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Questions Answered by Nina Whitehurst
1 Answer | Asked in Estate Planning and Banking for Georgia on
Q: Are gold bond stamps worth anything now?
Nina Whitehurst
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Nina Whitehurst
answered on Jun 28, 2022

Apparently they are. A quick internet search revealed this:

To redeem S&H Green Stamps call the toll-free number 1-800-435-5674 and request a catalog. Stamps are redeemable in merchandise or cash at $1.20 per full book. If you want to redeem your stamps for cash, mail the books to...
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1 Answer | Asked in Estate Planning for Tennessee on
Q: My in-laws had their will/trust drawn up by a company that’s no longer in business. How do we find the original?

The company was Mid-South Estate Planning, which seems to have been charged with fraud or illegal practice.

Nina Whitehurst
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Nina Whitehurst
answered on Jun 28, 2022

In the "old days" attorneys did routinely hold original wills in their safes. This was in part due to the fact that most regular folk could not afford their own safes and partly due to the attorney's desire to handle the probate when the client died. Now that safes are more... Read more »

2 Answers | Asked in Probate for Tennessee on
Q: If I am joint owner of Mom's banking account will the court order that also to be split?

If I am joint owner of Mom's banking account will the court order that also to be split?

There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 27, 2022

You really should schedule a consultation with a probate attorney. I could give you a glib answer that the surviving joint owner is now the sole owner of the account but that would be without reviewing ALL of the facts. First, you might think you are a joint owner but in fact you are not. An... Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: If I am the only living child will a court award disbursement to my deceased brother's children

There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it should be split equally between my brother and me. But I am told it is not a valid will. Would I not... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 27, 2022

When a person dies without a valid law, heirship is determined by the laws of intestate succession. It sounds like your mother was single when she passed. In that case the estate is split into one share for each child, living or deceased, unless a child died without any living descendants of his... Read more »

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: If a will can't be found and the estate goes to probate, does the length of marriage factor into what a spouse receives?

For example, if your 75 year old father got married a year before he died, will probate court take into consideration that his "wife" was only so for a year, where as his money and assets were acquired over the lifetime of his 40plus year marriage to the mother of his two grown children,... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 27, 2022

That is a good question because the surviving spouse's share is different depending on whether or not there is a will. If there is no will, like my colleague Mr. Avery stated, the surviving spouse's share is determined by the laws of intestate succession. At the risk of oversimplifying,... Read more »

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1 Answer | Asked in Estate Planning and Probate for Iowa on
Q: My mom died March 5 of this yr and my stepdad died 2 months following,

My sister made it seem to us that she was in control of everything and would not even let me go in my mom's house. Here it is a couple months later and I just found out by that sister that they found my mom's original will and I am the only child on it and her lawyer advised her to walk... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 21, 2022

You need to obtain the original will and hire a probate attorney to help you. If your sister refuses to deliver the will to you, a court can compel her to do so.

1 Answer | Asked in Criminal Law and Probate for Oklahoma on
Q: Can a notary notarize their own quit claim?

The day before my dads death in 1996, my stepmom notarized her own quit claim with her notary stamp. My first question is if that is or was legal then. My second question is what benefit would it be since the quit claim basically added her in the second party JTWROS since they were married at the... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 19, 2022

Definitely not. A notary public may not notarize his or her own signature.

2 Answers | Asked in Estate Planning and Tax Law for California on
Q: Changing the asset of a QPRT.

I placed my residence in Virginia into a QPRT two years ago splitting it between my two children. My son has since become disabled. I bought a house for me and my husband in California this month and am currently in the process of selling my house in Virginia under the QPRT. I want to buy another... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 19, 2022

This is a question that is best posed directly to the attorney who helped you create the QPRT as he or she knows best what your existing QPRT provides.

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Do I have to pay the mortgage on an inherited house if I put it in a trust?

I am the sole person, listed as beneficiary & awarded in probate court.

Nina Whitehurst
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Nina Whitehurst
answered on Jun 17, 2022

You don’t HAVE to pay the mortgage, but if you don’t the lender will foreclose and you will lose the house. Putting it in a trust will not change this reality. If it did everyone would do it.

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1 Answer | Asked in Probate for Connecticut on
Q: If there is a beneficiary on the deceased persons bank account can that beneficiary automatically use money after death

My sister is on my mother's bank account as the beneficiary can she automatically use the money in the account to pay bills after my mother's death without going through probate

Nina Whitehurst
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Nina Whitehurst
answered on Jun 16, 2022

Yes and no. The bank will need to be provided with a death certificate first before they update the name on the account.

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: My son died without a will. I am the heir. Can I quit claim the house to his partner after it is quit claimed to me.

My son's last wish (no will) was that his partner own the home they lived in. Being the heir (his mother), with him having with no children or wife, the home will be quit claimed to me. I wish to quit claim it to his partner asap. Can I do this or will she have to be approved through the... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 15, 2022

As with so many things, there are many issues to consider. Yes, once you are the owner you can quitclaim the property to anybody you want. You should talk to your CPA about whether this will trigger a gift tax for you. Most likely it will not, but that is an issue to pin down. And, yes, there... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: How do I go about getting a copy of my father's will in Tennessee?

I believe my brother overlooked an entry.

Nina Whitehurst
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Nina Whitehurst
answered on Jun 14, 2022

You will have to ask your father for a copy. He is the only one that has the authority to release the original or copy of his will, for as long as he is alive.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Mississippi on
Q: Why does my sister have to pay a lawyer to get my deceased mother's house in her name?

My mother died from a terminal illness. After mom passed away my sister said she didn't leave a will but later on she said she found a will and mom had left me her car . I also asked her about my mom's bank account cause the hospital just gave my sister my mom's debit card, she said... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 14, 2022

This does not sound at all like you are being played. When a person dies, everything he or she owned in his or her individual name (with no beneficiary designations) must go through a legal process called probate in order to get those things transferred to the intestate heirs (no will) or... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Florida on
Q: is there a way to evict someone out of a house if they own 50/50 but don't actually help pay for the house & other bills

My wife owns 50/50 of a house with her sister because when their mom passed away, she didn't have a will. Is there any way we can legally get her evicted from the house and ownership of it? She doesn't work. doesn't pay the mortgage, electric, water, etc... we pay all the bills while... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 14, 2022

The best solution to your wife's unfortunate situation is to her to hire a real estate litigation attorney to file a lawsuit called a "partition action" to force the sale of the house. Your wife and her sister would then split the proceeds. She might be able to convince the court... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: My son passed away in December of 2021. I am the administrator over the estate. My daughter has sold all of his persona

Sold all his personal property worth 116,000 dollars. How do I get it back. The estate has not been through probate yet

Nina Whitehurst
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Nina Whitehurst
answered on Jun 14, 2022

That is a terrible situation. I am sorry to hear you are going through this. Unfortunately, you probably cannot get the personal property back from any of the buyers unless you can find them and can prove that they knew or should have known that your daughter did not have authority to sell the... Read more »

1 Answer | Asked in Probate and Estate Planning on
Q: Can the original property owner, being of sound mind and judgement, void, terminate or amend, transfer of deed form?

My daughter passed away. I would like to remove my grand daughters name from the transfer of deed document and keep "only my natural born son and caregiver", as the only and sole beneficiary.

Nina Whitehurst
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Nina Whitehurst
answered on Jun 14, 2022

It sound like you might be referring to a transfer on death deed that you have previously recorded and now you want to change it. In most states that can be done simply by recording a new transfer on death deed. The new one automatically revokes the old one. But you did not say what state this... Read more »

1 Answer | Asked in Probate for New Mexico on
Q: IF My sibling and myself, are both listed as beneficiarys and the will says my siblings name and uses the word (and)and

Then Says my name does that mean that she inherits the estate then when she passes it goes to me

Nina Whitehurst
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Nina Whitehurst
answered on Jun 11, 2022

Your question cannot be answered without reviewing the actual language of the will, but most likely you and your sister will inherit equal shares.

1 Answer | Asked in Estate Planning for New Hampshire on
Q: Will question : if a will is drawn up in one state and then the person lives in another state us will valid ?

Mother moved to another state for last 12 years of her life , is the will valid in the second state ?

Nina Whitehurst
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Nina Whitehurst
answered on Jun 9, 2022

Most states do honor a will drawn up in another state as long as the will was validly created in the other state according to the laws of the other state as the time the will was executed. However, that creates a problem of proof in the new state. When it comes to probating the foreign will, the... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: If real estate is passed in probate from a pour-over will to a rev trust, do the beneficiaries still get step-up basis?

If so, I assume you have to first deed it to the trust and then deed it to the beneficiaries before selling, correct?

Thanks!

Nina Whitehurst
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Nina Whitehurst
answered on Jun 9, 2022

The answers to your questions are yes and yes.

2 Answers | Asked in Probate for New York on
Q: MY FATHER PASSED AWAY AND LEFT HIS ESTATE TO HIS WIFE AND 4 OF HIS CHILDREN. AFTER HIS DEATH THE WIFE CHANGED THE WILL.

SHE made a will leaving my dads estate and a settlement from his job to her adopted daughter and boyfriend. is this legal. I am the Executor and oldest daughter, what are my rights

Nina Whitehurst
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Nina Whitehurst
answered on Jun 8, 2022

Your father's wife has no authority to change the plan of distribution for your father's estate except as to the share she inherited.

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