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Questions Answered by Nina Whitehurst
1 Answer | Asked in Probate for South Carolina on
Q: The lawyer for my dads estate is in the hospital ICU. Executor says the case can not be assumed by another lawyer?

My brother and sister are the executors for my fathers date.. They elected to pay a lawyer because they were asked questions about the finances. It’s been over a year and no final accounting and they continue to file extensions. Now the lawyer is ill in the ICU and brother says they can not-... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 31, 2020

I am not licensed in SC, but I am licensed in six other states, and that would not ring true in any of them. If you want to fire your existing, incapacitated attorney and hire a healthy, upright attorney, I believe you can, and you should, of course.

1 Answer | Asked in Estate Planning and Real Estate Law for Washington on
Q: I live in Washington State, my husband and I amicably divorced. Do we need to change the title on our house?

Our mortgage and deed documents say "husband and wife." We want to continue to both own the property, but we're concerned if one of us were to pass away, what that would mean for passing the property automatically to the other since we are no longer married. Our wills state that the other should... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 29, 2020

You need to update the title to the house so that it conforms to your divorce decree. Was it awarded to the two of you in equal shares? Then update the title so that you each own a 50% undivided interest as tenants in common. A real estate attorney can help you with this.

2 Answers | Asked in Real Estate Law and Probate for Tennessee on
Q: How do I sell land in Tennessee that is still in my deceased father's name 15 years after his will was probated in NY?

I am looking for advice on how to sell a piece of land that is still in my deceased father’s name. My father passed away in 2005. He was a resident of NY and his will was admitted to probate in the state of NY in 2005. Letters testamentary were issued with my sister and I named as executors of... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 28, 2020

You can obtain a triple certified copy of the will from the NY probate court and file it in Tennessee as a muniment of title.

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2 Answers | Asked in Probate for Arizona on
Q: If someone had given me power of attorney of his estates and money and then he passed how do I claim what he left?

My sister was seeing a man for a few yrs that was older than her. He had no family and wasn't married and wanted to leave everything to her. He had several homes and was very wealthy. About 2 yrs ago he drew up a power of attorney leaving everything to her and had it notarized with 2 witnesses. He... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 28, 2020

A power of attorney by itself does not transfer anything to anyone, and it expires at death. Unless there are additional or different facts the estate needs to be probated and will pass to the man’s intestate heirs.

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2 Answers | Asked in Probate for Florida on
Q: I have an inheritance that is in probate. Can I get an advance on the money?
Nina Whitehurst
Nina Whitehurst answered on Mar 27, 2020

There are lenders that will make advances against anticipated inheritances. Once is Advanced Loan Inheritance, LLC, which I believe is in Florida.

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1 Answer | Asked in Estate Planning, Child Custody and Entertainment / Sports for Michigan on
Q: We are looking to create a will or difference between survivor right vs. will..which is better

We have two children and need to appoint guardianship in the event of our death, as well as distribute our life insurance properly.

Nina Whitehurst
Nina Whitehurst answered on Mar 27, 2020

It sounds like you are a married couple and your plan of distribution at the first death is "survivor takes all". That being the case, utilizing death beneficiary designations or joint tenancy with survivorship title holding is effective to vest ownership in those assets in the survivor. However,... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Georgia on
Q: My Wife has life estate in a portion of the estate and wish to leave her life estate to me. What does she do

We have been paying the tax's for about three years as well.

Nina Whitehurst
Nina Whitehurst answered on Mar 25, 2020

The holder of a life estate cannot “leave” it to another person. When the life tenant dies the life estate ends.

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1 Answer | Asked in Estate Planning for Indiana on
Q: I am recently divorced with 2 daughters, with some debt and several assets. If something would happen to me, I wish for

My Dad to be the owner of my estate until my daughters are of age to take over. I do not want my ex-wife to be in charge of my estate since my daughters are only 7 and 10. How would I do this? I have a will, but it is when I was married

Nina Whitehurst
Nina Whitehurst answered on Mar 24, 2020

A revocable living trust would suit your purpose quite well. You would leave your estate to your dad in trust for your children. There are many, many other issues to consider but that is the essence of it. You might also think about using a professional trustee instead, however. I say that because... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: Can I stipulate in my will that the house, which is in my name, cannot be sold, but husband can continue to live there?

There is no mortgage. I want the monies from the sale of the house to go to our children, not husband.

Nina Whitehurst
Nina Whitehurst answered on Mar 22, 2020

There is a way to accomplish this but I would not recommend a will. A revocable living trust would be better. You can then reserve a lifetime right of occupancy for your husband with the remainder to your children. This is an oversimplification, however, as there are many issues to consider. An... Read more »

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1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: So my grandfather died and left money to all of his grandchildren; including me. I was a minor at the time.

So my grandfather died and left money to all of his grandchildren; including me. I was a minor at the time.

My mom quicky brushes it away after I talk to her. She says I will get it when I'm 25. (I'm 22 now.) On the court document it says *my brothers name* on behalf of me- waived and... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 22, 2020

Hire an attorney right away. I have seen this scam before. After a period of time the statute of limitations expires and you lose your right to claim the money that was stolen by a relative that was supposed to turn over the money to you. You are an adult now and have the right to see all of the... Read more »

1 Answer | Asked in Estate Planning and Social Security for Virginia on
Q: My ex husband passed away and our kids have been receiving SS benefits through high school graduation.

I teach in a public school and am currently 53 and dating someone. Are there still benefits to be paid out to me from ex’s SS if my kids already got money? If so, would I have to wait until age 67 to receive? If I’ve worked steadily from age 21 is it even worth it for me to think about that... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 19, 2020

The fact that your children drew benefits against your ex husband's earnings record will have no effect on your eventual ability to draw against his earnings record but you must have been married for at least 10 years, you can't draw until he starts drawing, and you can't draw until you reach your... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: I & my husband have put our home into a revocable living trust for our 2 adult children. We have so little income that

We could qualify for Medicaid if we claimed the property taxes that we pay, to be rent to our children. But since this is a REVOKABLE trust, can we do that legally?

Nina Whitehurst
Nina Whitehurst answered on Mar 19, 2020

No. For this purpose you and your revocable trust are considered one and the same, as if your trust did not exist, and you can't rent to yourself. There are better, more effective ways to achieve your goals but you must plan way ahead. See an elder law attorney.

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2 Answers | Asked in Estate Planning for Kentucky on
Q: I signed a contract on buying a house and the mortgage company want give the money do to failed inspection on foundation

And electrical is wired up wrong

Nina Whitehurst
Nina Whitehurst answered on Mar 18, 2020

Check your purchase contract to see if you have a financing contingency. If you were working with a real estate agent or any attorney, most likely it does. If it contains a financing contingency, meaning you don't have to purchase if you can't get a loan, then follow the procedure in the contract... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Nevada on
Q: What is the best form of deed to use to transfer real property to a trust?

My wife and I live in California and own two investment properties (single family homes) in Nevada. We recently set up a California Trust. We would like to transfer the Nevada properties to the trust. I have read from a variety of what appear to be reputable sources that use of a quitclaim deed... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 17, 2020

Another important consideration is whether or not you have title insurance on those properties. My best advice would be for you to take your existing deeds and your title insurance policies to a real estate attorney for review and to prepare the deed into your trust. Another really good option... Read more »

1 Answer | Asked in Estate Planning for Rhode Island on
Q: Our mom passed away and left the house to all of us when it's sold do we all have to be at the closing or just executor
Nina Whitehurst
Nina Whitehurst answered on Mar 15, 2020

If the executor has the authority to sell, only the executor needs to be there. A probate attorney can help determine that or you can direct your question to the title company that is going to insure the sale to the buyer.

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: My mother died with no will. My stepsister and my aunt forged my mother's death certificate and took all of her money

My stepsister forged my mothers death certificate by saying she is my deceased mothers child, but in fact she is not related to my mother at all. The funeral director knowingly lied also, as he had conducted my step sisters mothers funeral a few years before my mother died. I was out of state... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 15, 2020

All of the acts you describe are wrongful, and the law does supply remedies for such wrongful acts, but you are going to find it very difficult to pursue your remedies on your own. Start by scheduling an appointment with a probate litigation attorney in the vicinity of where you mother had lived.

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Tennessee on
Q: Foreclosure auction trying to buy from daughter of deceased 5 years, but not sure if can get clear title?

I'm trying to buy a home in foreclosure from daughter(executor)from Will of a deceased 5 years prior. The deed and mortgage is still in the mothers name. They have a Will that states the daughter is executor and is authorized to sell real estate of her estate without an Order of the Probate... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 15, 2020

You are right to be scared. Do not do this without the assistance of an attorney. In addition, do not do this without the assurance of title insurance. An attorney or a title insurance company can tell you what steps will be required in order for you to obtain clear title in your particular case.

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1 Answer | Asked in Estate Planning for California on
Q: My brother has a will, but did not tell me his lawyer's name. How will the lawyer find out that he is now deceased?

The lawyer is probably in Santa Clara county, but could be in a neighboring county. Thank you in advance! He had no copy of the will. His estate is only a older car and a small amount of money in the bank

Nina Whitehurst
Nina Whitehurst answered on Mar 14, 2020

Your brother should at least have had a copy of his will if not the original. Try looking for it in the usual places.

If that doesn’t work hire a probate attorney who does work either in Santa Clara County or statewide. Many of us have ways of networking with our colleagues to find out...
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2 Answers | Asked in Probate for Georgia on
Q: How to put a house in my name out of my deceased grandmothers name? Willed to my dad and uncle

My grandmother passed away leaving her house to my dad and his brother, they are giving me the house No conflict or liens on the house ,it is paid for. How do we change to name on the deed to put the house in my name? I have a copy of the will, the deed, the death certificate and the power of... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 14, 2020

First, you need to hire a probate attorney to probate your grandfather’s estate and get the property into your dad’s and uncle’s names. After that your dad and uncle can sign a deed transferring the property to you. You should hire a real estate attorney to help you do that correctly.

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1 Answer | Asked in Probate for Washington on
Q: Hi, I know two people (brother and sister) both in their 50s who live in a house that was owned by their father.

Their dad passed away a few months ago, and no surviving spouse. No will. Son was his caregiver (He was not on LTC Medicaid)

They are both very low income and cannot afford a lawyer. The home is worth $350,000. The lawyer that was appointed to I guess handle probate/intestacy law, she... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 14, 2020

I cannot comment on these particular circumstances, but here is some general information. If an individual dies without a will and no surviving spouse, then next in line to inherit would be the children in equal shares. Also, when the borrower under a reverse mortgage dies, the loan becomes due... Read more »

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