Lawyers, Answer Questions  & Get Points Log In
Estate Planning Questions & Answers
1 Answer | Asked in Divorce and Estate Planning for California on
Q: Mom has dementia. Husband refuses to pay for care. How can she have access to community property to pay for her care?

Due to Covid and mom's progressing condition, she is no longer living with dad in their shared home. Dad controls rents from RE rentals, and has made more money than mom. He will not pay for any care. My sisters and I are struggling to pay for mom's care. I have power of attorney to... Read more »

Julie King
Julie King answered on Jul 22, 2021

I'm sorry to hear about your situation. I am not a family law attorney, but I can tell you this: Your mother owns half of the community property in the marriage and all of her separate property.

Community property is property that was earned during marriage (assuming there is no...
Read more »

1 Answer | Asked in Estate Planning and Banking for California on
Q: How do I become beneficiary over my deceased dad's estate cause my mother was the bene but she died unexpectedly no wil

I've taken over his asbestos trust since my mother passed but the attorney didn't have the affidavit notarized stating that I have been made beneficiary over the trust. Now a bank has closed my acct since March 2021and refuse to release the funds back to the other bank who sent my... Read more »

Julie King
Julie King answered on Jul 22, 2021

You may be using the wrong legal terms and, if so, it's OK, but it just makes it harder for a lawyer to know what you're asking. A "beneficiary" is a person who benefits by receiving assets from someone else's trust. In other words, a beneficiary inherits assets as a... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: Real estate was recently sold ( NY )and the beneficiaries were advised that the administrator / executor never obtained

an EIN/TIN number and claimed taxes under their personal SS Number for 26 years. What are the ramifications?

Michael David Siegel
Michael David Siegel answered on Jul 22, 2021

You would need to review with a lawyer/accountant. The answer is in the details.

2 Answers | Asked in Estate Planning and Tax Law for Michigan on
Q: am I able to change the beneficiary on a pre-tax IRA after the account holder has passed. My father lived in NC.

my siblings and I are beneficiary of one of my dad's IRAs, we want to make his surviving wife the sole beneficiary. can we do that and have the IRA still be pre-tax.

Nina Whitehurst
Nina Whitehurst answered on Jul 22, 2021

It is possible that if all of the decedent's children disclaim that the account would then go to his surviving spouse. But that depends on other factors, including exactly how the beneficiary designation was worded and whether there were contingent beneficiaries after the children. You... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant and Estate Planning for Ohio on
Q: My mother wants to kick out my brother who helps take care of her.. she has dementia and alzheimers what can he do

She (my mother) tells everyone that it's his house ...he gives her money when he can hes an artist (tattoo):and covid has put a huge issue as business goes but he does wait on her hand and foot ....can she kick him out with no notice no nothing no eviction papers

Joseph Jaap
Joseph Jaap answered on Jul 21, 2021

If the proper eviction process is not followed, then he could sue her for unlawful eviction. It sounds like she needs help. If she is not mentally competent, and she has not executed a power of attorney, then someone might need to apply to become her guardian. Use the Find a Lawyer tab to... Read more »

2 Answers | Asked in Estate Planning for Texas on
Q: I have received a consent to independent administration. Should I sign?

How long does the independent administrator have to distribute proceeds to heirs?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 20, 2021

You should ascertain with your own attorney what Texas' Independent Administration statute allows. In my state of Louisiana, it is generally limited to selling estate property without the consent of the judge. It does not affect the proceeds of the sale, which would be distributable to the... Read more »

View More Answers

3 Answers | Asked in Estate Planning and Patents (Intellectual Property) for North Carolina on
Q: My Father passed,how do I find out if there’s anything in he’s estate for my sister and I. Thank you
Kevin E. Flynn
Kevin E. Flynn answered on Jul 20, 2021

This question was presented to attorneys that work on patents (inventions). There is not a legal category for pa r ents.

You may want post this as a probate question as it may be possible that your father did not do estate planning and the default rules will be applied.

This is...
Read more »

View More Answers

3 Answers | Asked in Estate Planning and Probate for California on
Q: My mother died. She left no will. I am only child. My daughter got her to sign POA. Now has taken all??

'Nana' recently died quite suddenly, and unexpectedly. I am her only child, and I have two children. From the time that we discovered she had brain tumors, to when she died, was only one week. She was very confused and disorientated. During this week, my daughter got her to sign a P.O.A.,... Read more »

Sally Bergman
Sally Bergman answered on Jul 20, 2021

My condolences for the loss of your mother. You most likely do have recourse, but you should seek the assistance of a trust and estates litigator as soon as possible. Even if the quitclaim was valid, which likely it was not, that deed would have applied only to the home and not the contents or... Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: How would I get my nephew out of my house? He has been living with my parents who recently died the house is in my name.

Living there on and off for a year and has mail come there.

Homer P Jordan IV
Homer P Jordan IV answered on Jul 20, 2021

If it’s legally your house then you can have him evicted. You will need to go the legal route to do so.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Dad dies, will deeds property to mom. Stipulates after her death, to be split amongst kids. Mom wants to sell. Can she?

Father passed 16 years ago. His will stated the home is to be left to mother, then following her death, the property is to be split between 4 adult children - 3 father's biological, 1 mother's biological. The deed is in mother's name and she has maintained the property solely.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 20, 2021

It is not possible to answer your question without actually seeing your father's will and also reviewing the probate case, if there was one. It would also be necessary to review a limited chain of title to see how title ended up in your mother's name. You should take all of this... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: Is a Will invalid if a legal name of a child is incorrect
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 19, 2021

Generally, no. Is it a mere missepelling? Or is the entire name incorrect?

If a mere misspelling, a scrivner's error, that will not invalidate it. If it is an entirely different name, possibly someone who is not even know by the testator (resulting perhaps from the attorney using...
Read more »

1 Answer | Asked in Estate Planning on
Q: My Mom’s house is under a life estate. Can we sell her home to pay for assisted living when her cash runs out?

She will exhaust her cash early next year (2022). Most likely she will need nursing home care and will need Medicaid at some point, but we would like to keep her in assisted living as long as her health hasn’t declined to the point of needing full time nursing care.

Nina Whitehurst
Nina Whitehurst answered on Jul 19, 2021

It sounds like all your mom owns is a life estate. Most life estates are alienable (which means they can be sold), but in reality there is not much of a market for life estate. You probably will not find a buyer. In order to sell both the life estate and the remainder interest, you would need... Read more »

2 Answers | Asked in Bankruptcy, Contracts, Copyright and Estate Planning for North Carolina on
Q: How do I obtain info about my sole proprietorship
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 19, 2021

This is a hard question to understand. Do you currently have a sole proprietorship? Or will it be a new one? Nothing is required to establish a sole proprietorship. Your income is reported on Form 1040, Schedule C or C-EZ. You should be running all income through a separate bank account to... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Florida on
Q: Can I change my Irrevocable trust documents?

At the time of my signing I was under the pressure of a third party law firm. They were suing me for the full value of my S Corporation - a professional medical and surgical facility licensed in the state of Florida. FL 2488. I did not understand the document at that time, as their answers to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 19, 2021

No, you cannot go back upstream and re-write the irrevocable trust that you have already signed.

And unless you start funding the trust as agreed the other side will probably sue you to enforce the trust contract.

However, since you object to the funding part it is possible for...
Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: If yes, then the answer is: after the sale, the proceeds are put into an estate account. Then, any estate expenses are

Deducted..How long does the administrator have to send to heirs?

Isaac Shutt
Isaac Shutt answered on Jul 18, 2021

You can "demand an accounting" per the Code after the expiration of 15 months from the time the executor was appointed as executor. That's really the first chance you have to flex any muscle. Before that, you can always get a probate attorney to write a letter on your behalf--that... Read more »

2 Answers | Asked in Estate Planning and Health Care Law for Arkansas on
Q: If a power of attorney is only good for financials in my state what do I need for healthcare decisions?

I’m an only child and my mother is widowed/not remarried. She is a type 2 diabetic with chronic related health issues due to noncompliance with her meds and eating habits.

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 18, 2021

A "Health-Care Power of Attorney" is what you need and it is specifically authorized in statute by most states. It should be HIPAA compliant, and cover any and all medical prodedures and contingencies.

A "Health Care Directive" or "Living Will" is a narrower...
Read more »

View More Answers

1 Answer | Asked in Estate Planning for Texas on
Q: How are assets (real estate) distributed to heirs when properties are sold under an independent administrative situation
Isaac Shutt
Isaac Shutt answered on Jul 18, 2021

If the properties are sold to a third-party, then there would not be real estate to distribute. Are you asking how the money from the sale of the real estate gets transferred to the heirs?

If yes, then the answer is: after the sale, the proceeds are put into an estate account. Then, any...
Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Social Security, Estate Planning and Probate for Texas on
Q: Is it fraud to apply for benefits from a commen law marriage if they were not even commen law married and the man died.

I have a friend who was a caregiver for an elderly couple and she was also dating their grandson and they lived with the couple. The lady died and the man knowing his time was soon as well decided to leave everything to my friend. He had papers drawn up stating that he and my friend were comnen law... Read more »

Stanley Franklin Denman
Stanley Franklin Denman answered on Jul 17, 2021

The account here is a little hard to follow. It is highly unlikely the social security administration would recognize this arrangement as a common law marriage entitling your friend to social security benefits. A common law marriage under Texas law is not created just because someone declares it... Read more »

1 Answer | Asked in Estate Planning, Tax Law and Social Security for California on
Q: I would like to shelter my lump-sum SSDI payment from further taxation. I am currently in an "uncollectible" status.

A lawyer friend suggested an irrevocable trust. Does that make sense?

Thank you,

Nina Whitehurst
Nina Whitehurst answered on Jul 17, 2021

It is not clear what “further taxation” concerns you. Is it income tax? Estate tax? Real property taxes? Something else? It could be that you yourself do not understand the taxation of SSDI benefits. You should consult with a tax advisor about that. Most likely you will not need any kind of... Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: I need the Louisiana statute that describes a revocable trust avoids probate court. Or where can I look this up ?
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 17, 2021

The Louisiana Trust Code begins at La. R.S. 9:1791. You can page through the sections at the website of the Louisiana legislature. Hit the forward arrow button. http://legis.la.gov/legis/Law.aspx?d=106739

Alternatively, you can use this website...
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.