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Questions Answered by Nina Whitehurst
4 Answers | Asked in Probate for Oregon on
Q: Mother passed away in California but I live un Oregon, do Oregon probate laws apply and if so what is the process?

Im trying to close her credit union account in california, the credit union does not have any branches in oregon and operates solely in california

Nina Whitehurst
Nina Whitehurst answered on Nov 22, 2019

Probate takes place in the jurisdiction where the person was domiciled (which is usually the same as their permanent residence) when he or she died. For example, if your mother's permanent residence was in California and she died in California, then probate would be in California (same county as... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Arizona on
Q: I bought and am paying for a home but my aunt is on the title. What happens if she has to use ALTCS?

I bought a HUD home in Tucson, AZ for my Aunt to use. She could not afford to live on her own. Since it was HUD, she had to be on the title with me as she is the full time resident and I use it as a vacation home. I have paid all money for the home and continue to pay the mortgage. If she uses... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 22, 2019

Your question is missing important facts. Exactly how is the house titled? Tenants in common? If so, in what percentages? Or is the deed silent on that? Joint tenants with right of survivorship?

You do have a legitimate concern, plus other issues you may not have considered (such as...
Read more »

1 Answer | Asked in Estate Planning for North Carolina on
Q: Me and my brother own the house and property that my parents lived in. What are my rights to sell?

Me and my brother own the house and property that my parents lived in. I want to sell him my half but either he can't get the money or won't pay 1/2 of appraisal value. I am the oldest of both of us and I have no desire to keep another house. If he can't buy my part, I suggested to put it up for... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 22, 2019

You can't sell it without his signature. Actually, you can sell just your half with only your signature, but nobody will buy that. If your brother won't listen to reason, then you can force him to sell by going to court but it will be expensive and the cost will come out of both of your shares.... Read more »

2 Answers | Asked in Probate for Georgia on
Q: If my dad did not leave a will is the house that he owned with my mother also the heirs home now as well? I'm Prob Admin

My dad did not leave a Will. I am the Probate Administrator now. I am going through the laws around the appropriate measures to take for my mother and three adult children. His house is in Carroll County Georgia. We were told that the house he owned with my mother is also now ours as well... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 22, 2019

The answer depends on how the house was titled. It might have been titled in both your mom's and dad's names, in which case there is a good chance that your mother is now the sole owner of the house. If it was titled in your dad's name alone, then your mother inherited a share (not less than one... Read more »

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2 Answers | Asked in Probate for Massachusetts on
Q: Both parents on deed, one passes away, when the surviving spouse dies, can it be sold without probate if there is a will

children in will would like to sell house without going to probate, they are all listed in the will

Nina Whitehurst
Nina Whitehurst answered on Nov 21, 2019

Some kind of probate process is ALWAYS required to change title to assets titled in the name of a decedent UNLESS an exception applies. Apparently you are expecting an exception to apply when the first parent dies, perhaps because the property is titled in their names as joint tenants with right... Read more »

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2 Answers | Asked in Estate Planning and Probate for Wisconsin on
Q: Adult child dies after being raised by father and stepmother. Does the mother still have right to 50% of his estate?

Adult child was 59 years old and had seen his estranged mother 1 time since before he was a teenager. His father and stepmother raised him and he lived with them until he passed. He died and named his estate as the beneficiary of his 401k. He had a named beneficiary for life insurances and... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 20, 2019

If he had no surviving spouse or children, yes, that is quite likely. THAT is why it is important for everyone to have an estate plan. Reason #1 (out of at least a dozen reasons), is to make sure your stuff goes to who you want.

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1 Answer | Asked in Estate Planning for Illinois on
Q: If both people die who are to receive money from a will. Who should the funds be forwarded to if any.
Nina Whitehurst
Nina Whitehurst answered on Nov 19, 2019

It really depends on how the will is worded and whether the heirs predeceased the decedent or died after the decedent died and if so how long after the decedent died. If the two heirs predeceased the decedent and the will has no remote contingent beneficiaries, then the estate would go to the... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: As my grandfather's caregiver for the last 3-years, am I able to get any compensation from his estate?

There is a will leaving his estate to his (3) sons. My father promised that I would be taken care of after my grandfather's death; however, since my grandfather's death he's had a change of mind.

Nina Whitehurst
Nina Whitehurst answered on Nov 19, 2019

If you have any evidence of that promise you can make a claim against the estate. You should hire an attorney right away to assist you. There are deadlines for doing this and they are short and strict.

1 Answer | Asked in Estate Planning for Indiana on
Q: My father died a year ago, now his wife is contacting me Telling me to sign a estate paper to sign the house over

I have no idea how any of this works, but she’s telling me the home needs maintenance and my and my brother need to sign estate papers giving her the home? Should I do this?

Nina Whitehurst
Nina Whitehurst answered on Nov 18, 2019

You should have the papers reviewed by a probate attorney before you sign them.

1 Answer | Asked in Estate Planning for Rhode Island on
Q: In Rhode Island can the executor of a will live in the house of the deseased, the major asset of the estate?

Would executor need permission of beneficiaries to live there and would exector need to pay rent at current market value?

Nina Whitehurst
Nina Whitehurst answered on Nov 17, 2019

To prevent claims against the executor for breach of fiduciary duty against the executor, the executor should obtain court approval before doing such a thing.

1 Answer | Asked in Estate Planning for Montana on
Q: Co-trustee and POA. I'm being asked by co-trustee to sign a contract outlining mom's care to get paid as caregiver.

My stepbrother and I are named as co-trustees and POAs over our parents. Dad passed. Mom has dementia. I am staying with her in Montana and caring for all her needs, paying her bills, arranging for assisted living in Bend, OR.

The Wills and Trusts state that one can be paid to take care of... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 17, 2019

A caregiver contract makes perfect sense in your situation. It also helps document that those payments are not gifts in case you ever need to apply for Medicaid for her. Otherwise they would be presumed to be gifts. Medicaid applicants are penalized for all gifts made within five years prior to... Read more »

1 Answer | Asked in Probate for California on
Q: My dad past two year.he left me property as payment for helping him in business with some days no pay,my mom sold home

She secretly no sign no one came to look at home I suddenly got call saying I have to move I ain't greedy I don't want the money I want what my dad's wish was to save home for future generations my mom put herself on deed my dad would say I thought it was them fighting again but the way my mom... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 16, 2019

You narrative is missing a whole lot of important facts, like whether or not your dad had a will and how the house was titled. The best way to sort this out would be to schedule a consultation with a will contest attorney in your area. This forum is for questions of a general nature. For... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: I need to transfer my property from a trust to myself after the death of my mother. I don’t know how to do this .

My mother passed 5 years ago. She gave me the house upon her death, it was in the family trust before this. I need to change the title.

Nina Whitehurst
Nina Whitehurst answered on Nov 16, 2019

The best way to do this is to hire an attorney to assist you. Most estate planning and trust administration attorneys (such as myself) do this on a regular basis. The fee is usually quite affordable compared to the litany of problems you could experience in the future if this is not done... Read more »

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: SC-Husband &Wife own home free and clear,husband dies, can wife quit claim deed property to son without probate?

Does house have to go through probate or can the wife just transfer ownership to her son?

Nina Whitehurst
Nina Whitehurst answered on Nov 15, 2019

It depends on how title was held by husband and wife. If they held as tenants in common then, no, the husband's share needs to be probated. If it was held as joint tenants with right of survivorship or tenants by the entirety then, yes, wife is now the sole owner.

However, before...
Read more »

1 Answer | Asked in Estate Planning and Civil Litigation for New York on
Q: Can an appointed trustee destroy the trust property given to him? If given promissory note, is he liable for face value?

A trust was created for my benefit earlier this summer. A promissory note was given in trust to the trustees to be invested and utilized for specific purposes. The note transferred to the trustees is still currently in their possession. They have not performed the trust nor accounted as required... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 15, 2019

A trustee has the duty to protect, collect and maximize the value of trust assets for the benefit of the beneficiaries, and intentionally destroying a trust asset would presumptively be a violation of that duty. However, it is possible that the note truly was uncollectible and it would cost the... Read more »

1 Answer | Asked in Probate and Estate Planning on
Q: my brother dies a few days ago. He has two kids, one 35 and other 30. On the will it list daughter as executor.

My brother dies a few days ago. He has two kids, one 35 and other 30. On the will it list daughter as executor. also daughter is beneficiary of 1/3 of estate, son is beneficiary of 1/3 of state, and myself is 1/3 beneficiary of state. His two kids, are not perusing a wrongful death suit. I myself... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 15, 2019

You could hire a probate litigation attorney to help you file an objection to the daughter being appointed executor and to have yourself appointed instead. The reason would be that the executor's job is to marshall all of the assets of the estate, and she is failing to pursue a large asset. You... Read more »

3 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Is there a way to do a will without involving a lawyer?

He has stage 4 cancer, hospice is in, and he is no longer able to leave the house. He wants to get his will done so there is no fighting. He also owes a bit on his house but wants to transfer the home to his daughter, can this be done? Lots of questions but hope to be guided in the right direction.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 14, 2019

There is no law that REQUIRES anybody to use an attorney to prepare a will. It is simply best practice if the outcome matters and you want it done right.

By the way, you mentioned that you are the "estate trustee". There is no such thing as an "estate trustee". This is all the more...
Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: My daughter was made administrator for probate. People live in house but she needs to secure. How does she go about

getting eviction notice done and served? How much time is given to the family to evict?

Nina Whitehurst
Nina Whitehurst answered on Nov 14, 2019

Your daughter should engage a landlord-tenant eviction attorney to help her carry out the process of eviction legally. The amount of notice that must be given to the existing tenants depends on the duration of the lease.

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: Can an obvious mistake of naming a long-time estranged adopted grandchild as beneficiary to a trust be corrected?

My 79 yo father created a revocable trust in 2015, he was original trustee. Trust named his 6 children as equally-divided beneficiaries, & the "beneficiary's issue" if the child has died. My brother died March, 2019; my father died August, 2019. My brother married twice. No marriage produced... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 14, 2019

That mistake is probably going to be difficult if not impossible to correct. This is why estate plans should be reviewed and updated periodically. The only way for any attorney to be able to provide you with definitive advice would be to review the actual wording of the trust instrument. This is... Read more »

1 Answer | Asked in Probate on
Q: My father-in-law died 3 years ago. Mother and sister were trying to steal everything through bullying before he died. Th

They had power of attorney. They refused to allow his son to see him even though he wanted to see his son. The mother has now passed and neither will (yes both had them) were ever put into probate. Sister is executor and trying to steal everything. We are going to contest but first need to see they... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 14, 2019

There are solutions to your multiple probate concerns, but this is not a do it yourself project. A local probate attorney can help see you through this. It is impossible to explain in a simple question and answer forum such as this what it takes years of experience to learn.

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