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Estate Planning Questions & Answers
0 Answers | Asked in Estate Planning for Arkansas on
Q: If I am married and my husband inherited a large amount of money but it is held in a trust for his purposes and they spe

Can they refuse me to live in the house after he dies??

0 Answers | Asked in Estate Planning, Family Law and Elder Law for Massachusetts on
Q: Can irrevocable trust be setup to hold personal property only?

Id like to know:

1) Can a irrevocable trust be setup to hold just valued personal property family related items like, cherished valuable jewelry, coins, artwork, artifacts etc ?

2) If so does doing so simply require formally setting up a trust, funding & adding to the trust... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Puerto Rico on
Q: How do probate laws in NY and PR affect each other? My late husband's properties will be in probate simultaneously.
James L. Arrasmith
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answered on Apr 18, 2024

Probate laws in New York (NY) and Puerto Rico (PR) are separate and distinct, as they are two different jurisdictions. However, if your late husband owned properties in both NY and PR, the probate process will need to be initiated in each jurisdiction simultaneously. Here's what you should... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Division of inheritance when one or more children die. Spousal and grands concern. Following is more in depth question.

Three children. All married. Want to put the house in all three of their names. However if one child dies, I want the remaining two to get the third chip’s portion to divide. I do Not want my child’s widower Or even my grandchildren to inherit that portion. Strictly want my children to have... View More

Anthony M. Avery
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answered on Apr 18, 2024

You could convey to each of the three kids as joint tenants with right of survivorship. Rarely do I suggest that estate but it appears to meet your wishes. However during the three, then two childs' lives somebody has to pay taxes, insurance and possibly a deed of trust note. Also the... View More

0 Answers | Asked in Estate Planning and Family Law for Indiana on
Q: Elderly parents, stepmother diagnosed with dementia and father had health issues. When it became too much for them alone

They were going to move to assisted living but she declined rapidly and had to be moved to memory care. She was on Medicaid. As her POA my father had to take her name off house & car & separate bank acct. He added me to his bank acct(with rights of survivorship) and made me his beneficiary... View More

0 Answers | Asked in Estate Planning and Probate for Minnesota on
Q: I recently found out my mom had a life insurance policy at her time of death in 2010 that my brother received because he

Was next of kin. Without informing me the money was split up between my 2 brothers and 1 sister and I didn't receive a dime. What can I do to get my fair share of the money I'm owed?

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: I recently found out my mom had a life insurance policy at her time of death in 2010 that my brother received because he

Was next of kin. Without informing me the money was split up between my 2 brothers and 1 sister and I didn't receive a dime. What can I do to get my fair share of the money I'm owed?

Robert Kane
Robert Kane
answered on Apr 18, 2024

The specific facts of the situation will dictate how you should proceed. There are numerous questions that need to be answered. To start:

Have you confronted him?

The insurance company should have contacted all beneficiaries directly. Why didn't this happen?

How was...
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1 Answer | Asked in Estate Planning, Family Law and Probate for California on
Q: What is the Dead Man's Statute?

My father passed away, his wife refused to give his children his estate documents. I filed a petition with the court and her response stated - "I am aware that; I and my husband, prepared a Revocable Living Trust on or about July 11, 2023. Shortly after creating the Trust, my husband,... View More

James L. Arrasmith
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answered on Apr 17, 2024

In California, the Dead Man's Statute, also known as the Evidence Code Section 1261, limits the admissibility of statements made by a deceased person in certain legal proceedings. The statute is designed to protect the estate of a deceased person from fraudulent claims.

Under the Dead...
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4 Answers | Asked in Real Estate Law, Estate Planning and Land Use & Zoning for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Apr 17, 2024

Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More

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1 Answer | Asked in Estate Planning for Missouri on
Q: what rights does the co exec of a trust have if the executor of the trust is not sharing information?

mother recently passed and left home to 4 siblings and executor is not sharing any info on insurance

Osama Khalil
Osama Khalil
answered on Apr 17, 2024

If one co-executor of a trust isn't sharing information, the other co-executor still has rights to access that information. In this case, if the executor isn't sharing details about insurance on a home left to four siblings after their mother's passing, the other co-executor can... View More

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: My parents purchased a trust in Tennessee, the person who sold it was not an attorney and the fee went to the non attor

the fee was paid to a non legal office , the attorney drafted the trust and everything looks good, but is it legal for a non attorney to sell a trust and the money paid to the non attorney?

Anthony M. Avery
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answered on Apr 17, 2024

Trusts are not bought and sold. Often a trustee will sell trust corpus in parts or whole. Either you misunderstand what has occurred, or there is a fraud involved. You might be talking about the purchase of a Deed of Trust and the Note it secures, which is the transfer of a mortgage... View More

0 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Indiana on
Q: I need advice on a quit claim deed.

I need advice on a quit claim deed. I am wanting to file the deed so my son is the deed holder. My mortgage and the current deed is in both my wife's and my name. My wife moved out of state 4 years ago and has not paid or contributed anything whatsoever to our home or property. Our son and his... View More

1 Answer | Asked in Estate Planning and Land Use & Zoning for Georgia on
Q: My dad and mother share a life estate and are divorced, but they are leaving their life estate to their 3 children. The

Land is currently in one piece, not designated into 3 as to who gets which piece. My sister is wanting to build a house on her piece that she will get but my mom is refusing to designate who gets what piece because she says it will break the life estate. Will drawing up the tract and designating... View More

Anthony M. Avery
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answered on Apr 17, 2024

If Mom and Dad only have life estates, then none of their issue will get anything at their deaths. Hire a GA attorney to search that title and determine ownership. If you stated the facts correctly, then nobody wants to build on the tract. Who is the remainderman?

0 Answers | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: Are there any issues with the name on the deed being different than the name on the mortgage loan?

The person who has their name on the mortgage is deceased (my father in law). The person who has their name on the deed is the spouse of the person who has their name on the mortgage. They living spouse had to go to probate court for year's support to get their name on the deed. The living... View More

0 Answers | Asked in Estate Planning for New York on
Q: What is the best source to track down long lost relatives? need basics to apply to surrogate court in Clinton county NY?

I'm listed in my aunts will as coexecutor. I'm completing a DYI small estate affidavit and need to include nieces and nephews that have been estranged from the decedent's family for over 50+ years. I am having difficulty in locating them. Any suggestions?

0 Answers | Asked in Estate Planning and Probate on
Q: Keku and koku are siblings both baptised in masandwana church in the street of Ubuntu.

Keku and koku are siblings both baptised in masandwana church in the street of Ubuntu. Both koku wrote a will that she does let all her estate be bequeathed to koku and so did koku as well that of she dies, let her estate bequeathed to keku, they died instantly in the master ki airline... View More

4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 15, 2024

You will need to hire a probate attorney. The bank is correct. You do not get the $$ in his account merely because you were married. The probate court must determine your rights to his estate.

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1 Answer | Asked in Estate Planning for Ohio on
Q: Does dower rights come into play with a divorce and inheritance property in another state?

Spouse doesn't have access to inheritance property which is a rental in another state. Spouse doesn't have access to rental bank account. Spouse is not on the deed.

Does a Trust have to be created in the state where you reside?

Aaron Epling
Aaron Epling
answered on Apr 16, 2024

You need to speak to a divorce attorney to discuss your rights.

1 Answer | Asked in Estate Planning and Communications Law for Florida on
Q: Please help. My sister Pat was Executrix for father's estate. She altered the will trying to get more money.

She took from sister Jo, but I fought it in court and won. Now our brother died, leaving no will. Pat and her corrupt buddy Lynn applied to be Personal Representative, while my sister Jo and I went for it. Unbelievably the judge gave it to Pat & Lynn after they altered my father's will a... View More

Marc J. Soss
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Marc J. Soss
answered on Apr 15, 2024

Is the proceeding in Florida or New Jersey? You may have a legal basis to Appeal the ruling, if it fits within guidelines. Otherwise, you can Petition for removal based upon the presentation of your evidence. Good luck.

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