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Questions Answered by Nina Whitehurst
3 Answers | Asked in Estate Planning and Elder Law for Connecticut on
Q: Brother placing mother in AL facility beyond her means and plans to draw down limited assets.

My brother just received POA for my 82 year old mother. We have searched for an assisted living facility and found one that will cater to her needs and income (approx $3,000 per month). He unilaterally decided to place her in a more expensive facility ($4,300 per month) and draw down on her assets... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 22, 2020

He probably does have that authority under the POA but he would be well advised to consult an elder law attorney regarding options for paying for your mother's care. Medicare should be paying for her medical bills, most likely, and there are legal ways to accelerate eligibility for Medicaid to... Read more »

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1 Answer | Asked in Estate Planning for South Carolina on
Q: I've a 56 yrs old sibling who stays in the house with my Mom.Our Mom indicated in her Will all assets from the sale of

the home are to be divided equally among her children which is fine. The sibling that stays with her is very irresponsible, never helped her pay the mortgage and we know he will not be able to maintain the house by himself if she dies. He has a girlfriend; the family does not approve and know she... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 22, 2020

In her will you mother can require that the house be sold and the proceeds split rather than leave the house to her children in equal shares. She can also name one child as the executor who, after being appointed by the court, will have sole responsibility to manage and effectuate the sale.

2 Answers | Asked in Estate Planning for Oregon on
Q: My father disinherited me on his will, he was a bad alcoholic, can I contest the will based on his irrationality?

His mind was affected after 40 years of abusing alcohol. My step brother inherited everything, when his mother died of cancer years ago I promised her that I would split everything with her son “my step brother,” who btw had a very off and on relationship with my dad. I believe my step... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 22, 2020

If your father did not have sufficient mental capacity to make a will when he created the one that disinherited you, or if he had been subjected to undue influence at that time, and if you can prove those things, then you might be able to have the will set aside. If that will is set aside, then... Read more »

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1 Answer | Asked in Probate for Minnesota on
Q: I’m 23 who lost both of her parents. Due to my age my aunt took over the estate- and I believe she is hiding/taking $.

I just got the probate and distribution paperwork and there are many discrepensies of money that was paid out during probate. Ever since she took over my moms estate she’s been vacationing getting her sons new cars and herself a new car. I just have gone through enough I don’t want this to be... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 20, 2020

Hire an attorney without delay to look into this for you. It is possible you have already lost your rights due to expiration of the statute of limitations but if you have any time left it’s not much. Don’t post any more questions seeking free legal advice. No attorney in this or any other... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: fiancé passed away, we lived together but the house is in my name is any of his belongings inside my home up for probate
Nina Whitehurst
Nina Whitehurst answered on Jun 20, 2020

Anything your fiancé owned wherever located is part of his probate estate. Some assets bypass the probate estate such as assets held in joint tenancy with another person with right of survivorship and assets with designated death beneficiaries. It would not have been possible for him to designate... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: I was living with my boyfriend for 9 years in his home when he passed in Feb, 2020. He paid the mortgage.

His surviving spouse is giving me 30-day notice (in which I know she can do) but can she label me as tenant and state that I owe rent when there was never a lease between him nor her? She also did not allow me to remove something given to me by my dad. Can she withhold my property stating it is... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 18, 2020

The surviving spouse has no right to anything that is yours.

2 Answers | Asked in Estate Planning for Florida on
Q: If my husbands name is on the deed but not the mortgage and I die will he be able to take over the mortgage payments
Nina Whitehurst
Nina Whitehurst answered on Jun 18, 2020

Assuming he will inherit the house from you he would be considered a successor in interest. He would provide a death certificate to the lender and whatever other documentation as is appropriate to document his inheritance (this defends on your estate plan) and the lender would be obligated to... Read more »

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2 Answers | Asked in Probate for Ohio on
Q: My mother passed away last september, she had no will, and my step father is holding any information from us

He refuses to allow me and my sisters to the home mymother owned (it's only in her name) how long does probate take? We asked the attorney that was supposed handling the case and he refused to give us information, is there anything we can do since they seem to be working against us?

Nina Whitehurst
Nina Whitehurst answered on Jun 16, 2020

You should hire a probate attorney to represent your interest in the probate.

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: In which California county do I file the Affidavit of Death of Trustee?

My dad's living trust was created in San Mateo county, and one piece of real estate in the trust is in San Francisco county. My dad passed away and I am the trustee and I live in Sacramento county.

Nina Whitehurst
Nina Whitehurst answered on Jun 15, 2020

You should record an Affidavit of Death in every county in which the decedent owned real property.

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1 Answer | Asked in Estate Planning for New Hampshire on
Q: Can descendent leave a sum of money to an heir, and stipulate that the heir must pay another heir out of those proceeds?

For example, the decedent leaves $300,000 to Child A and in the will instructs Child A to pay $100,000 to Child B. Can that be done? I'm wondering if there might be tax implications because is Child B's money and inheritance or a gift, at that point?

I'm also confused as... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 15, 2020

It is a poor drafting technique, but it can be done as long as the will is clear on that. The amount paid from A to B, if that is what the will clearly instructs, would be considered B's inheritance directly from the decedent, and not a gift from A to B. In such a situation, A would be... Read more »

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: Can an executor establish a trust that isn’t specified in the will
Nina Whitehurst
Nina Whitehurst answered on Jun 15, 2020

It depends on the terms of the will. Some allow this and some don’t. If the will was prepared by an attorney, it might.

2 Answers | Asked in Estate Planning for California on
Q: Once I pay my mothers estate back the money I owe, is that considered estate property? Would I inherit my share of it?

Mom passed leaving everything (in a trust and with a will) to her 4 daughters. Daughters have distributed a "fair share" of the inheritance money that was in the trust bank account already. I (daughter) personally, owe the estate some money. I will pay back the money owed to the estate... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 13, 2020

Yes. Your share is calculated by adding what you owe to the total value of the estate then dividing by 4. What you actually should receive is your share less what you owe. If you actually pay your debt to to the estate, then you should receive your full share without deducting what you owed... Read more »

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3 Answers | Asked in Estate Planning for California on
Q: What happens when some of the executors of a will/trust do not distribute money in accordance to the will/trust?

What happens if executors do not follow the wishes of the deceased that was clearly laid out in the will / trust? Meaning some folks got less when the will / trust clearly stated all to be divided equally.

Help me please

Thank you

Nina Whitehurst
Nina Whitehurst answered on Jun 13, 2020

IF it’s not too late, you should hire trust or will litigation attorney to help you. There are remedies for this sort of thing but if you wait too long you lose your right to contest these actions. Do not delay.

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Hello, My wife and I are in our early 60's and have been married 38 years.

We are estranged from our 34 year old son.

The last contact I had with my son was in February 2020, as my father-in-laws time drew near, we called our son to make him aware of his grandfathers health & to give him the opportunity to say goodbye to him. This was met with no response.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 13, 2020

I agree with my colleagues and would add that you need to ACTUALLY disinherit your son, not just talk about it. Schedule an appointment now with an experienced estate planning attorney.

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3 Answers | Asked in Estate Planning for Illinois on
Q: My dad passed (no spouse) and in his will left everything to my sister and myself.

Six weeks after his death my sister passes. She had a husband but no children. I am the executor and wondering if I have to pay out half my father's estate to her husband. Nothing has been distributed yet and they were talking about a divorce so it feels wrong to pay half of my dad's... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 11, 2020

It does depend on how the will was worded. You should have it reviewed by a probate attorney.

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1 Answer | Asked in Probate for Ohio on
Q: My Grandpa left his house to me in his will, there's no executor can I lose the property?

Can the appointed executor change his will or take the house from me?

Nina Whitehurst
Nina Whitehurst answered on Jun 9, 2020

No, an executor may not change the will. However, the executor sometimes has to sell assets to pay the decedent's debts. You should hire a probate attorney to represent your interest in the matter.

2 Answers | Asked in Estate Planning for Florida on
Q: What are my options for my adult son who refues to talk to me about my house that he lives in in a different state?

I left ny in Feb 2016 was threatened if I went back to retrieve my personal belongings. My adult son still lives in the home and refuses to talk to me since I left. His dad passed away last saterday. Everything is in my name. What are my legal rights and options?

Nina Whitehurst
Nina Whitehurst answered on Jun 9, 2020

You can hire an attorney to help you evict your son.

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2 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for California on
Q: grandfather passed will states house goes to sister mother has POA and hasn’t transferred name over what can sister do ?

He passed about a year ago and the will is very clear our mom is complaining of legal issues but hasn’t specified what’s holding up the transfer over to my sister what can we do?

Nina Whitehurst
Nina Whitehurst answered on Jun 9, 2020

Powers of attorney automatically expire at the death of the principal, so your mother cannot use that method to transfer title to the house to your sister according to your grandfather's will. Wills are administered according to a process called probate. Most of the time this requires a... Read more »

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3 Answers | Asked in Estate Planning and Probate for California on
Q: My father passed away. No family member has shared the will to me. And they have filed paperwork. What can I do?

3 older sisters involved . I’m the youngest. And then there is the younger ,greedy widow.

Nina Whitehurst
Nina Whitehurst answered on Jun 7, 2020

If someone has opened a probate you can get a copy of the will from the court. It is public record. If not, you can open probate yourself and that will smoke out the will. You should hire a probate attorney to help you.

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2 Answers | Asked in Estate Planning for New York on
Q: I am the granter of a irrevocable trust set up as the beneficiary for a life insurance policy on myself. I want to

make a partial surrender of the policy to get money to pay my personal taxes. The trustees have agreed to this partial surrender . The insurance company has determined that the surrender is not a taxable event. What problems can I face legal or tax wise if i take the funds to pay my personal taxes.

Nina Whitehurst
Nina Whitehurst answered on Jun 5, 2020

There are many potential issues, not the least of which is your use of the assets in this trust as your personal piggy bank could cause the whole purpose of the trust to be derailed. There is a right way to do this and a wrong way. You should consult with the attorney who help you set this up.... Read more »

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