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Questions Answered by Nina Whitehurst
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Does house and car need to go through probate in TN? Will leaves one child house and other car/guns.

Oldest child is executor of will. Both children are residents of KY. Deceased is resident of TN at time of death. Will leaves oldest house (to be sold) youngest being me car jewlry and guns. Guns and jewelry were given to me yrs ago. I buried jewelry ( necklace) with deceased. Is probate necessary... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 15, 2021

Your question cannot be answered without reviewing the will and understanding exactly what assets are in the estate and how much the decedent owed to creditors. As a general rule, real estate is not a probate asset in Tennessee, but that can be changed by will and also it can be drawn into a... Read more »

2 Answers | Asked in Estate Planning for Wisconsin on
Q: My dad is going into hospice and passing soon. The house is in his name but has a loan out on the house.

He has no will. If he passes does the house transfer to me and I take over payments or does the bank get it. I’ve been living there for years

Nina Whitehurst
Nina Whitehurst answered on Oct 12, 2021

There is information from your statement of facts that make your question impossible to answer. When your dad dies, will he have a surviving spouse? Did your dad have any other children beside you?

Just FYI, the fact that you have been living in the house for years is of no consequence....
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1 Answer | Asked in Estate Planning for Nebraska on
Q: Can a person with power of attorney change a will, or make it so beneficiaries do not get property they are to recieve?
Nina Whitehurst
Nina Whitehurst answered on Oct 12, 2021

No, a will cannot be made or amended by an agent under a power of attorney. When it comes to making a will, that authority is not delegable. It is sometimes possible for a conservator to make or amend a will for a ward, but that is rare and it requires court approval.

1 Answer | Asked in Estate Planning for Texas on
Q: Can you set up a trust funded from multiple people in different states, for a person in a different state?

I have a friend who recently passed away. A group of my friends including myself, 5 in total, would like to create and contribute to a fund for our deceased friend daughter. Is it possible to do so considering the contributors are in 3 different states (CA, TX, and GA) with the recipient being in... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 10, 2021

This can be done. Usually the trust is created and seeded by one person and then it can receive contributions from other people. A really important decision you all need to make is who is going to be the trustee in charge of investing the funds and who is going to be the trustee in charge of... Read more »

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for North Carolina on
Q: My husband has a life estate in the house we are living in. We recently married. If he dies what rights do I have?

Would having a lease agreement between us make it possible for me to remain here for the period of time of the agreement? My concern is being asked to move immediately.

Nina Whitehurst
Nina Whitehurst answered on Oct 10, 2021

Your rights are derivative of your husband’s rights When his rights end, your rights end. His rights and when he dies.

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3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: I was the beneficiary to my sisters life insurance. My siblings want it included in the estate. It happened in nj

Family believes the life insurance should be part of the estate even thought it was left in my name snd not theirs.

Nina Whitehurst
Nina Whitehurst answered on Oct 7, 2021

As a general rule, life insurance proceeds payable to a named beneficiary are NOT included in the decedent's probate estate. The law presumes that the decedent meant what she said when she named you as the sole life insurance beneficiary. It is a very tough presumption to overcome. Your... Read more »

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: what happens to a person's bank account if they die without a will or known relatives?
Nina Whitehurst
Nina Whitehurst answered on Oct 6, 2021

If nobody claims the account within a certain period of time (which varies by state and financial institution but is usually around 3 years), then the bank will remit the funds to the state treasurer as unclaimed property.

3 Answers | Asked in Estate Planning for California on
Q: Do I own my dad's share of his home after he passed with a transfer on death deed or does it go to his widow?

I have a transfer on death dead for my dad and a separate one for my stepmom. They are joint owners of a home and I am the sole beneficiary for both. My dad passed away. Do I now own his 50% share of the home or is his share now owned by his widow?

Nina Whitehurst
Nina Whitehurst answered on Oct 6, 2021

It is not possible to answer your question without seeing exactly how title was held by your dad and stepmom. If they truly held title jointly with right of survivorship, then your stepmom now owns the home. If the TOD to you remains in place until she dies, then you will own it when she dies.

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3 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What concerns should I have when adding a senior parent to the deed of a home?

in the process of purchasing a new home. Mom is putting the down payment down, gifting to me. Condition is, she wants to be on the deed of the home so as to say, when she passes, her portion of the home will be willed to me and I will have majority ownership of the home. What issues might I run... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 4, 2021

You and your mother need to arrive at complete clarity about what you are doing. A lot of problems arise when inconsistent positions are taken. For example, your mother acquiring an interest in the home is inconsistent with saying she is "gifting" the money. It is one or the other... Read more »

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2 Answers | Asked in Estate Planning for Virginia on
Q: My sister (66) receives disability SSI and medicaid. She lives with my mother (88). When my mother passes is my sister

allowed to have home placed in her name without losing her benefits? They reside in Va. There is currently a reverse mortgage on the home,but my mother has a large life insurance policy to pay they lean off. My sister has lived with my mother her entire life and has no other assets. I live in Ky... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 3, 2021

Ownership of a home is not disqualifying, so that is not much of a concern. But if your sister is going to inherit anything else besides the home such as cash or life insurance proceeds or a car, etc., your mother would be doing your sister a huge favor by contacting an estate planning attorney to... Read more »

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4 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Grantor conveys property into trust a. Later conveys into trust b without revoking a.

Is the property in a or b. If still in trust a, does subsequent deed conveying trust into trust b affect title chain..can it be left recorded as is or is there some type of procedure needs to be done

Nina Whitehurst
Nina Whitehurst answered on Oct 3, 2021

Based upon the facts you supplied, the property is still in trust a. The conveyance to trust b would be considered a "wildcat" deed. It would not change the current vesting, but it does create what is called a "cloud" on title. If you try to sell the property, a title... Read more »

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1 Answer | Asked in Estate Planning for Tennessee on
Q: What is the process I need to go theouyto change my daughter as trustee t either myself (POA) or my husband (2nd Poa) ?

My daughter and Fiancè have informed us they don’t want the responsibility.

Nina Whitehurst
Nina Whitehurst answered on Oct 3, 2021

An estate planning attorney would need to review your trust in order to answer your question. The answer will initially depend on whether your trust is revocable or irrevocable. If revocable, you can most likely do this by amendment or appointment. If irrevocable, you have to follow the rules in... Read more »

1 Answer | Asked in Estate Planning for West Virginia on
Q: In the will of my dad it states “To my son (me) I leave my land, subject to the right of my wife to reside there as long

as she wishes which however is currently financed and my son (me) is responsible for the payement” Right to occupy or Life Estate? Also, What are my rights as the land owner? The widow and I have been fighting for well over a year now as to what the will is or isn’t. Any help would be appreciated.

Nina Whitehurst
Nina Whitehurst answered on Oct 2, 2021

It sounds like you might be dealing with a poorly drafted right of occupancy. You should take this to an estate planning attorney or trust administration attorney for review and assistance. If the right of occupancy was set out in the will, your attorney can help you petition the court handing... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: If a trust excludes someone from being a trustee can they inherit the trust?
Nina Whitehurst
Nina Whitehurst answered on Oct 2, 2021

You can design your trust so that a beneficiary of your estate is excluded from being a trustee, yes.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: In a descendant's trust can it be left to a descendant's spouse?
Nina Whitehurst
Nina Whitehurst answered on Oct 2, 2021

You can do that intentionally when designing your estate plan, yes.

2 Answers | Asked in Probate for California on
Q: I live in California and my husband passed away. I am the beneficiary of everything.Do I need to file for probation?
Nina Whitehurst
Nina Whitehurst answered on Oct 2, 2021

The main purpose of prorate is to retitle assets in the name of a decedent. You not need to open a probate to transfer assets to you if all assets have already transferred to you via beneficiary designations or other non-probate transfer methods such as ownership with right of survivorship.

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2 Answers | Asked in Estate Planning for Tennessee on
Q: Is probate necessary with will and personal representative assigned?

My step dad’s will allowed my mom to live in home until her death. Then house must be sold & proceeds divided among heirs. She passed. Is probate necessary?

Nina Whitehurst
Nina Whitehurst answered on Sep 28, 2021

Some kind of legal process will be necessary in order to vest record title in the remainder heirs/beneficiaries. Without knowing more about what ELSE was in your father's estate, it is hard to say which process would be recommended. If the house was the only thing, this can be handled... Read more »

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2 Answers | Asked in Estate Planning for New York on
Q: I am on medicaid in NY. My son and I are on deed. Is it to late to take my name off deed to avoid an estate recovery
Nina Whitehurst
Nina Whitehurst answered on Sep 28, 2021

At this time, a transfer of any property to almost anybody else without receiving fair value in exchange would be considered an uncompensated transfer, i.e. a "gift", and would cause you to incur a penalty period for a number of days equal to the value of the gift divided by the then... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Wisconsin on
Q: Our family cabin has 6 owners listed as tenants in common. One of the owners changed the locks and will not give keys.

What legal right do they have to do this and what are the other owners rights for seeking entry into their own property?

Nina Whitehurst
Nina Whitehurst answered on Sep 22, 2021

A co-owner does not have the right to exclude another co-owner. You can take the owner that locked you out to court for a variety of remedies but probably the best remedy in the long run would be for you to obtain a court order to force the sale of the property and then split the proceeds. If you... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: I recently moved to TN from GA, do I have to update Will, POA, Health Care Directive, Living Will?
Nina Whitehurst
Nina Whitehurst answered on Sep 22, 2021

There no law that requires you to update any of your estate planning documents when you move from one state to another, but it is always a good idea to at least have them reviewed by an estate planning attorney in the state to which you have moved.

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