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Questions Answered by Nina Whitehurst
1 Answer | Asked in Estate Planning for Ohio on
Q: What legal documents will be required in order for him to name me the beneficiary of the inheritance?

My boyfriend of 15 years is dying. He wants me to receive the inheritance he's supposed to get once his grandpa passes, who is not dying anytime soon. His kids are all under age and he knows I will make sure they are taken care of.

Nina Whitehurst
Nina Whitehurst answered on Jan 16, 2020

It is highly likely that if your boyfriend predeceases his grandfather, the inheritance from his grandfather will pass to his (your boyfriend's) children. With no guardian already in place for them, a court will appoint a guardian to receive the funds. So what you want is to be appointed as their... Read more »

1 Answer | Asked in Real Estate Law and Probate for Wyoming on
Q: My dad remarried after my mom died..My mom had a will but the executor died not long after my mom and hadn't filed it.

New wife sold house without informing us. Put everything in storage and claims house sold way low..help

Nina Whitehurst
Nina Whitehurst answered on Jan 16, 2020

Unless that will is found and it says something different your dad’s children should have inherited half of his estate. Hire a probate attorney right away. The longer you wait the harder it is going to get to straighten this out.

2 Answers | Asked in Probate for California on
Q: Mother lived in Pennsylvania for her entire life until she relocated to California in November of 2019.

She moved to California with the intention of living the rest of her life near family in California and disposed of all her property in Pennsylvania prior to relocating. Once she moved to California, she stayed in California continuously and moved into an assisted care facility (this required her... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 16, 2020

Under those facts I would say California.

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1 Answer | Asked in Probate for California on
Q: Can the next of kin(daughter) inherit all of the IRA if there is no will but she is not listed as a main or secondary?

IRA has main and secondary beneficiaries, main is deceased(was husband) secondary is alive(sister)

Next of kin is alive (daughter) Can the daughter inherit all of the IRA if she is not listed as a main or secondary beneficiary ?

The bank is saying they can only give half, at the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2020

Under the facts as you have described them, the secondary beneficiary (sister) would inherit. If the other daughter thinks she has grounds for claiming a share of the IRA that was not left to her, she will most certainly need an attorney to help make that case, because it is kind of a longshot.

1 Answer | Asked in Probate for Colorado on
Q: My father had a living trust for the property. During the process of getting him Medicaid the consultant we hired had me

Do a quit claim on the property and file it with the county. The mortgage , insurance and utilities are in his name. He had some debt as well medical mostly. Do we have to go thru probate and do we have to pay his debt off.

He has a will and it is not contested.

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2020

It is not possible to answer your question without reviewing the trust, the deed, and other things. You should contact a trust administration attorney. Most likely a probate will not be required but some kind of trust administration will be required.

1 Answer | Asked in Estate Planning for Indiana on
Q: My mom and brother and sister are part of a trust or estate she gets 500.00 a month but can ask for more

she wants to leave her assists to me and her granddaughter what process would this detail thank you for your help

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2020

An estate planning attorney would need to review the trust or estate documents that are generating the monthly income and would also need a better idea of what assets are held by the trust or estate. It is possible that your mother has no control over where her share of the trust or estate goes... Read more »

1 Answer | Asked in Estate Planning on
Q: My dad passed away in 2014 I have found his will and in his will it states that he wanted everything split between six k
Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2020

If you have a question, there is probably someone in this forum that would be happy to answer it.

2 Answers | Asked in Estate Planning for New York on
Q: My brother passed away recently and I am not his executor.

My question is that recently I found out that he had a 401K and he did not have anyone listed as beneficiary since I am his only next of kin am I entitled to any of that 401K? I am sure that all his assets will go to probate and then a decision will be made. Thank you.

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2020

If you brother had no wife or children that survived him, chances are your guess is correct - the proceeds are now an asset of his probate estate. If your brother also had no will, most likely you will inherit that account.

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1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: One (of 5 siblings) live in their parents house in NJ for past decade. Both parents die, who gets the house? No will.

A woman is one of five children. She lived with her elderly mother and stepfather for the last 10 years. Her stepfather dies. The house and all assets go to his wife. Then his wife dies. The woman who has lived in the house for the last ten years has paid bills, remodeled and paid taxes on her... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2020

When a person dies without a will, the property the decedent owned is distributed through a process called probate to the decedent's heirs according to the states laws of intestate succession. If the decedent had surviving children but no surviving spouse, which sounds like the case here, the... Read more »

1 Answer | Asked in Probate and Estate Planning for Texas on
Q: My brother took my mom had her sign a will he drew up she was unable to sign I have proof of this

She was hallucinating she & HER son had no relationship my kids &I lived with her until they grew up now she had left almost everything to my kids & me my brother was very jealous of the fact my momma allowed us to live at her house she did everything for my children she did nothing at all for his... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2020

That is very sad situation. There were legal remedies but it might possibly be too late for you to pursue them. Take all of your facts and documentation to a will contest attorney in your area to see if there is anything left that you can do. Do not delay any longer as time is of the essence.

1 Answer | Asked in Probate on
Q: Mom quit-claim deed her home to her eight children. 5 siblings have passed without probate over the past 15 years.

Mn. says we are tenants in common when we understood we were joint tenants since mom and dad were when she quit claimed the home. Can we claim their share as abondoned property? How do we force probate after all these years when we are not their spouse or children and they live out of state?

Nina Whitehurst
Nina Whitehurst answered on Jan 13, 2020

If the children were all named as tenants in common, which is presumed if the deed does not say otherwise, and some of the owners have died, those shares do need to be probated and retitled in the named of their heirs at law or heirs per their wills, if they had wills. Any interested party can... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: Hello, I need to hire a Lawyer and I don't know what kind of Lawyer I need. Please advise

My Brother is Successor to my fathers trust. My father passed in August. He left us both Equal parts. My brother seems to have disappeared. I need to make sure we don't lose the house

Nina Whitehurst
Nina Whitehurst answered on Jan 13, 2020

You are looking for a trust administration attorney. Even better would be an attorney that also handle trust litigation. The attorney can review the trust and advise you as to what needs to be done to replace the MIA trustee.

2 Answers | Asked in Banking and Estate Planning for Florida on
Q: My FIL is going to an assist living in Fr.Myers, they are asking for all financials & stocks is this ok. & should move $

Should we move his money to another Acct and do we have to give stocks information.

Nina Whitehurst
Nina Whitehurst answered on Jan 13, 2020

It sounds like the ALF wants the financial information either to confirm that he is able to pay privately or to determine whether he will be eligible for Medicaid. Either way, you should schedule a consultation with an elder law attorney in your area to discuss Medicaid planning. The folks at the... Read more »

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1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Q: Is it normal to pay yourself a wage for working on the estate?

To save on costs, us 4 siblings are doing the house clean up, painting, items inventory to be sold off. One sibling has been keeping track of the hours worked on the estate (but hasn’t asked us to do the same, but claims she has been keeping track for us) doing all this and wants to pay us all an... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 12, 2020

You can do that if you all agree but keep in mind that by doing so you are converting tax free inheritance money into taxable ordinary income.

1 Answer | Asked in Probate for Arkansas on
Q: My mother died in October 2018. We had a joint checking account with Right of S. Does it go through probate?

We are in probate. My niece is fighting my mom's will and accusing me of hiding my mom's money. This is an account that is for business purposes only, no checks. It is a Reserve Account with a hold on the funds from the bank to pay our monthly mortgage. I don't have access to the account; only... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 12, 2020

There is a very, very strong presumption that a bank account that is titled as joint tenants with right of survivorship goes to the survivor upon the death of the other account holder, and the bank can safely turn over the funds to the survivor without requiring probate.

However, if someone...
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1 Answer | Asked in Probate for Tennessee on
Q: How long do you have to finish probating an estate in Tennessee?
Nina Whitehurst
Nina Whitehurst answered on Jan 12, 2020

There is no deadline. Some probates (not necessarily in Tennessee) have been known to go for fifty years or more. Most probates take about 12-18 months.

1 Answer | Asked in Estate Planning for South Carolina on
Q: there is a will but family members refuse to show the originl will or let it be seen l by family and is not execut
Nina Whitehurst
Nina Whitehurst answered on Jan 12, 2020

A will that is not executed (signed) is not valid. When that happens the decedent is said to have died “intestate” which means without a will.

1 Answer | Asked in Probate for New Hampshire on
Q: What is best way to fix name on legal documents when first/middle were switch on birth certificate?

Moved states and need a new ID but my birth certificate has my first/middle names switched (I never caught this). All legal documents use my middle name (for 85 yrs now). DMV suggests I change entire name to match SS card exactly and then apply for new birth certificate. But will state put my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 11, 2020

You have a few options here. The first option is to do nothing. It is quite common for an individual to "go by" his or her middle name or a nickname his or her entire life. Just accept the new id with your name as shown on your birth certificate. Your friends can still address you by your... Read more »

1 Answer | Asked in Consumer Law, Estate Planning, Banking and Civil Litigation on
Q: Can i recover 220k pod money the administrator stole from me by falsifying a court order the court order itself is fake
Nina Whitehurst
Nina Whitehurst answered on Jan 11, 2020

I am guessing that by "administrator" you really mean executor or personal representative appointed by the court. You should hire an attorney to help you petition the court to recover the funds and also remove the executor/personal representative due to malfeasance.

1 Answer | Asked in Estate Planning for South Carolina on
Q: Once the settlor of a revocable trust has passed away, should the beneficiary (trustee) rework the trust ?

Can a lien be put on an irrevocable trust?

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2020

A revocable living trust becomes irrevocable when the settlor dies, so it cannot be amended absent a court order or a trust protector named in the trust.

When the settlor dies, the successor trustee should hire an attorney to assist the successor trustee with a process known as "trust...
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