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Questions Answered by Nina Whitehurst
1 Answer | Asked in Probate for Tennessee on
Q: My Fiance passed away 2/26/2019. I found her Will and she left her share of the farms 60 acres which is 20 acres.

Plus all her personal belongings. She stated in her Will she did not want her daughters at her funeral. I have her journals that explain this. I want to know if I have rights? We lived together for 13 years. Her daughter's and sister broke into our home after her death searching for her Will.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2021

You did not say TO WHOM her Will leaves the 20 acres and the personal property. If you meant to say that she left those things to you, and assuming the will is valid, then, yes, you have substantial rights, and you should hire a probate attorney right away to collect everything that she left to... Read more »

1 Answer | Asked in Estate Planning for Arkansas on
Q: Can the beneficiaries of a will move the deceased’s items to a storage facility until the small affidavit can be filed?

The home, in Poinsett County, is not in a safe area and the attorney that wrote the will already told us we need to remove anything valuable and put it in a safe place (people are already breaking in and stealing items). We would not be prematurely splitting assets - only moving them to a secure... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2021

You have already obtained sound legal advice.

1 Answer | Asked in Probate for Colorado on
Q: CRCP Rule 12. Petitions Must Indicate Persons Under Legal Disability Can this be used by a person with health issues?

My wife is the PR for an estate and health issues have prevented her from meeting requirements.

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2021

It sounds like your wife has a physical disability, not a legal disability. An example of a person under a legal disability would be a minor because minors cannot LEGALLY enter into contracts or receive inheritances in their own individual names.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: If a deed is worded with the owner's name and then ending with the words "Family Trust", what happens upon their death?
Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2021

The name of the trust does not shed any light on what the plan of distribution is at the trust creator’s death. The only way to answer that question is to review the trust instrument itself.

1 Answer | Asked in Estate Planning for Arkansas on
Q: What are the options for overriding a power of attorney?

Power of attorney is the principles sister. She has completely gone above and beyond morally. Principle had surgery to see how far colon cancer has spread, he verbally told his daughter (a roommate) that her aunt will keep them posted about his surgery. Surgery was on 1/12/2021 and from that time... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2021

You might have to go to court to have a guardian appointed for this individual. Guardianship will override (revoke) the power of attorney.

1 Answer | Asked in Probate for California on
Q: Once you hire a probate attorney do you have to give them the account number of an estate bank account?

Properties are being sold for the estate and the attorney wants the bank account number.

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2021

You should provide to the attorney not only the bank account number but copies of all bank statements and all checks written. You should also advise the attorney regarding all properties sold and the disposition of the proceeds.

1 Answer | Asked in Estate Planning and Real Estate Law on
Q: Hi, my father recently passed and his will wasn't written very well. A lady friend of his hired nwtrustee.com to divide

his estate between my sister and my two brothers and myself. I purchased my home 20 years ago but had to use my father to take the loan out in his name due to an ex of mine that pretty much ruined my credit. IThe original purchase price was 55K and the balance of the loan was 27K when he passed. I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2021

This is the unfortunate result of the documentation not matching reality. Had you hired an attorney when you bought the house, he or she would have helped you and your dad document the fact that you were meant to be the beneficial owner. There are other things you could have done as well, but now... Read more »

1 Answer | Asked in Probate and Nursing Home Abuse for California on
Q: Who do I contact if the probate trust attorney and the trustee will not answer or return my calls?

Also my mom was in a nursing home when she contracted covid-19. She died from complications of covid 11/14/20. They were under stay at home orders so no visitors were allowed. An employee brought covid into the nursing home. What are my options in sueing this nursing home.

Nina Whitehurst
Nina Whitehurst answered on Jan 13, 2021

The trustee and his or her attorney most likely are not returning your calls because they do not represent YOU. YOU need to hire a trust administration attorney to represent YOU. It could be that you simply don't know the right questions to ask and what information you are entitled to. A... Read more »

1 Answer | Asked in Real Estate Law and Probate for California on
Q: Grandma stole boyfriend's house her name appeared on the deed 4 years later. What to do do?

No will but everyone knew he wanted the house to go to his son. No will and no probate

Nina Whitehurst
Nina Whitehurst answered on Jan 13, 2021

There are too many missing facts to answer this question. Take a copy of the current deed to the house and the last two deeds before that and a copy of a death certificate for your boyfriend to an attorney that practices both probate and real estate litigation.

1 Answer | Asked in Contracts, Estate Planning and Antitrust for Florida on
Q: Moms trust states no heritance until I work 1 year, I get ssi I've tried to work, can't mentally disabled. What 2 do

It is a trust, my estranged sister is trustee. I have worked at 3 different places. This year. I can't hold job

Nina Whitehurst
Nina Whitehurst answered on Jan 13, 2021

This forum is for questions of a general nature. Your question "what to do" solicits advice regarding your particular situation. No attorney can give you advice about what to do without reviewing the trust and also asking a lot of questions about your particular circumstances. You need... Read more »

1 Answer | Asked in Estate Planning for Virginia on
Q: I withdrew money from the back of my friend who told me to do it if she died suddenly - the family wants the money back

She told me to withdraw the money if she died suddenly - her will was not complete - she gave me PIN number I did - she also told me to use credit card I did - family wants money back ? What do I do - I have a paper I wrote down and she initialed it before she died - she died suddenly without... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 13, 2021

This is a really sad situation. Your friend did not engage in proper estate planning and you could end up being the victim of that. Most likely you are going to have to return the money. In situations like this you need to be able to produce SOMETHING in writing, signed by the decedent, that... Read more »

1 Answer | Asked in Real Estate Law and Probate for South Dakota on
Q: Our Seller died 5 days before closing. No children, no will, only a brother and step brother. How can we Close?

We found out 3 days prior to closing that she passed that last Sunday. What are our next steps to being able to close on our new house? No children on her side and no husband either. Thank you

Nina Whitehurst
Nina Whitehurst answered on Jan 11, 2021

You will need to make a claim against the estate to complete the contract. If nobody opens a probate in a timely fashion, you can hire an attorney to open one yourself. You should talk to a probate attorney right away as this all takes some time and will, unfortunately, delay your closing, so the... Read more »

1 Answer | Asked in Probate for Virginia on
Q: Can a person go to jail for breach of fiduciary duty?
Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2021

It depends on how severe the beach is. If, for example, the breach amounts to theft or conversion then, yes, it is possible. Breach of fiduciary duty is first and foremost a civil offense, and there is typically no criminal liability for civil offenses, but there is some overlap between civil... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Oklahoma on
Q: I was just curious as to if a journal can be classified as a "holographic" will?

The deceased journal consists of the owners name and has dates. Then also the journal is about their everyday life and ideas.

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2021

It is not likely, but it is theoretically possible. Take the journal to a probate attorney to be reviewed.

2 Answers | Asked in Estate Planning for Florida on
Q: My home is paid off .the person I bought from will not sing off on deed or give me a quick claim deed is there anything
Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2021

You need to hire a real estate litigation attorney to file a quiet title action against the seller.

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1 Answer | Asked in Energy, Oil and Gas, Estate Planning, Land Use & Zoning and Real Estate Law for Louisiana on
Q: I’m Purchasing Real Estate and Seller wants to keep the mineral rights. How many years that they can keep them

What steps must the purchaser take to recover the Mineral Rights from the seller

Nina Whitehurst
Nina Whitehurst answered on Jan 9, 2021

Usually when a seller reserves mineral rights, they reserve them forever. You might think about negotiating a lower price because you will be getting less than you originally expected, or say no to the reservation of mineral rights, or say yes to only a partial reservation.

1 Answer | Asked in Probate for North Carolina on
Q: If you do not own any property or have any assets, or will, do you need to file in Probate court in North Carolina

Married, 3 adult children

Nina Whitehurst
Nina Whitehurst answered on Jan 8, 2021

I am assuming you are talking about a person who has died. The purpose of probate is to change the title of assets owned by a decedent. If the decedent had no assets then there is no need for probate.

4 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Hello, my question is about how I might be affected by Prop 19 in Southern California.

My parents have passed on this last August and my sister is now the trustor. If I were to buy her out and take ownership of the house prior to February 15, 2021 would I qualify for a reassessment exclusion? It would not be our primary residence.

Nina Whitehurst
Nina Whitehurst answered on Jan 8, 2021

There is no exclusion from reassessment for sibling-to-sibling transfers.

You should consult with an attorney to see if the trust would allow the house to be distributed to you alone and other things of equal value to be distributed to your sister alone.

Another more complicated...
Read more »

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: hi i need a small estate affidateded form or a probate letter
Nina Whitehurst
Nina Whitehurst answered on Jan 7, 2021

A probate attorney can help you with this. To find one near you, click on Find a Lawyer above.

2 Answers | Asked in Estate Planning and Admiralty / Maritime for North Carolina on
Q: Hello, I just turned in my 90 day inventory to my local NC clerk of court.

They advised I wait a few months to see if any debits or credits came in. I thought after 90 days I could wait a few weeks and do the final accounting. I did of course do the 90 day notice to creditors in legal but I didn't mail or hand deliver any notices. Thanks.

Nina Whitehurst
Nina Whitehurst answered on Jan 7, 2021

Do you have a question? If so, you should try posting again.

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