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Questions Answered by Nina Whitehurst
1 Answer | Asked in Government Contracts, Land Use & Zoning, Estate Planning and Real Estate Law for Wisconsin on
Q: we bought a property the rental of the land was not included in with the bill of sale do we have to honor the contract?

Nothing was signed by us and we didn't even know it existed. we waited for wheat to be done being harvested and now want to get rid of them so that we can plant our trees.

Nina Whitehurst
Nina Whitehurst answered on Jul 24, 2021

Your question cannot be answered without more information. Is there a written lease agreement? You will need to get a copy of that. Have you tried talking to the tenant about his intentions? Did the seller represent that there were no leases?

2 Answers | Asked in Estate Planning and Tax Law for Michigan on
Q: am I able to change the beneficiary on a pre-tax IRA after the account holder has passed. My father lived in NC.

my siblings and I are beneficiary of one of my dad's IRAs, we want to make his surviving wife the sole beneficiary. can we do that and have the IRA still be pre-tax.

Nina Whitehurst
Nina Whitehurst answered on Jul 22, 2021

It is possible that if all of the decedent's children disclaim that the account would then go to his surviving spouse. But that depends on other factors, including exactly how the beneficiary designation was worded and whether there were contingent beneficiaries after the children. You... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Dad dies, will deeds property to mom. Stipulates after her death, to be split amongst kids. Mom wants to sell. Can she?

Father passed 16 years ago. His will stated the home is to be left to mother, then following her death, the property is to be split between 4 adult children - 3 father's biological, 1 mother's biological. The deed is in mother's name and she has maintained the property solely.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 20, 2021

It is not possible to answer your question without actually seeing your father's will and also reviewing the probate case, if there was one. It would also be necessary to review a limited chain of title to see how title ended up in your mother's name. You should take all of this... Read more »

1 Answer | Asked in Estate Planning on
Q: My Mom’s house is under a life estate. Can we sell her home to pay for assisted living when her cash runs out?

She will exhaust her cash early next year (2022). Most likely she will need nursing home care and will need Medicaid at some point, but we would like to keep her in assisted living as long as her health hasn’t declined to the point of needing full time nursing care.

Nina Whitehurst
Nina Whitehurst answered on Jul 19, 2021

It sounds like all your mom owns is a life estate. Most life estates are alienable (which means they can be sold), but in reality there is not much of a market for life estate. You probably will not find a buyer. In order to sell both the life estate and the remainder interest, you would need... Read more »

2 Answers | Asked in Estate Planning and Health Care Law for Arkansas on
Q: If a power of attorney is only good for financials in my state what do I need for healthcare decisions?

I’m an only child and my mother is widowed/not remarried. She is a type 2 diabetic with chronic related health issues due to noncompliance with her meds and eating habits.

Nina Whitehurst
Nina Whitehurst answered on Jul 18, 2021

You need a medical power of attorney. This goes by many names. Some call it a durable power of attorney for healthcare.. Sometimes it is called an advance directive, which is a combination medical power of attorney and living will. Some states have statutory forms. In Arkansas it is called an... Read more »

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1 Answer | Asked in Estate Planning, Tax Law and Social Security for California on
Q: I would like to shelter my lump-sum SSDI payment from further taxation. I am currently in an "uncollectible" status.

A lawyer friend suggested an irrevocable trust. Does that make sense?

Thank you,

Nina Whitehurst
Nina Whitehurst answered on Jul 17, 2021

It is not clear what “further taxation” concerns you. Is it income tax? Estate tax? Real property taxes? Something else? It could be that you yourself do not understand the taxation of SSDI benefits. You should consult with a tax advisor about that. Most likely you will not need any kind of... Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: How do I file a POA in Erie County, Ohio?

POA is in a trust. Mother is now in a nursing home in their memory unit. Trying to sell her home to be able to pay for her future nursing home bills. Actually, already have it on the market. Do I need to stop everything until this is secured from the county?

Nina Whitehurst
Nina Whitehurst answered on Jul 16, 2021

“POA is in a trust” does not make sense. If the house is in your mother’s name AND if the POA contains the proper authorities, the agent named in the POA can sell the house. Usually the original POA instrument itself is recorded in the local land records to prove authority.

If the...
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3 Answers | Asked in Estate Planning and Elder Law for Georgia on
Q: We did a will for my hubby who now is in the throes of Alzheimer's. I have Power of Attorney. What if I die first?

Is the Power of Attorney assignable? Is there another way to legally appoint someone to see to my affairs for my husband who isn't able?

Nina Whitehurst
Nina Whitehurst answered on Jul 16, 2021

No, the agent’s authority under a power of attorney is not assignable or delegable. The best solution would have been for your husband to have named a successor agent in the existing power of attorney. Chances are, however, it is too late for that because he lacks capacity. If you pass most... Read more »

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1 Answer | Asked in Real Estate Law and Estate Planning for Texas on
Q: If you do a buy out for an inherited property how is the buy out determined ? On date of death for market value ?

My brothers portion is 12.5% is his portion determined on equity in the house we still owe 142k and is that based on market value on date of death ? Or today’s market

Nina Whitehurst
Nina Whitehurst answered on Jul 14, 2021

The buy out price is whatever the buyer and seller agree upon. If the co-owners cannot agree, then one of them can take the other to court to force a sale, in which case the court will decide and everyone loses because attorneys' fees and court costs come off the top.

1 Answer | Asked in Estate Planning for Oregon on
Q: Am I entitled to see my mom’s legal estate papers that my two sisters had drawn up? I’ve been her live in caretaker

…for years & now neither Mom nor I know what siblings have drawn up & had her sign. How can I compel them to give Mom & I copies-they have refused.

Nina Whitehurst
Nina Whitehurst answered on Jul 12, 2021

You are not entitled to copies of your mother's estate planning documents while she is still alive, but your mother is entitled to not only copies but the originals. If she does not know what she signed, then she should demand the originals and read them or have an attorney help her... Read more »

1 Answer | Asked in Estate Planning for Georgia on
Q: What is the "costs" to draft a Miller Trust" (i.e. Qualified Income Trust for Nursing Homes).

I am requesting a "estimate quote to have a lawyer draft up a Qualified Income Trust for Long-Term Care (i.e. Medicaid). I have a "Durable Power of Attorney for Finances", a "Durable Power of Attorney for Healthcare" and a "Will" for my mother. My mother has two... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 12, 2021

Attorneys are not allowed to provide direct quotes via this forum. You need to contact an attorney directly for a quote. A quote is normally not given until after a complete consultation. This is similar to a doctor not providing treatment until after a consultation and examination.

A...
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1 Answer | Asked in Estate Planning on
Q: I have a will, but am interested in replacing it with a trust for my heirs.

My assets are modest; they include a house in Little Egg Harbor, now worth maybe $300,000 or less and investments of about $40,000. I live in California, so how can I set up a trust that covers my house in NJ?

House, which I bought in 2002 (or 2003) has a small mortgage, which will be paid... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 11, 2021

Because you currently live in California, your trust would be created in California. You can transfer your NJ house to your California trust. A good estate planning attorney can handle both the creation of the trust and the retitling of the NJ house.

A complete estate plan would also...
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2 Answers | Asked in Estate Planning, Elder Law and Probate for Massachusetts on
Q: My dad left an irrev. trust&my sister & I are co-trustees. Everything's split 50/50.Is it legal for her to take things

My father passed away and left an irrevocable trust. My sister and I are co-executors and everything is divided 50/50. She has gone behind my back and taken things (of significant value). Is that legal and if not what can I do to stop her? My sister and I have been estranged for many years so there... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 10, 2021

Your probate attorney can help you file a petition to require your sister to account for all assets or to have her removed as executor if she is engaging in malfeasance.

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1 Answer | Asked in Real Estate Law and Probate for Mississippi on
Q: Can I be named sole owner of my grandmother's property? She died 11 years ago and had a will.

At the time of my grandmother's death she still owed a mortgage on her house. I paid off mortgage and have paid all taxes and upkeep on property. Her will states house is to be divided between my aunt, her 3 kids and myself. No one has paid anything except me. Her will has not been probated.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 9, 2021

A person's will cannot be changed after the person has passed.

It sounds like you are living in the house and that is why you have paid the mortgage, taxes and upkeep. When one co-owner pays carrying costs, normally that co-owner is entitled to reimbursement from the other co-owners...
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1 Answer | Asked in Estate Planning for Tennessee on
Q: Can someone who was adopted by a step parent in early childhood claim their biological parents inheritance in tennessee?

Now the person is in their 40’s claiming to be a biological child and got a post death DNA test.

Nina Whitehurst
Nina Whitehurst answered on Jul 6, 2021

TCA 36-1-121(e) provides:

An adopted child shall not inherit real or personal property from a biological parent or relative thereof when the relationship between them has been terminated by final order of adoption, nor shall such biological parent or relative thereof inherit from the...
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1 Answer | Asked in Estate Planning for Texas on
Q: Revocable Living Trust, one spouse dies, question.

Will the child of the deceased parent be entitled to any proceeds from the sale of the house. The property is in wife and husband's name. Should I contact a lawyer? Thank you.

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

There is absolutely no way of knowing what the plan of distribution is under a trust without reviewing the trust instrument itself. But if the house is in the names of the two individuals as husband and wife, then that means it is not in the trust and so the terms of the trust do not matter. In... Read more »

1 Answer | Asked in Probate for Texas on
Q: Regarding the extent of an Executors "authority"

The Will states persons A, B and C will inherit a house in equal shares. The Distribution Deed, signed by the Executor (which is also person A) shows A, B and C as the "Grantees". Once that Deed is processed (county? state?), and A, B, and C are the "owners", does... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

That is a good question. After the property is distributed (deeded) to A, B and C, the executor is longer in charge of the property. A, B and C are in charge, and everything they do must be unanimous. But any one of them can force a sale by going back to court if he or she is no longer... Read more »

2 Answers | Asked in Criminal Law, Estate Planning, Military Law and Real Estate Law for Louisiana on
Q: i need an attorney that deals with veteran estate fraud. i was not notified of my grandfather death. it was almost 8 y

he was not given proper burial and he has lot of property in diff. states.

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

Attorneys in this forum are not allowed to respond to you to indicate their availability. They can only answer questions of a general nature. Click on "Find a Lawyer" above and look for a probate attorney in your area. You must initiate contact.

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3 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Banking for Louisiana on
Q: there is a contractor who lied to everyone and said grandfather had no living relatives which made him administrator.

there is so much more and i do have proof its just finding a lawyer that will listen and take interest. this could turn into a huge case and ive been told poss. movie,,,lol. there is alot and these people have stolen, lied, bullied, and manipulate

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

Please understand that attorneys in this forum are not allowed to contact you, provide their contact information in a response, or in any way try to solicit your business or indicate their availability to help. You need to make the first contact. Click on "Find a Lawyer" above and... Read more »

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1 Answer | Asked in Estate Planning and Elder Law for Michigan on
Q: How do I remove myself as alternate or substitute agent from both financial and healthcare Power of Attorney documents?

This is in the State of Michigan.

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

There are two ways to do this. The first way is to inform the maker of those instruments that you are not willing to serve and ask that he or she revoke the existing instruments and make new ones. If that is not possible, then you can simply decline to serve. This should be done in writing and... Read more »

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