what happens to the lien on a house when a person dies

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Wifes father died without making a will. he had four children (2 daughters and 2 sons including my wife, and his wife). how will the transfer of landed property and house be effected? what are the legal procedudes involved that need to be followed.

Usually the surviving spouse gets the couples' property and everything --you don't need a will for the first death. BUT she must get a will made dividing up everything according to her wishes. She needs to go to a lawyer who specializes in wills and estates. The property is usually always in husband and wife's names as well as bank accounts so she only has to go to the bank and put everything in her name and whomever she picks to be the executor. This is in case something happens to her, the executor can go and get money out of the bank BUT not until she is either dead or incapacitated . She can go to your city hall or where the taxes are sent and bring his death certificate and ID & have his name taken off the deed and then only her name goes on. She really doesn't have to do this until she wants to since there is no change in ownership. Children do not inherit until the last parent dies.

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My mother owns her house in spain and wants to know if she will have to pay spanish inheritance tax on her house when my father dies. his name is not on the escritura and she has owned it for 20 years.

I´m not sure on this one simply because I am not qualified to answer it with 100% surety. However, her best bet at the moment is to save YOU paying when YOU come to inherit later when both your parents are deceased (if she intends to leave it to you, of course) She can gift it to you now, or sell it to you now with a proviso called "uso fructo" which gives her the right to use it up until her death so assuring her use of the property up until she dies . Inheritance tax is a bad thing for inheritors not matter where they are, safeguard yourselves now. I am sure your mother has a Spanish lawyer here in Spain, (if not there must be someone she knows who does) and get legal professional advice from someone who deals with this sort of thing daily. Good luck, your mother paid for the property with her hard earned money, don't give it to the government if you can help it!

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A friends father passed away a few days ago. he lived the last 10 years with his daughter and son in law. he had done a lot of traveling over the last few years before coming sick and spent most of his money in savings except for 800.00 which was payable to a grandchild on death and life insurance payable on death to someone. he had no property and no vehicles anymore. does this have to go to probate court.

This gentleman appears to have enjoyed life to its fullest. This man's $800.00 appears to be the sum amount of his estate. I would highly doubt that his life insurance has much value. This estate is not subject to probate because of the incidential amouunt contained therein. The Surrogate Court in any jurisdiction would never take a look at this and there is no wealth here to tax.

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As far as I know there is a law for daughters to have a share in fathers property but there might be some loopholes. You need to find the legal person who can help you because indian mentality for women may prohibit you to get a share. As you may be aware Indians are mainly male dominant society and they still don't accept woman as a legal heir.

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Property is jointly owned by my brother and i - this was to avoid property having to be forcibly sold is parents needed to go into care - now both deceased - any way of avoiding capital gains - is is best to leave to our children to inherit?

You really need to talk to an accountant, it might cost £150 for a meeting but they could save you thousands. It's money well spent, believe me!

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In India according to the Hindu Succession Act,1956, if the Hindu man dies without leaving a Will his property shall devolve to his class 1 heir which includes his widow, all sons, all daughters , his mother, and the set of legal heirs of his Predeceased sons or daughters. All these get one share each in the total property of the deceased Hindu male.

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No will, father dies with 2 adult children and wife which is stepmom. the grandfather has also died and left property to the son, who inherites the property and how?

The step mom gets the fathers property, as well as her husbands share of the grandfathers property. It is done through probate, same as if there were a will.

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The property was not ancestral property but was brought by my father from a third party. does grandmom (father's mother) get a share?

In India succession law in Hindus is provided in the Hindu Succession Act,1956 according to this Act the Class 1 heirs entitled to the property of the deceased Hindu who died Intestate (without leaving any 'Will'). The Mother,wife/widow,sons, daughters, predeceased son's heirs,predeceased daughter's heirs of the deceased are covered under this class & hence in this case the mother of your father has legal right to get one share in this property.

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The children are all grown and have families of their own now. he and i have been together almost 20 years and have 1 daughter. if he dies, how will his property that we have accumulated together be divided up? will the ex-wife or children have a right to his property? the children are all in their 30's now but my husband has been ill and is paranoid about dying even though the doctor says he is fine. i love his children and we have a great relationship, but i just went through my mom dying and everybody was very out of character because they were in pain over our loss and i just want to make sure that i have all my bases covered in case any of this arises. we basically raised the children off and on from the time they were 14 or 15 because of problems they were having with their mother and because cps gave them to us periodically. by 17 they were all on their own. any professional or experienced advice would be appreciated. i don't foresee any problems, but my husbands business is getting very successful and there could be problems, i don't know. my husband did pay child support in cash way back in the day when it was not documented and he, also, worked for his ex-wife and she signed all his paychecks and never withdrew a dime because she was quite wealthy and said she didn't need his money for the children, that they were well taken care of. he has maintained a good relationship with his children now. there was a child support agreement that went into affect around 10 years ago that was never followed through with because the ex-wife did it out of anger. she knows full well that even though it was not documented that my husband did pay child support when they were younger and that we provided for them and took them in when she started getting wild. when she finally settled down a little she stopped all of her ridiculous antics and the child support case has just basically gone dead. my husband's wages were garnished temporarily and then that stopped, also. this was, also, around 10 years ago.

The heirs he designates in his will or those the state designates if he has no will would get his property after payment of his debts.

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Grandmother only to alleniate me and my sisters from our annesteral property, what are my rights. the said property was self acquired property of my grandfather and my father is acting against my interest and in order to deny me the rights in my annescteral property with malafide intensions is passing on this property to his mother (my grandmother). what are my rights to the property left by my grand father (died without any will).

If it was your grand father's self acquired property in India than it devolve on to his legal heir namely one share to his widow and one share each to his all sons and daughters and living mother, as he died intestate that is without making any Will with regard to the property.. This will not be considered as ancestral property as for that this property should have to be the property of your great grand father that passed down to your fourth generation undivided and as a joint property of the joint Hindu family in India. You have no legal right on any part of the said property till the time your father is alive.