Will vs Estate
My mother passed away recently. She had a will and named my father as the Executor and the beneficary in the event that she pre-deceased him. She left several life insurance policies. According to the issuer of the policies, my mother changed the beneficary designation from my father to ”the estate of…(mom’s name)”. The life insurance company first informed me that my father was the beneficiary, then, they came back with the info. about the ”estate” and wanted me to provide leters of administration appointing an executor, and now, they are telling me that I need to create an estate. My mother did not have an estate, just a will. Surely, my father had an insurable interest in my mother’s life. Do I have to create an estate, and how do you create one for a deceased individual? Wouldn’t an indemnification document suffice? I am really flabergasted!
Tag Archives: Virginia
Breach of contract I recently broke a lease after giving my landlord more than…
Breach of contract
I recently broke a lease after giving my landlord more than 30 days verbal notice and thought everything was square. After reviewing the lease i thought i would not have to pay anything:
TERM 7. It is the intent of both parties that this lease is for a period of 12 months and that the last month’s rent will apply only to the last month of the lease period. Should this lease be breached by the Resident, both the last month’s rent and the indemnification/pet deposit shall be forfeited as liquidated damages and the Resident will owe rent through the last day of occupancy.
I have no problems forfeiting the deposit and i have payed through my last day of occupancy which was march 1st. He is now trying to get one more months rent and is still trying to make me pay for some damages to the property in which I know dont exceed the deposit. am i misinterpreting the lease? do i have to pay more money?
Indemnity Agreement on Estate Real Property Sale My wife is the executor of her…
Indemnity Agreement on Estate Real Property Sale
My wife is the executor of her aunt’s estate in Virginia. She found a buyer for the house and am ready to sign the closing papers. One form she needs to sign is called an Indemnity agreement with the title insurance corporation which states that she ”agrees to indemnify said title company against all loss, cost, damage, charge, liability or expense …” by reason of ”subject said property to the payment of debts against said estate”, etc (it lists other possibilities). It was mentioned that she either had to wait one year before the money is deposited into the estate account (it will remain in escrow during that time) or she has to post bond in which case the money can be deposited in the estate account. What exactly is this indemnity agreement? Is this related to the bond she has to post or is this making her responsible if there are any problems in the future? It is a little confusing since the real estate lawyer seems too busy to return her calls.
Thanks.
”hold harmless” wording in property settlement My husband & I are trying to…
”hold harmless” wording in property settlement
My husband & I are trying to buy a home. Because he is still on the mortgage of his ex-W home(she will not refinance),we are unable to do so. (Divorce final in 1996)The property settlement provides that he relinquish all right and interest in and to the property(he signed over the deed in ’96), but it does not say she must refinance. It does, however, provide that he be held harmless & able to enjoy the lifestyle to which they were accustomed to during their marriage (wording included below). Because she has been late with payments (as recent as 11-04) and will not refinance, he is not being ”held harmless”, nor able to ”enjoy…” His VA eligiblity is also tied up in that mortgage. I know I’m reaching here, but is there anything we can do?
Thanks.
H&W covenant that wherever they have held each other harmless in this agreement, the ”hold harmless” provision shall be in the nature of spousal support&nondischargeable in accordance with Fed Bkrp Law. H&W have agreed to this,in consideration of their desire to establish financial stability for each other,to enable each to maintain the life-style to which they became accustomed during their marriage & upon consideration of the incomes of both parties & their respective assets.
Apartment under construction I received a new lease today and currently have…
Apartment under construction
I received a new lease today and currently have less than a week to decide whether to renew it. The new lease has a construction clause allowing people to enter the apartment and rebuild some of the walls if needed. The new lease states that the new rate reflects compensation for any disruptions. These rates however were same as the previous year, and they are not any less than the going rental rates in my complex. If I decide to move out, I will be forced to go month to month for 60 days at a rate that is significantly higher. I am very upset about the position I now am forced into and would like to know my rights. Thank you.