Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Nina Whitehurst
1 Answer | Asked in Probate for Arizona on
Q: oK friend, left home to me in August 24 2021 we notarized a join tenancy deed lawyer did't recorded it what do i do.

I filed malpractice against that lawyer am I in the right track i know my friend since 2009 but moved in with him In 2016 I helped him a little to buy the home in 2018 .We wonder about documents that we notarize with PLLC lawyer he said we get something in mail.On august 24 2021 from Maricopa... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2022

This is a question that you should be asking the attorney who is helping you with the malpractice lawsuit. If you did not obtain any advice before filing the lawsuit, then that was a very big mistake. You could be wasting a lot of money.

No attorney in this forum can give you any kind of...
Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Parents have a trust, but dad never changed titles of property or accounts into the trust. He recently deceased.

Mom is executor and trustee. Can mom avoid going to clerk of court or does she now have to open an estate? Should she still fill out that there is a will?

What does this mean..."If the trust hereinabove referred to in is not in effect at my death, or if for any other reason the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2022

You are describing what sounds like a pour-over will. It means that the testator wants all of his property to be administered by the terms of his (or their) trust. The best practice is to transfer all property to the trust during lifetime. The pour over will is only there to catch things that... Read more »

1 Answer | Asked in Estate Planning for Montana on
Q: .My significant other has no will. What are the consequences for me upon his death?

We reside together in the state of Montana. He has a storage locker filled with valuables. My name is listed on the storage locker paper work.

Nina Whitehurst
Nina Whitehurst answered on Jan 12, 2022

You are wise to be concerned about this. Single couples need to do estate planning more than just about any other demographic! The reason is, if a single person passes without a will or trust, his or her estate goes to the next of kin NOT TO THE UNMARRIED PARTNER. Also, if ANY person becomes... Read more »

2 Answers | Asked in Criminal Law, Probate and White Collar Crime for North Carolina on
Q: After being named Executor for the estate it's discovered that the (POA) took atleast 180,000 for personal use.

POA added her name to accounts making them joint accounts to have survivorship rights and to block Executor of estate from seeing what money was spent on. Used Zelle to move money out of joint accounts to pay credit cards and into personal accounts. Paid car note off then sold car and mothers car... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 11, 2022

This is a classic case of breach of fiduciary duty, conversion and probably other torts (and crimes). The case against the wrongdoer is an asset of the estate. As the executor, you have the authority to sue the wrongdoer on behalf of the estate for the return of the stolen funds. This is not a... Read more »

View More Answers

1 Answer | Asked in Estate Planning for North Carolina on
Q: As power of Attorney for a relative who cannot handle her deceased son’s estate, can I name a family member executor?

I have POA over his next of kin, his mother, I need to name a family member executor.

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2022

A person nominates an executor for his or her eventual estate in his or her will. An agent acting under a power of attorney does NOT have the authority to make or amend a will for the principal so, no, you cannot "name" an executor for another person.

Also, understand that a...
Read more »

1 Answer | Asked in Contracts and Estate Planning for California on
Q: what legal document do I need to get?

My girlfriend and I bought a house and she is the one who is on the title I have put $100,000 so far into this home increasing property value and plan to put much more into it. I am worried that if something happens and we split I will be out of everything I put in. What can I do to bind a contract... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 6, 2022

You are very wise to be concerned about this. There is more than one way to handle this, and the correct choice depends on a lot of factors that you should discuss with an attorney. Maybe you need to be put on title with a percentage interest in the house. Or, maybe you should have your... Read more »

1 Answer | Asked in Estate Planning for Michigan on
Q: If a son who is married leaves his 401K to his mother?

My son a couple years ago not sure why but, laughed and told me one day when he passed i would become a rich woman because, he had just made me beneficiary to his 401 k. i ask this because he passed from cancer recently . during a conversation with his wife who told me he had left his 401 k to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 2, 2022

You have multiple options, but there is not enough information here to suggest the one that is optimal. My best advice would be to contact an estate planning attorney for assistance. He or she will want to take into account your age, the ages of the children, their maturity and financial acumen,... Read more »

3 Answers | Asked in Probate for Florida on
Q: I put personal money in an estate acccount, what do I need to do? Am I going to jail or contempt of court? Or worse

I am the executor of my moms estate.

I am also beneficiary of stocks and were transferred to my account as soon as the death was reported.

As the executor I was told all assets need to be distributed equally. So as soon as I got the stocks I sold them and put the money in the estate... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 2, 2022

An estate administration attorney can help you sort out the truth and prepare a proper accounting. This is not something that can be taught in a free legal question and answer forum.

View More Answers

1 Answer | Asked in Estate Planning for South Carolina on
Q: How do I start an LLC which is for a Trust I am going to setup?
Nina Whitehurst
Nina Whitehurst answered on Dec 28, 2021

The BEST advice that any attorney can give you is to hire an attorney to help you do this the right way. Too many times people try to do this themselves in an attempt to save money and mess it up so badly that is costs MORE to fix the problems than it would have cost had they hired an attorney at... Read more »

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: What can be done if an a family member took a laptop and cell phone of a person that just passed home?
Nina Whitehurst
Nina Whitehurst answered on Dec 25, 2021

After being appointed by the probate court, the executor has the power to collect all of the decedents assets, including obtaining court orders to third parties to turn them over to the executor.

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: What can be done to remain on Medicaid if you received a check for $7000 from the death of a parent.

Special needs person living on SS, is low income & on Medicaid. He received a $7000 check after his mother died. We are trying to find out what we can do so he doesn't get kicked off Medicaid. This money is everything he has in the world. He can't afford medical insurance and... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 15, 2021

Whatever he does, he shouldn’t transfer the money to your sister. That would be considered in uncompensated transfer and would generate a penalty period And he will not have the funds to pay through that period of ineligibility. The easiest solution is to spend the money quickly on services such... Read more »

3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: My living trust includes my rental home. If I create an LLC for that rental, does the LLC need to be added to the trust

My living trust was created in the past, and it already includes my rental property. Next year, I want to create an LLC for my rental property. After the LLC is created, do I have to add the LLC into my trust?

Nina Whitehurst
Nina Whitehurst answered on Dec 15, 2021

Yes, you would convey the renal home from your trust to your LLC and that would constitute your capital contribution to your LLC. But do not do anything without the assistance of counsel. A lot of people create LLCs on their own without fully understanding what they are getting into and they end up... Read more »

View More Answers

1 Answer | Asked in Estate Planning, Family Law and Probate for Nevada on
Q: My mom has a revocable living trust. I am her only son. I am the successor trustee and beneficiary.

We live in her home which is in the trust. When she passes can I take over payments and keep the home? She owes 350k but house is worth 700k. We are in NV

Nina Whitehurst
Nina Whitehurst answered on Dec 13, 2021

You would be considered a "successor in interest" and, yes, you can just keep making the payments. When the trust administration is complete and the home is in your name, provide a copy of the deed to the mortgage lender and let them know that they should start sending statements to you.

1 Answer | Asked in Probate for New Hampshire on
Q: I live in New Hampshire and was just told by the probabte lawyer that I have to sell my mom’s house where I reside

I live in New Hampshire and was just told by my probate lawyer that since my name is not on the home with the mortgage that I either need to pay the loan in full or get some type of financing as the Due on Sale clause will take effect. I was told by the bank that has the mortgage that I could just... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 12, 2021

Some facts are missing. There are federal laws that prohibit acceleration of home loans under certain circumstances when a borrower dies. There are not enough facts here to definitively determine whether your facts fit within those exceptions to the due on sale clause. But if the bank has no... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Health Care Law for Illinois on
Q: If a parent is put in a memory care assisted living by a POA. As a heir can I find or get a look at the POA

I believe fraud is Occurring

Nina Whitehurst
Nina Whitehurst answered on Dec 8, 2021

There isn't a real good way for you to get a look at it, because neither the principal nor the agent are obligated to share it with you. But if you have good grounds to suspect that elder abuse (financial or emotional or other) is taking place, then report it to your local Adult Protective... Read more »

3 Answers | Asked in Divorce, Estate Planning, Family Law and Tax Law for Michigan on
Q: Can wife and I establish a family trust as co-trustees regarding properties that can withstand an uncontested divorce?
Nina Whitehurst
Nina Whitehurst answered on Dec 7, 2021

If you create and fund an irrevocable trust wherein you two essentially give up all rights to withdraw principal and income, and then divorce later, that property in the trust would not be considered marital or separate property; it would not be "your" property at all, and therefore it... Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Arizona on
Q: If my father has passed away interstate, but I am named power of attorney, does that make me "Next of Kin?"

So my father has passed away, and I was labeled power of attorney. I have the death certificates, all the paperwork from his funeral services, and an open probate case for the house. I basically just need to know if I have authority to demand rent from people who resided in the house before my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 5, 2021

The power of attorney automatically ended when your father passed away. If you have been appointed executor or personal representative or administrator of his estate then, yes, you have the authority to enforce any existing lease, including demanding rent pursuant to the lease. Or you can evict... Read more »

2 Answers | Asked in Estate Planning for Tennessee on
Q: Brother died with no will, my mother & I are only living relatives. Will assets be distributed evenly to each of us?

Since my brother had no will, I understand that his estate must go to probate especially since he had real property. Will assets in probate court be distributed evenly to me & my mother (we are in TN)?

Nina Whitehurst
Nina Whitehurst answered on Dec 5, 2021

If your brother died with no will, no surviving spouse and no living descendants (children or grandchildren of his own), then his entire estate goes to his then living parent(s).

View More Answers

1 Answer | Asked in Estate Planning on
Q: Inheritance issue

My father recently passed away and left me and my sister a house in Europe. As it has no use to me, I'd like to sell it. Neither him nor I have spoken to her in over 20 years, she's gotten married in the mean time and we live on different continents, I have found no way to contact her,... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 4, 2021

An heir search firm can help you find your sister. You will need her cooperation to sell the house.

1 Answer | Asked in Probate for New Hampshire on
Q: If I inherited a home in New Hampshire that has a mortgage can and I continue the mortgage payments?

I inherited a home with a mortgage from my mom. My name is not on the house can I continue the mortgage payments as is as I am now the successor of interest or do I have to pay the whole mortgage up front before closing.

Nina Whitehurst
Nina Whitehurst answered on Dec 3, 2021

You may keep making the mortgage payments, yes. Federal law prohibits acceleration of the loan on the grounds of the death of the decedent and transfer to a child.

You do need to notify the lender of the death of their borrower and your status as "successor in interest" so they...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.