: 2022.0225