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Questions Answered by Nina Whitehurst
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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3 Answers | Asked in Estate Planning for California on
Q: Revocable trust, can beneficiaries continue making mortgage payments as is, or must they refinance?

Leaving home to a child who will turn 18 in 17 years.

Nina Whitehurst
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Nina Whitehurst
answered on Jun 8, 2022

Federal law prohibits enforcement of a due-on-sale clause when a borrower dies leaving a home to a child of the borrower. This law is called the Garn-St. Germain Act. Accordingly, most likely the lender cannot require the successor trustee or the child to refinance. But, of course, the lender can... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: can estate recovery take away house?

My parents did a quitclaim deed to my brother about 15 years ago to release ownership of the house, he has been paying taxes and everything since then. Later parents were in the medicaid and medical program. If they pass away, can the medicaid or medical (CA) program take back the house?... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 5, 2022

Medicaid can’t take back a gift made by a Medicaid recipient unless it was made to hinder, defraud or delay Medicaid at that time, which clearly wasn’t the case. Medicaid can impose penalties for gifts made in the past, but the look back period is way fewer than 15 years, and Medicaid in... Read more »

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1 Answer | Asked in Probate for California on
Q: My brother had owed my mom $10,000 before death can a petition be file to collect?
Nina Whitehurst
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Nina Whitehurst
answered on Jun 3, 2022

Yes. It is not clear who died in your recitation of facts. Either way, you or your mom needs to file a petition to be appointed as the personal representative of the estate.

If it is your mother who died, the personal representative will then have the authority to collect the debt....
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1 Answer | Asked in Estate Planning for Alabama on
Q: My son died, and was not married. His Ex girlfriend is trying to claim everything is hers. What is my rights?

They are one time shared the same address but she had recently moved out and in with her mother. Now she's claiming they were back together. And that everything is hers. What is my rights?

Nina Whitehurst
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Nina Whitehurst
answered on Jun 3, 2022

If you son did not have a will, then chances are you and his father (if living) are the sole heirs of his estate. If your son had a will, then the heirs are whomever he said they are. You should contact a probate attorney for help with this before all of the assets disappear and are unrecoverable.

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Can’t someone just write a resignation letter to resign as trustee of revocable trust? Maybe notarize?
Nina Whitehurst
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Nina Whitehurst
answered on May 30, 2022

Yes, and it doesn’t HAVE to be notarized but notarization helps prove it’s really you. Be sure to read the trust to identify all the people that need to receive the resignation letter.

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1 Answer | Asked in Estate Planning, Personal Injury, Real Estate Law and Landlord - Tenant for Texas on
Q: What can I do about mold in my apartment if the complex refuses to acknowledge it?

When we first told them we have mold, they said it wasn’t mold but sprayed mold killer. We told them again and they are still saying it’s not mold but my kids have seen multiple doctors who all say that they are being affected by mold. I’ve shown pictures to them and everyone says that it is... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on May 29, 2022

Ask your local health department to come out and investigate.

1 Answer | Asked in Estate Planning for Kansas on
Q: I have taken care of this man for 3 years & I rent one of his houses. He went & signed a notorized affadavit stating I

Was to get the house I was already renting. He didn't add anything to his trust & there was no will. Now his daughters are saying the affadavit is null & void & she's kicking myself & minor daughter out. What can I do. He wanted me to.have this house.

Nina Whitehurst
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Nina Whitehurst
answered on May 29, 2022

I am sorry to have to tell you that the daughters are probably right. A will in Kansas (as in most other states) requires two witnesses to valid, and it sounds like this will had no witnesses or at most maybe one, and even that is a stretch. This is a perfect illustration for why one should... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Do i need a lawyer to represent me in a conservatorship case ?

I've been taking care of a family friend for the past 2 years and recently he had his leg amputated. His sister came down from Chicago to visit with him. We both were his medical POA. Until his sister tried to put him in a nursing home far away from anyone. He then took her off as POA, now... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on May 27, 2022

You are not legally obligated to hire an attorney to represent you. You can legally represent yourself. However, you will probably obtain a better result and have more confidence with what you are doing if you hire an attorney to help you.

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