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Questions Answered by Nina Whitehurst
2 Answers | Asked in Probate for Michigan on
Q: Live in Genesee count Michigan father in-law just passed away. Family business to be divided in half but have several

Texts over a 8 month period that shows it is not how the deceased person wanted it. Also have several witnesses to state the same. How hard to fight this?

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2019

Text messages do not satisfy the requirements for making a will but sometimes they can satisfy the requirements for making a contract. Have a local probate attorney review all of the facts and explain your options to you.

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1 Answer | Asked in Probate for Hawaii on
Q: How do I enforce a last will and testament
Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2019

You petition the local court to probate the will. Once the court accepts it as the decedent’s last will and testament the executor appointee by the court administers the will and, if need be, enforced it with the power of the court.

1 Answer | Asked in Probate for Iowa on
Q: my dads will states that he was in a office and signed it and he was in the hospital dying of esophagus cancer. his will

his will was changed 4 days before death he was in the hospital on phorpen every 3 hours

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2019

You didn’t actually ask a question, but I am assuming that you are questioning the validity of his will. It does sound like you have some facts that might call the will into question. You should schedule a personal consultation with a probate attorney in the vicinity of where your dad had lived.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Indiana on
Q: Do I qualify for survivorship?

My name is posted online as the second owner and in the recorders office. My quickclaim was recorded and I have a reciept. What is needed to change myself to the primary owner? My family says a probate is needed, but online I read survivorship. Also my mother was ill and used alias names as she... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2019

It is not possible to answer your question without reviewing the deed and obtaining additional information. Your best bet is to contact a local real estate attorney and schedule a personal consultation.

1 Answer | Asked in Probate for Arizona on
Q: Should I contest will & what are possible outcomes? Father created will & marries after terminal brain cancer diagnosis.

My Father was diagnosed with Glioblastoma Brain Cancer in April 2019. Immediately, he was deemed unable to drive and was put on anti seizure meds. Here's a quick timeline of events as they occurred in order.

1. Cancer diagnosis April 2019.

2. Created or changed will and trust June... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2019

There is not enough information to answer your question. An attorney would need to review your father’s entire estate plan and possibly also his medical records in order to even start providing any kind of analysis regarding your options.

1 Answer | Asked in Estate Planning for South Carolina on
Q: In sc if you owe money on your home can you still do a life estate?
Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2019

Yes, you can BUT depending on who you transfer the remainder interest to it might allow the lender to call the loan due. There is no way to know without reviewing the loan documents. Also, if you do this, you should have an agreement between the life tenant and the remaindermen regarding who pays... Read more »

2 Answers | Asked in Civil Rights, Estate Planning, Elder Law and Probate for Michigan on
Q: My husbands dad passed away last year. His wife their step mom has the house. A niece came into the picture and took poa

They moved her to Mississippi. Now the niece is refusing to let my husband and his brother into the house to get their dads personal stuff. She even sent a detailed email stating we could go in. Then called and retracted the email verbally. What are the rights of my husband and his brother. If any,

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

There are not enough facts provided to answer your question. All I can say is if his dad did not have a will then your husband is way more likely to have inherited from him than the niece but the wife will have inheritance rights too. Your best course of action is to schedule a consultation with a... Read more »

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1 Answer | Asked in Probate for Georgia on
Q: My mother passed away recently and my brother passed the next day. She had an account at bank in her name for him.

The acc so he can get ount read her name for his name. The money came from social security disability benefits and she paid his monthly bills with this money. He has 3 sons, one of his children is trying to go thru probate to be appointed representative (he had no will) in order to get this money.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

When an account is set up like that (Name 1 for Name 2), the account is owned by Name 2 and Name 1 is just an agent, not an account owner. So if your brother is Name 2 and he has passed with no will, then the account should pass to his intestate heirs and, yes, most likely those intestate heir are... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Stepfather passed away and I'm in the process of closing out his bank account they said I have to wait for death wages

Death wages... what is that?

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

They probably mean wages that were earned as of his date of death but not yet paid. He must have been paid via direct deposit.

2 Answers | Asked in Mergers & Acquisitions and Probate for Florida on
Q: What are the consequences/legality of purchasing a restaurant business if one of the 3 owners is in probate?

We're a week out from completing our due diligence period for purchasing a restaurant and it was just disclosed to us the deceased owner's name is still on the company and though they had a will it could place their share of the restaurant in probate.

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

The deceased owner's estate needs to be probated in order to transfer ownership of that share of the business to the deceased owner's heir(s). However, there is much more to it than that. There might be a buy-sell agreement in place or other mechanisms for dealing with the death of an owner.... Read more »

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1 Answer | Asked in Estate Planning for Alabama on
Q: Can you have a trust document in Alabama notarized by trustee in another state?

I am in Alabama the document pertains to my Alabama property. My trustee is in Tn...can the trust be notarized in Tennessee?

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

I think you mean can the trustee's signature be notarized in another state. Yes, that is done all of the time.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: To be clear for medical POA according to 34-6-203 if you have two witnesses a notary is not necessary and vice versa?

Can you clarify if i'm wrong?

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

That is correct. The witnesses, if you go that route, cannot be related to the principal by blood, marriage, or adoption and must not be entitled to any portion of the estate of the principal upon the death of the principal, i.e. not an heir or beneficiary.

1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for California on
Q: My dad left me a letter stating that half the property was mine no notary just his signature

My mom is ripping me off and giving my money to her daughter that's not my dad's I worked with dad since kid with no pay cause he promised me half the property and my mom always hated that and now she sold the house I found out by getting a eviction letter from new owner and is not giving me my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

I am saddened when I read yet another story about someone (in this case your dad) who engaged in do-it-yourself estate planning and it failed, to the detriment of the intended beneficiaries. It would have been way cheaper for your dad to hire an estate planning attorney to do this right than it is... Read more »

1 Answer | Asked in Estate Planning for North Dakota on
Q: if a parent dies and the estate does not cover the bills, can heirs be held liable for debts of the parent?

The parent dies and has a loan on a car. the credit company repossesses the car. Are the heirs liable for the unpaid amount on the car loan

Nina Whitehurst
Nina Whitehurst answered on Sep 19, 2019

No, the heirs are not liable. Only the estate is liable.

2 Answers | Asked in Estate Planning for North Carolina on
Q: North Carolina will challenge. Do I need to prove BOTH Mental Capacity to make a will AND Undue Influence?

I am pretty sure I can meet the burden of proof for Undue Influence. Mental Capacity I may not be able to defeat.

Can I prevail in North Carolina Law with just the Undue Influence alone to set aside the will?

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

I agree with my colleague that you only need to prove undue influence, but realize that some diminished capacity is a sub-element of undue influence. For example, if the CEO of a Fortune 500 company leaves his entire estate to his girlfriend, disinheriting his wife and children, chances are you... Read more »

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My uncle had a will he wrote up 10 years ago.

My uncle had a will he did 10 years ago, my dad who was still alive then was listed in the will. My uncle passed away recently and now his siblings want my brother and I to sign our rights away . Do we have any right to inherit from the will since we are next of kin from my father , his brother.

Nina Whitehurst
Nina Whitehurst answered on Sep 19, 2019

Whether you have a right of inheritance is impossible to say without reviewing your uncle's will, but your relations apparently think you do or they wouldn't be asking you to waive them. If you have a right of inheritance, there is no law that compels you to waive it. Don't sign anything without... Read more »

2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: My Mother Died in May 9th and my Step-father Died in September 14th before finishing/starting her estate.

Now step-dad's biological child(one of the two he has) is saying us step-kids get nothing because 100% of moms estate goes to spouse(step-dad) and now we are not entitled to his estate as step-children. Is this true? It seems like my moms estate should be settled first which we are heirs of, then... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 19, 2019

It sounds like your mom and step-dad had none of their own children. In other words, she had her children (you and your full siblings) and he had his children (the step-children in relation to you). And your mom did not have a will.

In that case, under Michigan law your step-dad should...
Read more »

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3 Answers | Asked in Real Estate Law, Probate, Elder Law and Estate Planning for California on
Q: Can my grandmas Fadituary buy my grandmas property

I have noticed my grandmas fadituary now bought my grandmas property. Is this legal? this woman has almost killed my grandma destroyed her life now this!

Nina Whitehurst
Nina Whitehurst answered on Sep 19, 2019

There is no such word as "Fadituary". Do you mean fiduciary? Is this person your grandma's attorney in fact (agent appointed under a power or attorney)?

If so, yes, the purchase of your grandma's home may very well have been illegal self-dealing. Some powers of attorney allow it, but...
Read more »

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2 Answers | Asked in Probate for Pennsylvania on
Q: Probate was opened in pa and eight years later will was filed
Nina Whitehurst
Nina Whitehurst answered on Sep 18, 2019

What is your question?

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2 Answers | Asked in Probate and Estate Planning for Michigan on
Q: My husband passed away and he was the conservator on my sons settlement. My son is now 18 how does he get his money
Nina Whitehurst
Nina Whitehurst answered on Sep 18, 2019

It does depend a little on the terms of the conservatorship. Worst case scenario is you file a petition to have the conservator replaced. That should be any easy sell given the existing conservator is deceased.

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