Sentences with phrase «by estate of another deceased»

It says: «The Membership Rewards points accumulated by a deceased Cardmember may be reinstated to a new basic account or be redeemed by the estate of the deceased Cardmember.»

A civil claim against the defendant can be brought by the estate of the deceased and / or by those who depended upon the deceased for either financial assistance or services.

The Reinartz Law Firm handles all types of New Jersey injury cases, in addition to wrongful death matters, which are initiated by the estate of a deceased person against the negligent parties responsible for the untimely death.

As we have discussed previously, a Georgia wrongful death case has two components, the statutory claim for the value of the life and the claim by the Estate of the deceased for pain and suffering, medical expenses, fear of imminent death and funeral expenses.

Not exact matches

The simplest reason is to dodge an undesirable asset like a piece of real estate that could cost you more than you'd net by selling it (say, because of high property taxes or required repairs), or an asset that comes with strings attached (such as care of the deceased's pet or a requirement to marry).

«A ruling by a Louisiana appeals court recently stated that the entire death benefit from a single premium annuity plan paid to the beneficiary named in that plan was subject to inheritance tax because it was part of the deceased annuity owner's estate,» says annuities specialist Steven Hart.

Astorino is using the estate of George's deceased mother - in - law to attack George, a new low but not surprising for a guy who stood by as Donald Trump called Nazis and white supremacists «very fine people.»

Escaping after Richard is dispatched by an arrow to the neck during the last stages of the siege, Robin and company make their way to England under the guise of the deceased knight Robert Loxley (Douglas Hodge), long - absent husband of Blanchett's Marion; just prior to his death, Richard entrusts Robin with his sword to return to his father at the family estate.

The story begins with Captain Sir John Lindsay (Matthew Goode), who fathered a daughter — Dido Elizabeth — with an African slave woman he rescued from a Spanish ship, taking that daughter from the slums where she's been living with her mother — now deceased — to the grand estate owned by his uncle, Lord Mansfield (Tom Wilkinson, excellent as always), who just happens to be the Lord Chief Justice of England.

This is because only assets that are owned by the deceased estate owner are deemed part of the estate tax calculation at time of death.

Tax experts estimate that failure to claim the Income in Respect of Decedent (IRD) deduction can result in a tax rate of 80 % or more on the inherited amount, broken down to a combination of estate taxes paid by the deceased IRA owner and federal / local state taxes paid by the beneficiary who inherits the assets after the death of the IRA owner.

The federal estate tax is a lump sum tax that is levied by the federal government based upon the value of the deceased owner's gross estate.

Upon the death of a sole owner when the owner's estate is not being probated and is subject to small estate administration under the laws of the deceased owner's State of legal residence, you may reregister the account to the heir (s) by providing the following:

Unless an inherited property is transferred to you by a spouse or common - law partner, a deemed disposition will occur, so the estate of the deceased person will pay any capital gains taxes owing.

This followed from a hard - fought derogation from the Directive by Tony Blair in 2006 which allowed member states without a domestic resale right on the entry into force of the Directive, to exclude ARR from the heirs or the estates of artists deceased within 70 years of the date of sale up until 1 January 2012.

Questions about his integrity intensified in 1974 as a result of his management of the estate of sculptor David Smith; art critic Rosalind Krauss and others alleged that Greenberg took his «prescriptive» approach too far by actually altering the deceased artist's work to fit his own aesthetic ideal.

Acting for the beneficiary of the estate of a deceased bank account - holder in a stakeholder claim brought by the London branch of a Greek bank, involving a dispute over the beneficial entitlement to the account balances.

Normally, the deceased's unexpected expenses, such as medical bills or funeral costs, can be recovered by the executor of the estate or the surviving family member that is responsible for paying the bills.

Under s. 38 (3) of the Trustee Act, an action against an executor or administrator of an estate for a wrong committed by a deceased person must be brought within two years of the date of death.

defending claim made on behalf of deceased's estate for injuries alleged to have been caused by breach of statutory duties;

In the recent case of Brown v. Terins, 2016 BCSC 42, the Supreme Court of British Columbia dealt with a wills variation claim brought forward by a common - law spouse of the deceased under section 60 of the Wills, Estates and Succession Act (WESA).

The person with the first right to act as estate trustee is the spouse of the deceased, followed by adult children, then any other adult descendants, then the parents of the deceased, then the adult siblings.

In this medical malpractice case commenced by a decedent's estate, the mother of the deceased was properly precluded from testifying about her pain and suffering from the loss of her son.

IHT is also redistributive by giving relief for charitable gifts, and allowing a reduction in the IHT rate for non-charitable gifts from 40 % to 36 % where at least 10 % of the estate goes to charity, so that the deceased's heirs also benefit.

When the annuitant of an Registered Retirement Savings Plan or Registered Retirement Income Fund dies, taxes in respect of either type of registered plan are generally borne by the deceased's estate, rather than by the beneficiary of the registered plan.

There must be established some sort of moral claim by the applicant to be maintained by the deceased or at the expense of his estate beyond the mere fact of a blood relationship, some reason why it can be said, in the circumstances, it is unreasonable that no, or no greater, provision was in fact made».

One such case is Ames v Jones [2016] EW Misc B67 (CC) which sees a failed application by Danielle, the adult daughter of the deceased, for provision from her father's estate.

A wrongful death claim may only be filed in Kentucky courts by the representative of the deceased's estate.

Additionally, the deceased's medical expenses and funeral costs are normally recoverable by the executor of the estate or a surviving family member who was obligated to pay for funeral expenses or late medical bills.

That said, these cases start by opening up an estate on behalf of the deceased person and obtaining permission to sue on behalf of the estate.

Filed in federal court in Philadelphia by the children of the deceased Toelk, the complaint names as defendants the Andy Warhol Foundation for the Visual Arts, which owns the rights to Warhol's estate, Morrissey, and two film distribution companies.

If it's a promise made by the executor or administrator of an estate to personally cover debts the deceased person owed if the estate isn't large enough to cover them.

Purported Gift Set Aside Resulting Trust Found Sutherland, Committee of Fountain v Dorland and Rendell 2012 BCSC 615 involves a plaintiff, as committee of her deceased mother's estate, seeking to recover funds transferred by her mother in the last years of her life to the defendants,... Read more

In New York, wrongful death actions are filed by the estate of the decedent (deceased person) and any verdict or settlement is awarded to the victim's estate to be divided according to the terms of the court's order.

This decision is the first successful case in British Columbia where a beneficiary or intestate successor has been granted leave, based on necessity alone, to bring an action on behalf of an estate to sue for a resulting trust over a property that was transfered by the deceased before death.

A survival action is brought by the deceased victim's estate (or selected representative) on behalf of the deceased victim.

Where problems arise with any will, the cost of hiring lawyers to fight about these problems will be born by the potential beneficiaries, relatives of the deceased or by the estate itself.

Also, even if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives in most cases and may be brought by the executor or personal representative of the deceased person's estate.

If a wrongful death claim is not filed by one of these family members within 3 months of the death, an executor or attorney may file a claim in representation of the deceased's estate, unless an eligible family member blocks such a claim.

In general, death does not end a contract - the rights and obligations of the contract pass to the estate of the deceased, administered by the executor in trust for the beneficiaries.

The AP reports that Facebook will only provide the estate of the deceased person with a download of the account data «if prior consent is obtained from or decreed by the deceased or mandated by law.»

Georgia law states that there are two distinct claims; the claim created by the Georgia Wrongful Death statute which is held by the family and the Estate of the deceased's claim.

LCF Law's professional negligence practice is particularly noted for acting for individuals in claims against solicitors arising from inheritance disputes, as demonstrated by Bradford - based Ragan Montgomery's representation of an individual in a claim against his stepfather's former solicitors alleging negligence for failure to take adequate instructions as to the extent of the deceased's estate in drafting his will and for failure to properly execute the will in circumstances where the solicitors knew of the deceased's pending marriage and terminal illness.

(2) Notwithstanding anything in this Act, but subject to subsections (2.1) and (2.2), an application for a benefit, other than a death benefit, that would have been payable in respect of a month to a deceased person who, prior to the person's death, would have been entitled on approval of an application to payment of that benefit under this Act may be approved in respect of that month only if it is made within 12 months after the death of that person by the estate, the representative or heir of that person or by any person that may be prescribed by regulation.

Wrongful death lawsuits are brought by the survivors of the deceased, typically the estate of the deceased.

Wrongful death cases are heard in civil court with charges filed by the family and / or estate of the deceased.

The definition in both statutes only expands the meaning of «tenant» by including the estate of a deceased tenant and, if the context requires it, a former or prospective tenant.

The personal representatives of a deceased accident victim's estate may also be entitled to recover punitive damages by filing a survivorship claim.

The Canada Revenue Agency provided its views regarding the income tax implications of a gift made by executors of an estate of a deceased individual.

The majority of cases our estate litigation lawyers handle involve contesting or challenging a Will, usually initiated by a family member who does not agree with the contents of the deceased's Will.