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2 Answers | Asked in Estate Planning for California on
Q: Who would be entitled to my aunts 50% designated in my grandmothers trust? My aunt died a year before my grandmother.

50% was left to me (granddaughter) and 50% to my aunt. My mother, my aunts sister wasn’t listed as secondary, nor my aunts husband. My aunt has no children. My aunts husband is the trustee and is saying he is taking my aunts half since he is her husband. There was no addendum made after my... Read more »

Sally Bergman
Sally Bergman
answered on Nov 23, 2022

While it is not typical for your aunt's share to pass to her husband when his wife predeceased your grandmother, it is impossible to provide an answer here without reading the trust. It would take an attorney only a few minutes to look at a couple of paragraphs in that trust to answer your... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What happen when an initial deed is showered in April 84 and records show it was assigned in May 1984 .

Both companies are no longer around to show what happen to that assignment . However in 1986 a mortgage is showed and discharged with another company that’s no longer around. Reached out to company that it merged with and they have no record of the property. Through research all patterns show... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Nov 22, 2022

Speak to a real estate attorney. There is a statutory provision to resolve this issue.

1 Answer | Asked in Estate Planning for Michigan on
Q: I own my house with my boyfriend. Could he leave his half in a will or trust?

We have a mortgage on the house. And it is in both of our names. Can my boyfriend leave his half in a will or trust?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 21, 2022

That depends on HOW you own in jointly. If it is as 'tenants in common' then you or your boyfriend can certainly leave a fractional half to anyone, but the VALUE of an "undivided half interest" in a house is pretty difficult to set.

If the house is owned 'with...
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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Tennessee on
Q: Can a will be contested if the deceased was not competent while signing the will? Example: dementia.
Nathaniel R Ogle
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Nathaniel R Ogle
answered on Nov 21, 2022

Yes, one can contest the probate of such a will under those circumstances in Tennessee. I would suggest you speak to qualified legal counsel to pursue this action.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New Jersey on
Q: Joint Tenancy between Parent & Child Parent dies Will has Child as Executor; Beneficiary 100%.Does will need Probate?

Parent and Child is on the Deed . Parent dies and left Will with Child as Executor and 100 Beneficiary. Is there any reason the Will would have to be probated ? Doesn’t the survivor assumes 100 percent of the property is Deeded to both?

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 25, 2022

There is no way to avoid probate and you will have to have a new deed recorded. Whether or not there is a mortgage may raise additional issues. You really need to have a virtual or in-person consultation with an experienced attorney. Good luck.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New Jersey on
Q: Joint Tenancy between Parent & Child Parent dies Will has Child as Executor; Beneficiary 100%.Does will need Probate?

Parent and Child is on the Deed . Parent dies and left Will with Child as Executor and 100 Beneficiary. Is there any reason the Will would have to be probated ? Doesn’t the survivor assumes 100 percent of the property is Deeded to both?

Morris Leo Greb
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Morris Leo Greb
answered on Nov 21, 2022

Yes!

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2 Answers | Asked in Estate Planning, Family Law and Probate for Colorado on
Q: My dad passed and his wife claims that he said that my brother, my kids and I get nothing. Without any documentation.

When my dad was in the hospital, she would not let us see him to say goodbye and claims that he told her that his children and grandchildren get nothing, I finally received the family photo albums with missing pictures. She had only been married for 10 years and she even took the military flag... Read more »

Anita O'Meara
Anita O'Meara
answered on Nov 21, 2022

I'm sorry to hear of your loss and the difficult position you are in regarding your father's estate. Your question did not mention your jurisdiction or if there was a Will. In most states a Will is given priority for how personal property (the flag, jewelry, furniture, photos, etc.) and... Read more »

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1 Answer | Asked in Estate Planning for Kentucky on
Q: Kentucky Last Will directs payout for life insurance, conflicts life insurance beneficiary listed.

A Kentucky attorney created a will that details life insurance payout and how the funds should be used (split into 4 and used for school tuition etc.) The life insurance company only has one beneficiary listed, who happens to be the executor of the estate. There is an open probate case currently,... Read more »

Timothy Denison
Timothy Denison
answered on Nov 21, 2022

Life insurance passes outside probate unless the estate is the beneficiary. If the executor is the beneficiary, the proceeds should pass outside probate.

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: My nephew died Intestate. His wife filed for informal probate & lied many times on the application. What can be done?

They never shared a marital home he lived with my mother the entire time. She chose to live with her ex-husband and their two youngest children. Unfortunately, my nephew died in the hospital not because of the treatment the doctors were giving him, but because of his lifestyle the treatments... Read more »

Trent Harris
Trent Harris
answered on Nov 21, 2022

Certain people have the right to participate in probate court proceedings for a decedent estate. These people are called "interested persons" as defined by Michigan law. For example, a deceased person's spouse is an interested person. If the deceased person had any surviving... Read more »

2 Answers | Asked in Estate Planning for Virginia on
Q: We have existing will and trust. Can we modify current successor trustee with an addendum we create and notarize?
James H. Wilson Jr.
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James H. Wilson Jr.
answered on Nov 21, 2022

A will may be modfied with a codicil. Most attorney advise against the use of a codicil for various reasons. As it requires the same formalities as a will, the testator is often better off by simply writing a new will.

A trust may be modified in accordance with its terms, or, in certain...
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1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for California on
Q: What asset protection is available for a single individual planning to buy real estate with a married individual ?

To what extent does it matter which state the property to be purchased is in, if the unmarried individual lives in community property state while the married person resides in an equitable distribution state? Thank you.

Julie King
Julie King
answered on Nov 19, 2022

Your question seeks an answer that’s much more comprehensive than a lawyer can provide in this forum. Are you seeking to protect your portion of the real estate only or do you want to protect all of your assets? If the latter, what other types of assets do you own? (Trademarks are protected... Read more »

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: Does POA give me the right to keep one of my dad's daughters away?

I have durable POA and medical POA. My dad's daughter recently started taking him to appointments and taking him out. Then I found out that she added herself to his bank and was controlling his money.. Do I have the power to keep her away from him? If I don't, what can I do to keep her... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 19, 2022

It depends on what the POA states, Find out id your dad knows she put her name on his account, You may want to open a new bank account for him,

1 Answer | Asked in Estate Planning, International Law and Probate for Nevada on
Q: I live in nevada but my father died 5 days ago in Cairo egypt. How do I get my Inheritance and life insurance policy's

I am an only child and my father wasn't married. My father was Muslim- I am not. I am female. My father told me about the bank accounts and investments and insurance policies he was leaving me. How do I get them when I'm in Nevada?

Kirk Kaplan
Kirk Kaplan
answered on Nov 19, 2022

An attorney familiar with Egyptian law will very likely provide a much better answer than I will. But just in case one does not leave an answer, maybe my answer will be a good start. In the US, the laws governing how property passes to heirs/descendants, depends upon residence of the deceased at... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Aunt died intestate in the state of Maryland.

No spouse, no children, no parents, no grandparents. One living sibling, and three deceased siblings. Does the living sibling receive everything, or do the children of the deceased siblings (nieces and nephews) receive a share?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 18, 2022

If there is no Will and no surviving spouse, parents or children / grandchildren, the nieces and nephews of the Deceased (children of the deceased sibling) receive under "representation". For example, if there were 4 siblings who either survived or who died with their own issue, then the... Read more »

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1 Answer | Asked in Probate and Estate Planning for Florida on
Q: Mother passed away in Florida - the only asset to be managed is a single check for $7969.64 made out to her estate.

The check is a distribution from my late aunt's trust. We are unable to deposit it because we have no estate account for my mother. There was no probate process initiated for her because my parents' assets were combined/shared 100% -probate was done via my father's summary... Read more »

Jose Ignacio Leon
Jose Ignacio Leon PRO label
answered on Nov 18, 2022

Generally speaking, you're right in thinking your first and best step is to talk to the trustee of the trust.

Depending on the language of the Trust there might be a fair amount of flexibility in how they can issue the distribution checks.

Additionally, in most trusts there is...
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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 California on
Q: What is the cheapest way to transfer a deed from one family member to another in California?

I was married to a man and we bought a property. After some years we divorced and I relocated but never changed the title of the property. He has now passed away. I would like to transfer the property to his daughter. She doesn't have money so I need to know the least expensive way I can do... Read more »

Julie King
Julie King
answered on Nov 17, 2022

Since title is still in the name of your former spouse and you, there are some issues that need to be resolved before you can transfer the property. First, you will need a copy of the divorce final order that should say who owns the property after the divorce. If we assume that the judge gave you... Read more »

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 Estate Planning, Family Law and Probate for Illinois on
Q: Who has the legal authority to make decisions in regard to disposition of remains?

There is a guardian (co-guardians in this case), a will, and a trust. The ward dies, the will has no written instructions for disposition of remains. Who is the 1st person legally responsible for making decisions about the disposition?

The guardian, the guardian who also is executive... Read more »

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2022

Powers of attorney and guardianships end at death. The only person with any legal authority is the executor of the will, who will have letters of office. That person has to see to it that bills are paid, including the funeral, cremation, etc.

1 Answer | Asked in Estate Planning and Probate for California on
Q: A Trustee intentionally disposes of specific items bequested by Will via Trust instructions to a beneficiary. What now?

My aunt is the Trustee, and I am one of 17 beneficiaries. She fraudulently brought a Complaint (UD) against me , engaged in Self-Help methods, and the Answer I filed was vacated weeks later, and a Default Judgement was entered. Then my Motion to Set Aside [473(d)], was dismissed for allegedly... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 16, 2022

Speak with a local attorney handling trust litigation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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