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Questions Answered by Nina Whitehurst
1 Answer | Asked in Real Estate Law and Probate for Mississippi on
Q: Can I be named sole owner of my grandmother's property? She died 11 years ago and had a will.

At the time of my grandmother's death she still owed a mortgage on her house. I paid off mortgage and have paid all taxes and upkeep on property. Her will states house is to be divided between my aunt, her 3 kids and myself. No one has paid anything except me. Her will has not been probated.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 9, 2021

A person's will cannot be changed after the person has passed.

It sounds like you are living in the house and that is why you have paid the mortgage, taxes and upkeep. When one co-owner pays carrying costs, normally that co-owner is entitled to reimbursement from the other co-owners...
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1 Answer | Asked in Estate Planning for Tennessee on
Q: Can someone who was adopted by a step parent in early childhood claim their biological parents inheritance in tennessee?

Now the person is in their 40’s claiming to be a biological child and got a post death DNA test.

Nina Whitehurst
Nina Whitehurst answered on Jul 6, 2021

TCA 36-1-121(e) provides:

An adopted child shall not inherit real or personal property from a biological parent or relative thereof when the relationship between them has been terminated by final order of adoption, nor shall such biological parent or relative thereof inherit from the...
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1 Answer | Asked in Estate Planning for Texas on
Q: Revocable Living Trust, one spouse dies, question.

Will the child of the deceased parent be entitled to any proceeds from the sale of the house. The property is in wife and husband's name. Should I contact a lawyer? Thank you.

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

There is absolutely no way of knowing what the plan of distribution is under a trust without reviewing the trust instrument itself. But if the house is in the names of the two individuals as husband and wife, then that means it is not in the trust and so the terms of the trust do not matter. In... Read more »

1 Answer | Asked in Probate for Texas on
Q: Regarding the extent of an Executors "authority"

The Will states persons A, B and C will inherit a house in equal shares. The Distribution Deed, signed by the Executor (which is also person A) shows A, B and C as the "Grantees". Once that Deed is processed (county? state?), and A, B, and C are the "owners", does... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

That is a good question. After the property is distributed (deeded) to A, B and C, the executor is longer in charge of the property. A, B and C are in charge, and everything they do must be unanimous. But any one of them can force a sale by going back to court if he or she is no longer... Read more »

2 Answers | Asked in Criminal Law, Estate Planning, Military Law and Real Estate Law for Louisiana on
Q: i need an attorney that deals with veteran estate fraud. i was not notified of my grandfather death. it was almost 8 y

he was not given proper burial and he has lot of property in diff. states.

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

Attorneys in this forum are not allowed to respond to you to indicate their availability. They can only answer questions of a general nature. Click on "Find a Lawyer" above and look for a probate attorney in your area. You must initiate contact.

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3 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Banking for Louisiana on
Q: there is a contractor who lied to everyone and said grandfather had no living relatives which made him administrator.

there is so much more and i do have proof its just finding a lawyer that will listen and take interest. this could turn into a huge case and ive been told poss. movie,,,lol. there is alot and these people have stolen, lied, bullied, and manipulate

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

Please understand that attorneys in this forum are not allowed to contact you, provide their contact information in a response, or in any way try to solicit your business or indicate their availability to help. You need to make the first contact. Click on "Find a Lawyer" above and... Read more »

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1 Answer | Asked in Estate Planning and Elder Law for Michigan on
Q: How do I remove myself as alternate or substitute agent from both financial and healthcare Power of Attorney documents?

This is in the State of Michigan.

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

There are two ways to do this. The first way is to inform the maker of those instruments that you are not willing to serve and ask that he or she revoke the existing instruments and make new ones. If that is not possible, then you can simply decline to serve. This should be done in writing and... Read more »

2 Answers | Asked in Estate Planning for Oklahoma on
Q: Inheritance taken by stepmom

My grandfather passed his estate to my father, an only child. The estate was supposed to pass to me and my half-brother. My step-mother had my father sign documents transferring all of the estate to her alone. He had been diagnosed with alzheimers a year earlier. My brother and I got absolutely... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

You might have grounds to challenge the lifetime transfers or your father's will (unclear which applies) due to lack of capacity. However, you must act quickly due to statutes of limitations and also practical considerations (if you wait to long it might all be gone). You are looking for a... Read more »

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1 Answer | Asked in Divorce and Estate Planning for Pennsylvania on
Q: Is there a way to protect an inherited IRA and any distributions from a spendthrift spouse or divorce?

Is an inherited IRA protected from a divorce? If distributions from an inherited IRA are made into an account solely in the name of the IRA recipient, are those distributions protected from divorce? Can those distributions be made directly to the recipient's living trust that has a co-trustee... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 30, 2021

Drafted correctly, a trust or trusts as beneficiary(ies) would not have any different tax consequences than naming individual beneficiaries. Look for an attorney in your area that understands how to draft a "see-through" retirement plan trust.

2 Answers | Asked in Estate Planning for Arizona on
Q: Can a errevocable trust be changed. My step mom is trying to remove me from my dad's and hers trust. My dad has passed

I was a successor to the trust. I was told my step brother is now successor. My dad wanted a church to get a percentage, I was told she removed them from the trust. I was told by my step brothers wife in secret, that it was asked if I should be removed aswell. I have no paper work on what is an... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 29, 2021

This question cannot be answered without reviewing the trust in question. No two trusts are alike.

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2 Answers | Asked in Estate Planning for Louisiana on
Q: I have Durable Power of Attorney over a love one who is terminally ill. Does that allow me to sign off on lawsuit

paperwork which was settle.

Nina Whitehurst
Nina Whitehurst answered on Jun 28, 2021

I am sorry to say that it is not possible to answer your question without reviewing the power of attorney instrument. It might or might not contain that authority.

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: do you have to go through probate in TN when there's a will?

mother had a will leaving everything to my husband and his sister who died 30 yrs ago with no heirs of her own. there is a house and 2 small lots in Arizona, plus an older minivan, checking account and savings account. we gathered death certificates for his dad, sister, and mom and tried to file... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 28, 2021

Yes, probate is how wills are administered. That said, a whole lot more information is needed to determine exactly which probate process(es) is/are needed and in which state(s). If the decedent had real property in multiple states, for example, you might need a probate attorney in each state.

1 Answer | Asked in Probate for South Carolina on
Q: What exactly does a quitclaim deed ?

Will I be jeopardizing my rights for keeping the real property and personal property by signing a quitclaim deed. I’m pay the mortgage.

Nina Whitehurst
Nina Whitehurst answered on Jun 26, 2021

A person signing a quitclaim deeds gives up all of his or her rights in the subject property, if any. Put another way, yes, the person signing the quitclaim deed gives up all right for keeping the real property that is the subject of the quitclaim deed. Quitclaim deeds to do not convey personal... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Land Use & Zoning for Tennessee on
Q: I received a motion for publication in the mail in regards to the house i live in . Which the owner is deceased.

What's a notice by publication.

Nina Whitehurst
Nina Whitehurst answered on Jun 26, 2021

Notice by publication serves to give the person notified notice of the matter or proceeding when the party pursuing the matter isn't certain that they have the correct mailing or service address of someone. It sounds like you have received both actual notice and notice by publication (which... Read more »

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: What happens to a long term significant other when the owner of a house dies without a will in Kansas?

Lived together for 10 years, only one taking care of him through Cancer

Nina Whitehurst
Nina Whitehurst answered on Jun 21, 2021

When a person dies without a will, he is said to have died “intestate”, and the persons who inherit from him are determined by that state’s laws of “intestate succession”. The laws of intestate succession direct a hierarchy of kinship that generally favor the spouse and children first,... Read more »

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3 Answers | Asked in Probate for New Jersey on
Q: Can a Executrix change any information on the Will after the death of the person?

Received a Will to sign and the information does stay the verbal information I was told by the deceased.

Nina Whitehurst
Nina Whitehurst answered on Jun 18, 2021

The short answer is no, a will cannot be changed after the testator has died. You probably did not receive a will to sign. The only will you can sign is your own. If you do not understand what you are being asked to sign, you should take it to a probate attorney to review.

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1 Answer | Asked in Probate for Arizona on
Q: How can I get a letter of administration.
Nina Whitehurst
Nina Whitehurst answered on Jun 16, 2021

You need to petition the probate court to open a probate case (estate) and to have yourself appointed as the personal representative for the estate. A probate attorney can help you with this.

1 Answer | Asked in Criminal Law and Probate for Massachusetts on
Q: What lawyer/lawyers would I need to help my partner sell his house he has inherited while he is incarcerated. Thank you

My partner is currently incarcerated, he has inherited a house from his father who recently passed, who wants to take completely ownership of the house and sell it. How does the process work and what lawyer/lawyers would I need to contact to do this. Is it best to have probate or criminal law... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 15, 2021

He needs a probate attorney to help him get the house transferred from his father's estate and into his name, and then he needs a real estate attorney (and maybe also a real estate broker) to help him sell the house.

2 Answers | Asked in Estate Planning for Tennessee on
Q: Father died with a will. Who gets his personal assets?

Father left house to one of his kids and lifetime residence to spouse via a will to avoid probate. Assets on the property were not addressed in the will. Lawyer said assets do not belong to the child who inherited the house and should be divided amongst spouse and other children. Is this correct?

Nina Whitehurst
Nina Whitehurst answered on Jun 15, 2021

Most wills do have a "residuary clause" to address assets not specifically mentioned, but if your father's will does not have such a provision, then those assets pass according to the laws of intestate succession, meaning the assets not specifically mentioned in the will most likely... Read more »

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2 Answers | Asked in Energy, Oil and Gas, Probate and Estate Planning for Oklahoma on
Q: What is the process for making the oil company to pay out the royalties owed to our branch of the family?

My great aunt died intestate with oil interests and royalties. She died a widow with no children. She had 3 sisters and one brother. Her estate was resolved and the oil interests and royalties were paid except to one branch of her heirs - her one sister who is my grandmother. My grandmother died... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 14, 2021

This is not a question that can be answered or resolved on a free online forum. You will need two Oklahoma attorneys who can help you with this - a probate attorney and an oil and gas attorney. If you would like some recommendations, write to me directly at nina@cumberlandlegacylaw.com and I can... Read more »

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