Also known as: estates of · estate
Written by attorneys · grounded in primary & secondary sources — see below
The aggregate of assets and liabilities left by a decedent that are subject to administration by a personal representative for payment of claims and distribution to heirs or beneficiaries.
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The Estate of Emmett Egan contracted to sell land to Elena Estrada. After the contract formed, Estrada discovered an unreleased lien from a prior mortgage. Estrada refused to close because the title failed the marketable title standard in the agreement.
Eduardo Enriquez died while still a partner in his law firm. The partnership agreement provided for continued payments to his estate over five years. The firm made the payments without violating fee-sharing rules.
The Estate of Edward Everett transferred its interest in leased commercial property to Empire Logistics. The lease contained an express repair promise that touched and concerned the land. Because the obligation rested on privity of contract, the estate remained liable after the transfer.
The Estate of Eric Espinoza applied for a mortgage on residential property through Elemental Pharmaceuticals' employee program. The lender refused the application solely because of the applicant's national origin. The estate sued under the fair housing statute.
Elena Estrada created a revocable trust and later died insolvent. Her probate estate proved inadequate to pay all claims. Creditors reached the trust assets to satisfy funeral expenses and statutory allowances to surviving children.
The Estate of Emily Ellis owned the dominant parcel benefited by an access easement across neighboring property. After the estate sold the parcel, the new owner continued to use the easement because the benefit ran with the land.
The estate appears in the caption as the Estate of followed by the decedent's name, allowing the personal representative to pursue or defend claims on behalf of the decedent's property interests.
After the settlor's death, creditors may reach trust property to the extent the probate estate is inadequate, subject to the settlor's directions on payment sources.
A transferor remains liable on express promises that touch and concern the land if the obligation rests on privity of contract and the obligee has not released the transferor.
…by exercising eminent domain in the City's name. § 8-193. The NLDC successfully negotiated the purchase of most of the real estate in the 90-acre area, but its negotiations with petitioners failed. As a consequence, in November 2000, the NLDC initiated the condemnation proceedings that gave rise to this…