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Questions Answered by Nina Whitehurst
1 Answer | Asked in Probate for South Carolina on
Q: WHAT DOSE THE LETTERS ETAL STAND FOR AFTER A PERSON NAME AFTER PROBATE COURT? EXAMPLE; TERRY DUKE ETAL
Nina Whitehurst
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Nina Whitehurst
answered on Nov 29, 2022

That stands for “and others”.

1 Answer | Asked in Estate Planning for Montana on
Q: who becomes executor of a trust if executor dies before children reach age to control it?

My ex has terminal cancer her elderly parents are executors, kids wont be of age for 9 years. (age 25)

Nina Whitehurst
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Nina Whitehurst
answered on Nov 28, 2022

Trusts do not have executors, so you probably meant to ask who will be the successor trustee if the named trustee has passed. The answer is whomever is named as the successor trustee in the trust instrument. If no successor is named, then a petition will need to be filed with the court to have... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: mothers will was changed 2 months after my stroke and she died just 10 months later she was vulnerable at the time ?

She had no transport/way to get food etc. as I was not able at the time to do for her-I feel he took advantage and he had unreal financial debt at the time. what can I do? My younger brother did this to her

Nina Whitehurst
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Nina Whitehurst
answered on Nov 28, 2022

You can hire an attorney to contest the will on the basis of lack of capacity or undue influence or both. Do not delay because there are deadlines for will contests. If you miss a deadline you will lose your right to ever contest the will.

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: I received a letter from a lawyer saying a deceased man with my last name left an estate and he is looking for relatives

Is this a scam?

Nina Whitehurst
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Nina Whitehurst
answered on Nov 24, 2022

Maybe. Maybe not. Ask him for a copy of the death certificate and letters of administration.

3 Answers | Asked in Estate Planning and Family Law for Georgia on
Q: Father-in-law has will naming his 4 children as beneficiaries.

Father-in-law said, according to his Georgia attorney, my husband's portion could not be left to me (spouse) should he predecease his father. It could only go to his remaining 3 children or progeny of me and my husband. Is this true? My husband told his father he would want me to receive... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Nov 18, 2022

You father-in-law's money is his money and he can leave it to anybody he wants. He could disinherit all of his children and leave it all to charity if he wanted to. So, yes, your father in law can choose to disinherit his son and all of his son's relations (including you) if his son... Read more »

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1 Answer | Asked in Estate Planning for Washington on
Q: can a beneficiary be removed from a will by a codicil or does the will need to be rewritten?
Nina Whitehurst
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Nina Whitehurst
answered on Nov 17, 2022

Either a new will or a codicil will work. Conventional wisdom is a new will is better so that the codicil can't be separated from it and "disappeared" and for other reasons. Remember to destroy the old will and all copies of it after the new will is done, and also remember to... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My dad died and left a will with my sister and myself as co-executors. It is in probate now, but she is to inherit the

home place and I am to inherit vacant land. The probate lawyer insisted that the rent from the vacant land which will be mine to be placed in the estate account. However, my sister is collecting rent from the

house she will received, but she is not depositing any funds into the estate... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Nov 17, 2022

Fire that attorney. Hire another attorney to finish up the probate and file a petition to have your sister removed as co-executor based upon conversion of estate property.

1 Answer | Asked in Estate Planning for Kentucky on
Q: After my husband's passing 10 years ago do I have to leave them anything in my will at my passing they never visit call

Or anything unless to start drama. They say I have to have my home sold and divided equally with them as he and I had 8 children we adopted plus 3 of ours together I have paid every payment tax and insurance on the house the last 10 years. Alone and still owe 8 more years on it

Nina Whitehurst
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Nina Whitehurst
answered on Nov 15, 2022

As a general rule, you do not have to leave anything to anybody in your will if you don't want to, unless you have entered into some kind of contract that says otherwise (some people do). But that is not the end of the inquiry. The question is whether you own the house 100% solely in your... Read more »

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: My mother and brother are both disabled and live together in Texas. Mother is very I'll and we are trying to plan

There is a mortgage on the home and both are on it but my mother wants to leave her half of the interest and equity to me. Is this possible with a mortgage debt still on the home?

Nina Whitehurst
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Nina Whitehurst
answered on Nov 7, 2022

Yes, your mother can leave her half to you even if the home has a mortgage on it. If she does that, then after she passes you and your brother will need to keep making the mortgage payments on the house lest the bank foreclose. In the end, you and your brother will probably end up selling the... Read more »

1 Answer | Asked in Real Estate Law on
Q: Unfinished development but safe development. Can the council force you to finish all of it to complete the design?

I own a 3 storeys block of flats. Let's assume I have planning approved to build a 2 storeys extension on top of the existing building to create 7/8 flat and remodel the whole building. Let's assume that as part of the planning granted I'm able to change the balconies, the front... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Nov 3, 2022

I am writing to let you know that you are unlikely to receive an answer to your question because you have posted it in the wrong category. This is not an estate planning issue; this is more of a real estate development issue. Also, you did not post the jurisdiction and that matters a lot.... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: Should I sign a receipt and release form before receiving my inheritance?
Nina Whitehurst
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Nina Whitehurst
answered on Nov 2, 2022

You will receive your inheritance a lot faster if you do and the estate will incur less expense if you do, which translates into more inheritance for you. If you have no reason to suspect wrongdoing on the part of the executor, then I would normally say yes. But if you suspect wrongdoing, then... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: how to transfer MI formed trust to Tenn
Nina Whitehurst
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Nina Whitehurst
answered on Oct 28, 2022

This can be accomplished by either amending or restating the trust, with restatement being more common for other reasons.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Bank of America won't accept Holographic will. It is entirely handwritten, dated and signed by the deceased.

Bank account is well under $50,000. How can the bank refuse to accept the will and give me the bank account? I am the only person listed in his will to inherit everything he owned. I am/was a close friend for 30 years. We were never married and never had any children together or owned anything... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Oct 21, 2022

The bank does not have to accept any will, handwritten or notarized or witnessed or whatever. It is the probate court that decides if a will is valid. You probably need to hire a probate attorney to help you with this. If the estate truly is small, a probate attorney can help you prepare a small... Read more »

2 Answers | Asked in Estate Planning for California on
Q: I think my husband blew it and messed up his deceased mom's house deed he shares with his brother....

So the house was in a trust and transferred to my husband and his brother. Right now my brother in laws wifes daughter and husband rent it, basically covering the remaining mortgage. My husband wants to leave his half to our kids. I caught sight of the dead and it seems they are joint tenants. Is... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Oct 11, 2022

There are ways to break the joint tenancy, yes. Your estate planning attorney should be able to help you with this.

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1 Answer | Asked in Estate Planning for California on
Q: Can my wife and I be compelled by a Texas court to reveal the details of our revocable, living trust?

My son and his spouse live in Texas and are divorcing. My son received an order from a Texas court that he produce items requested by the spouse's attorney. One item requested were any documents related to his parent's trust. We live, and our revocable, living trust was created, in... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Oct 9, 2022

You posted this in California for California attorneys to answer, but most California attorneys do not know Texas law. Some might, but most are not licensed in both states. If you are asking a question about Texas law, you should post it under Texas.

In the meantime, you might want to...
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1 Answer | Asked in Real Estate Law and Probate for California on
Q: My Aunt lives in house in which the title and deed is under her deceased mother’s name. All her siblings are deceased.

Out of 10 siblings she is the only surviving, its been over 50 years since my grandmother passed. My aunt would like to change the name of the title and deed to her name. Will it be an easy process or a can of worms.

Nina Whitehurst
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Nina Whitehurst
answered on Oct 8, 2022

If when your grandmother passed your grandmother was survived ONLY by your aunt then this will be relatively easy. You will need to gather a lot of death certificates to prove the order of death. If your grandmother was survived by others such as a husband or additional children, then it will... Read more »

1 Answer | Asked in Probate for West Virginia on
Q: I am from WV. My dad died recently. I need to know if everyone that dies has to be probated?
Nina Whitehurst
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Nina Whitehurst
answered on Oct 6, 2022

The purpose of probate is to retitle assets owned by a deceased person. If a person dies owning nothing, then no probate is required (with vary rare exceptions). This may sound impossible to you, but actually it is surprisingly common.

A perfect example is the person who engaged in...
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5 Answers | Asked in Probate for Florida on
Q: Personal representative for deceased relative
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Nina Whitehurst
answered on Oct 6, 2022

Do you have a question?

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1 Answer | Asked in Estate Planning for Tennessee on
Q: I was my aunt's beneficiary on her life insurance. Her husband says give to him or sue me. Can I be sued for it.

Life insurance was in Kentucky. I live in Nashville TN

Nina Whitehurst
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Nina Whitehurst
answered on Oct 6, 2022

Anyone can sue anybody for anything so, yes, you can be sued. The real question is who would win. Most likely you would win, unless there are other facts that you have not provided. You can take some comfort in knowing that it is unlikely that any (good) attorney would take that case on behalf... Read more »

1 Answer | Asked in Probate on
Q: In Kentucky, if an heir passes away prior to finalizing a will, does there portion go to their children?
Nina Whitehurst
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Nina Whitehurst
answered on Oct 5, 2022

It is not possible to fully and definitively answer your question without more facts, but usually what happens in that circumstance is another probate is required to administer the estate of the heir that died without a will. That deceased heir's estate would include the inheritance in the... Read more »

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