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Questions Answered by Nina Whitehurst
3 Answers | Asked in Estate Planning for New York on
Q: My mother has Alzheimers. She has a POA document naming me as POA. Can I, as her POA, set up a revocable trust?
Nina Whitehurst
Nina Whitehurst answered on Jun 11, 2021

It depends on the wording of a POA. An attorney cannot answer your question without reviewing the POA.

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Tenn. Non-Resident Executor requirements?

I live in FL. My father is moving from FL to TN. I know upon his death I must file the form to name the Sec of State to receive legal notices. My question is about "CO-Executor".

1. Can I name this Co-Executor AFTER my father passes or is it required to be named in the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 10, 2021

There is no requirement for a Co-Executor in Tennessee. A non-resident may serve solo as Executor as long as he or she, as you are already aware, designates the Secretary of State to receive legal notices.

1 Answer | Asked in Probate for Nevada on
Q: PLEASE ADVISE

REFERENCE NO. 0BC21-0475

AFFIDAVIT THAT LOST IT

THE LOWER PROBATE COURT RULED THAT THE WITNESS AFFIDAVIT WAS INCORRECT AND RULED THE WITNESS NOT RELIABLE. IT WAS ESTABLISHED THAT A NEW WITNESS AFFIDAVIT MUST BE SUBMITTED WITH THE OBJECTION. THAT BEING SAID HERE IS THE TIME LINE... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 10, 2021

What is your question? Why aren’t you asking your attorney? This forum is for questions of a general nature. You apparently have very specific circumstances. For that sort of thing the usual advice is to consult an attorney not a free legal forum. There is nobody better suited to answer your... Read more »

1 Answer | Asked in Estate Planning for New Mexico on
Q: If my mom set up a living trust in arizona and moved to New Mexico, is that trust still valid in New Mexico?
Nina Whitehurst
Nina Whitehurst answered on Jun 10, 2021

States do honor trusts that were validly created in other states, as a general rule. However, it is always a good idea to have your estate plan reviewed when you move from one state to another. An estate plan that was suitable and appropriate in one state might not be in another state due to... Read more »

1 Answer | Asked in Probate for New York on
Q: My ex-husband died we bought the house together save money how can I get my money back

Used both money but everything is my husband's name he passed away my money paid down payment the house we bought deed in his name now our killer kid trying to sell it .I m 71yr panic attack fears sleep less

Nina Whitehurst
Nina Whitehurst answered on Jun 10, 2021

You can try to make a claim in his probate case but it is going to be an uphill battle because that claim should have already been resolved in the divorce. An attorney needs to review all of the facts plus your divorce decree to help you determine whether it would be worthwhile for you to pursue.... Read more »

2 Answers | Asked in Estate Planning for Arizona on
Q: How do I add a family member to my deed as joint tenancy w/right of survivorship. House is free and clear.
Nina Whitehurst
Nina Whitehurst answered on Jun 10, 2021

The direct answer to your question is a family member can be added as a joint tenant with right of survivorship using a deed. You should hire an attorney to draw up the deed correctly.

HOWEVER, I agree with my colleague Ms. McCauley that you discuss the wisdom of doing this with an...
Read more »

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2 Answers | Asked in Estate Planning for Michigan on
Q: How do I correct a misspelled name in my Will, Power of Attorney and Health Advocacy paperwork?

Last name of my second sole personal representative (my niece) is misspelled. Can it be corrected or do I need all new documents?

Nina Whitehurst
Nina Whitehurst answered on Jun 9, 2021

You can replace all of those documents with new, corrected ones, of course, and that is the BEST solution. If that is not practical, then consider a same name affidavit to connect the dots between the misspelled name and the correctly spelled name.

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1 Answer | Asked in Estate Planning for New York on
Q: What recourse does one have if a supplemental needs trust was set up for someone who thought the beneficiary had SSI an

What recourse does one have if a supplemental needs trust was set up for someone who thought the beneficiary had SSI and not SSDI and the beneficiary doesn’t need the protection of the trust?

Can the supplemental needs trust be dissolved?

I've had a mental disorder since... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 9, 2021

Your question cannot be answered without reviewing the supplemental needs trust. Some include provisions for early termination if no longer needed, such as the beneficiary is no longer receiving needs-based benefits, or if the amount held in trust has become too small to be managed efficiently, or... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: I am a co-trustee. The beneficiaries have agreed to forgive a trust loan. Can I protect myself from future litigation?

I am a co-trustee of a trust created by my mother and step father. One beneficiary owed a rather large sum to the trust. The beneficiaries have chosen to forgive this debt to the trust. I'm afraid that in the future they will change their minds and take the co-trustees to court to go after... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 8, 2021

You are right to be concerned. My best advice would be to have an attorney help you draw up an iron-clad instrument for the successor trustee and beneficiaries to sign agreeing and consenting to the forgiveness of debt.

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: I am a senior citizen with no immediate family in the area & want to get a will, beneficiary, living trust for property

Since I have no family and on a limited income; I want to make my best friend my beneficiary & once everything is liquidated; she will delegate certain amounts to charities & people that I want to leave a little something to. Also, can I have a backup beneficiary since we're always... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 7, 2021

You are on the right path, and the things you are wanting to do are do-able. An experienced estate planning attorney can help you see this through. Most likely you are going to want to create a revocable trust with a will just in case. I would also recommend a general durable power of attorney... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: What happens in NC when a life estate holder outlives the remainder man listed on the life estate deed?

My grandmother and my father are listed on a life estate deed. The land in the life estate was to go to my father upon her death, but she outlived him. He died without a will. What happens to the land in the life estate since he died before her? He has a wife and 2 sons. His mother is still living.

Nina Whitehurst
Nina Whitehurst answered on Jun 4, 2021

The remainder interest is a part of your father’s probate estate. A probate case is needed to pass it to his heirs. Who inherits depends on whether or not he made a will and what his will said.

3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for New York on
Q: Can a failure of payment from a PA judgment be recorded as a lien in NY?

Judgement if lawyer fees from a contempt in custody. He hasn't paid anything and won't pay. After I get a judgement for contempt again, can the PA judgment be recorded against his house in NY?

Nina Whitehurst
Nina Whitehurst answered on Jun 3, 2021

Every state has a process for "domesticating" foreign judgements. It usually starts with obtaining a triple certified copy of the foreign judgement. A collection attorney in New York can help you with this.

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2 Answers | Asked in Probate for California on
Q: Who has the responsibility to file probate for a person that died without a will or trust & what if this was not done?

The husband of 8 months took over because he lived in HER house & he was able to ascertain what he could take after gaining access to her accounts. He was able to take everything (including her ashes) & he took most of it illegally. He was not named on any of her assets. He only paid her a... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 3, 2021

Any interested party can open a probate case for a decedent. It does not have to be the surviving spouse. It could be an adult child or adult sibling or even surviving parent. Or a creditor. But you will find this a whole lot easier to navigate with the assistance of a probate attorney. There... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Kentucky on
Q: Signed a purchase contract, seller passed away, now what?

In the state of Kentucky, we signed a purchase contract for a piece of real estate and was set to close at the middle of June. The owner unexpectedly passed and we are unsure of his will, estate, or heir information. Is the purchase contract legally binding and are we still legally able to purchase... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 2, 2021

If the contract was enforceable against the decedent, then it is enforceable against his estate. You will need a probate attorney to help you work through this. The decedent’s estate will need a probate attorney, too. Things will progress much better and smoother if all parties have legal... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: I am the personal representative for my parents’ estate. Does their credit union have to let me transact on the account

They have all necessary papers to prove I am personal representative. My parents’ estate is receiving stock dividend checks and the credit union is rejecting them. They refuse to deposit anything saying that I cannot transact on the account. It is difficult to get everything changed over to the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 1, 2021

Try contacting the issuers of the stock dividend checks and tell them that your parents are deceased. Provide death certificates and letters of administration and get them to re-issue the checks to you as PR of the estate(s) and then you can deposit the dividend checks to the estate account.

2 Answers | Asked in Probate for California on
Q: Considering hiring a new attorney. Been waiting 4.5 yrs for a probate resolution. Does this sound out of the ordinary?

My father passed about 5 years ago without leaving a will. My brother and I hired an attorney several months later to handle probate. If I understand the laws of California correctly it would mean that the additional properties my father owned upon passing should have been divided among his spouse... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 1, 2021

Stating that your case is "caught up" in probate is a very weak explanation. Your attorney should be giving you better status updates than that. At a minimum, you should be getting copies of everything that is filed in the case, whether filed by you or somebody else (such as step... Read more »

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1 Answer | Asked in Probate for Mississippi on
Q: My husband did not include me in his will. Am I correct in believing that the court will deem the will - renounced ?
Nina Whitehurst
Nina Whitehurst answered on Jun 1, 2021

You as the surviving spouse have a limited period of time to elect against the will after your spouse dies. It is not done for you automatically. If you are in this situation you should hire a probate attorney to help you immediately. The most you can receive by electing against the will is half of... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: I. Am listed on my mom's affidavit of heirs.Can they sell the house without me? What can I do since they avoiding. Me
Nina Whitehurst
Nina Whitehurst answered on May 30, 2021

The house can be sold if it is necessary to pay debts. There are other reasons why a house muight need to be sold, such as the will requires it. For a definitive answer tailored to your particular circumstances you need to engage a probate attorney to investigate the matter for you.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: The deed has our deceased mother's name at the beginning, and heir's and at the very end it says forever.

With the forever be in at the end she got a mortgage and me nor my sister signed on that mortgage on agreement to the mortgage nor did we see any of the money so is there any type loophole with the , forever, that gets us out of the mortgage.? So we can keep the land for our children

Nina Whitehurst
Nina Whitehurst answered on May 30, 2021

You might be misunderstanding the meaning of typical wording in a deed that says "to [name of Grantee] and her heirs and assigns forever". That does not mean that title is vested in the heirs along with the grantee. It just means that the grantee acquired fee title. The signatures of... Read more »

2 Answers | Asked in Estate Planning and Securities Law for Nevada on
Q: Do the State Courts have power to compel the company to lift restrictions on its stock?

The company refuses to lift restrictions on sale from the shares I inherited from my father who was an executive. They do not provide justification, looks like it is a bad faith to force me to sell the stock through them at a much lower price.

Father passed away 10 years ago after he... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 30, 2021

The answer to your question is most likely no. Corporations are subject to very strict laws regarding the issuance of stock to non-insiders. Public offerings are extremely expensive. Even private offerings must be done in accordance with strict rules requiring certain minimum disclosures and... Read more »

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