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Questions Answered by Nina Whitehurst
2 Answers | Asked in Estate Planning for Tennessee on
Q: If there were two irrevocable wills issued does the first irrevocable will and beneficiary prevail? Tennessee.
Nina Whitehurst
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Nina Whitehurst
answered on Feb 3, 2023

It is very rare (but not impossible) for a will to be irrevocable. For that reason alone you should have both wills reviewed by a probate attorney for definitive advice.

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2 Answers | Asked in Estate Planning and Health Care Law for California on
Q: Can someone be the healthcare advance directive and handle the estate of a patient?

Can someone be the advanced healthcare directive and also be the appointed person to handle the patients estate/will?

The patience is being given seizure medicine daily. He cannot recall things that happened the same day and get names.locations and dates confused.

Is this legally allowed?

Nina Whitehurst
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Nina Whitehurst
answered on Feb 2, 2023

A natural person cannot be an advance healthcare directive because that is a legal document and people are not legal documents, but a natural person could serve as the person appointed as health care agent under an advance healthcare directive or medical power of attorney. The same person serving... Read more »

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2 Answers | Asked in Estate Planning for Virginia on
Q: My ex-husband left the majority of his money to our son in a trust. He also left $80,000 to two charities but did not

have the funds to cover same. Must the money for these charitable bequests be taken from my son's trust?

Nina Whitehurst
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Nina Whitehurst
answered on Jan 31, 2023

Your question does not provide enough information for anyone to provide an answer. For example, we do not know if your husband is still alive or deceased. Either way, however, we also cannot see the precise language by which those bequests were made. The precise wording matters. For example, if... Read more »

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1 Answer | Asked in Estate Planning for Tennessee on
Q: State of TN - Can a Will establish a life estate after a life estate was established on a deed years prior?

My father had an attorney create a deed listing my father and mother as life tenants and myself as remainder owner. My father passed and my mom had a Will created naming a grand daughter as a life tenant for one of the properties and myself as remainder owner.

(Her attempt was to give a... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jan 28, 2023

If the life estate deed was properly executed and recorded, and your father has already passed, then, when your mother has passed you, as the remainderman, will be the sole owner. Her will can have no impact on that property, because her life estate ends at her death. In other words, the property... Read more »

2 Answers | Asked in Probate for California on
Q: I lived with my boyfriend for 7 years. He died in a work accident. He had no will or beneficiary listed on any assets or

Insurance policies. He always said I would be taken care of if he died. No where am I listed as a beneficiary to his investment accounts, house, bank accounts, etc. He leaves behind 2 sisters he had no contact with for over 20 years. Do I have any standing to sue his estate? Numerous friends and... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jan 26, 2023

I am so sorry for your loss and even more sorry to be the bearer of bad news, which is that no amount of testimony will fix a failed or missing estate plan. If your boyfriend died with no surviving spouse or parents or children and no written estate plan and no designated death beneficiaries, then... Read more »

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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: I have a friend who changed their bank account and listed me as next of kin now upon rigorous paperwork he has now takin

Taken me off that list now I did not sign any paperwork I did not know about this till until today and this was done last week do I have any legal right because he did this without my knowledge or my signature or anything I just want advice on this thank you very much. Just wanted to add in... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jan 24, 2023

Your friend has every right to change his identification of "next of kin" with the bank any time he wants and your signature is not required.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Mom passed away 2019.I bought & occupied home from her & took over mtg pmts 2006.Never transferred ownership.What to do?

My home burnt down in 2021, at which time the executor entered her will in probate.The fire ins policy was made out to mom & estate.My brother, executor of estate, acknowledges the proceeds go to me, but he says he has to pay moms back taxes out of fire ins proceeds before I get my money.Can... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jan 18, 2023

Hire a probate attorney to probate your mom's estate and explain this to him or her and provide your evidence. You would essentially be making a claim against the estate to honor the contractual agreement.

1 Answer | Asked in Estate Planning for South Carolina on
Q: I am the remainderman on a life estate deed with my mom and brother as life estate clients. Can I sale my ownership

My life tenants have put up a sale sign as of yesterday after tress have fallen on house and septic tank and other issues. The value is not up to par, I doubt they had insurance since they asking to sale , and no one mentioned anything to me

Nina Whitehurst
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Nina Whitehurst
answered on Jan 17, 2023

In theory, yes, you can sell your remainder interest, but as a practical matter you might find it difficult to find a buyer who is willing to wait until both life tenants pass before he can take possession of the property.

The life tenants could also sell their life estates but, again, as a...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: What do I do about my husband's death without a will in TN?

What is probate and is it required in TN?

Nina Whitehurst
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Nina Whitehurst
answered on Jan 16, 2023

If everything your husband owned was owned jointly with you, then most likely it was owned as tenants by the entirety and you are now the sole owner by operation of law. Most of the time all you have to do to remove your husband's name from those titles is provide a death certificate to the... Read more »

2 Answers | Asked in Estate Planning for California on
Q: Parents have a revokable trust which states if a child of theirs dies that share goes to remaining living children.

Her son insists that he should get her share. Dad is still living and won't change trust. Can my nephew dispute the trust after my dad passes.?

Nina Whitehurst
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Nina Whitehurst
answered on Jan 8, 2023

The plan of distribution you have described is perfectly legitimate and rather common. The nephew would not be able to challenge is just because he does not like it. To challenge it he would have to prove that the parents (makers of the trust) were not of their right mind when they signed the... Read more »

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1 Answer | Asked in Estate Planning for Tennessee on
Q: Uncle is leaving me his house. Deed has his name and his sister's name who has passed. What do I need to do?

Aunt and Uncle each owned 50% of house. She passed so it it his 100%. The deed still has his and her name on it. His will states he is leaving it to me. Is there anything that needs to be done so I don't run into any trouble if I want to sell it? How will house get transfer to me as the new... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jan 8, 2023

You stated that your aunt passed and so now your uncle owns 100% of the house, but that may not necessarily be true. It depends on how they held title. If they held title as joint tenants with right of survivorship that is true, but your uncle should record an affidavit of death with a death... Read more »

3 Answers | Asked in Estate Planning and Probate for Texas on
Q: No assets left to estate should a will even be probated?

My father in law passed away 2 years ago. The executor of his estate never filed the will into probate. The only assets left by him were a car and house. Car was repossessed and the house sold in foreclosure auction and there are excess funds. Is there any reason at this point to bother with... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jan 3, 2023

The main purpose of probate is to transfer assets that are still in the name of a deceased person. If there are no such assets, not much purpose would be served by opening a probate.

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: My best friend just died and didn't leave a will. He was estranged from daughter who he didn't want to have his things.

His daughter has already taking things from his house and said because they didn't talk for 5 years or more she said she is taking all his things to sell or bring to Florida. This includes his motorcycle he was leaving for his grandson. How do I stop this from happening

Nina Whitehurst
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Nina Whitehurst
answered on Jan 3, 2023

That is a real bummer, but when someone dies without a will, then state law determines who inherits. If your friend died unmarried but with one or more living children, typically the children inherit. Even though the daughter might not be strictly following the proper legal process, chances are... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Tennessee on
Q: In Tennessee, what does it mean for the survivor if the deed shows "tenants in common with the right of survivorship"?

This is for an unmarried couple who own a home together. Will the heirs of the deceased have any rights to the home?

Nina Whitehurst
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Nina Whitehurst
answered on Jan 1, 2023

It means that if one of the tenants in common passes, the surviving tenant in common will become the sole owner of the home by operation of the survivorship interest without having to go through probate or any other kind of legal process. The heirs of the deceased would have no claim to the home.... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Law on estate in probate and sibling has taken quite a bit from home like family pictures and furniture which has sold?

She has taken all family pictures, mowers, dads truck . What is law now that I’m executor to retrieve photos so I can give to other sisters and the items taken day after my mom passed?

Nina Whitehurst
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Nina Whitehurst
answered on Dec 30, 2022

As the court-appointed executor, you have right to demand and receive all items stolen from the estate. You might need to hire an attorney to help you with this if the thief does not voluntarily return them.

1 Answer | Asked in Probate for California on
Q: I have a home insurance check made to my late father.my bank and agent say out of their hands how do I transfer property

Home insurance check made to my late father. He passed while in process of claim. I already paid deposit for fix of home and waiting for this check. Went and had small affidavits filled out but bank is indicating it’s insurance problem and when sent to insurance they say check is issued it’s... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Dec 28, 2022

If you have presented a proper small estate affidavit to the insurance company and you have returned the check to them with the small estate affidavit, the insurance company is obligated to replace the check with a new one made payable to the person who is entitled to the funds according to the... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My cousin has passed in Tennessee, with no will. 1 uncle and 7 1st cousins are all that remain of the family who inherit

My cousin on my fathers side of the family passed away with no spouse, or children. His parents and grandparents are also deceased. There are no brothers, sisters, nieces, or nephews to this person. According to his family tree he had 1 aunt and 3 uncles on his fathers side with only one surviving.... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Dec 28, 2022

There is not enough information in your recitation of facts to answer your question.

2 Answers | Asked in Estate Planning for California on
Q: If a piece of property is left to a person in a trust but before the person with the trust dies the property has to be s

Sold, then he dies, is the remaining money to be divided as monies or given to the person the property was intended for

Nina Whitehurst
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Nina Whitehurst
answered on Dec 22, 2022

Your question cannot be answered without reviewing the trust instrument. A well written trust instrument covers this possibility.

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2 Answers | Asked in Estate Planning and Probate for California on
Q: my grandmother passed 5 yrs ago and my aunt did a trust transfer deed. Iam a grandchild do i have any rights on property

My father passed away 12yrs ago, my grandmother passed away 5 yrs ago my father would of inherited her property, I just found out my aunt did a trust transfer deed on property in her name only. Do I have any rights to inherit the property? no will as far as I know of .

Nina Whitehurst
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Nina Whitehurst
answered on Dec 18, 2022

It is impossible to answer your question without reviewing a chain of title and also the trust instrument. After reviewing those items additional documentation may be needed, such as death certificates. Look for a probate and trust administration attorney in your area and schedule a consultation.... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Do you need two witnesses if you have your will notarized?
Nina Whitehurst
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Nina Whitehurst
answered on Dec 18, 2022

Yes you need two witnesses, even if your will is notarized (two witnesses are mandatory, notary is optional but recommended), unless your will is entirely in your own handwriting.

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