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Questions Answered by Nina Whitehurst
1 Answer | Asked in Probate for Maine on
Q: can legally married but long separated sister-in-law and adult grandchild get inheritance from mom's estate ?

My mom's Will states house/property to be divided equally between myself and 2 siblings. One sibling has deceased. The will states if a child predeceases my mother (which he did) their part will be equally divided between remaining siblings. My deceased sibling was separated many years but still... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 30, 2019

If your mom’s will truly was written the way you described it, no, the wife has no chance of inheriting.

2 Answers | Asked in Probate and Estate Planning for Illinois on
Q: How can I get a copy of my parents Will in Madison County Illinois?

My youngest sister is the executor of my parents will. My oldest sister and I are named beneficiaries in the will. Our father is still living. My father and my youngest sister will not provide me with a copy of the will.

Nina Whitehurst
Nina Whitehurst answered on Nov 28, 2019

Wills are private documents. The testator can choose to share copies with whomever he wishes but has no obligation to do so. They do not become public information until the testator passes. Until then they can be amended and replaced as often as the testator wishes as long as he still has... Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: In a TN Probate my wife and her family got a home. 5 of 7 people voted to sell it to us. Does majority vote count?

Does everyone have to agree? They told us if one person votes no, then we can’t buy it until auction.

Nina Whitehurst
Nina Whitehurst answered on Nov 28, 2019

Unless they already have a co-tenancy agreement in place that allows for majority rule, no, majority rule does not work. All must agree to sell.

It is highly unlikely that they already have a co-tenancy agreement in place. If they did, it most likely would have been prepared by an...
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1 Answer | Asked in Estate Planning and Probate for Nebraska on
Q: i bought a new house . its all paid n free n clear.. my question is i havent made a change in my will yet .

my will has my previous property listed..

what happens if i die and havent listed this house in my will

Nina Whitehurst
Nina Whitehurst answered on Nov 26, 2019

The new house would pass according to the residuary clause in your will.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My son's motorcycle is in his dad's name. He has had ownership of it . Will we have to sell it to pay his dad debts
Nina Whitehurst
Nina Whitehurst answered on Nov 25, 2019

I know you think this is a simple question, but in reality it's not. The answer depends on a lot of things. It depends on what other assets are in the estate. It depends on the validity of claims made against the estate. It depends on whether those claims are still valid or have expired. It... Read more »

2 Answers | Asked in Probate for Hawaii on
Q: power of attorney was given to me by my nephew who has since passed away. Does his death mean the POA is invalid?
Nina Whitehurst
Nina Whitehurst answered on Nov 25, 2019

A power of attorney always ends when the principal dies.

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1 Answer | Asked in Probate and Tax Law for Connecticut on
Q: My husband discovered someone with similar name is on his taxes and his property is in probate. What should he do?

Can someone probate someone else's property ? The names are similar except the middle name. My husband is alive and well and is the owner of the property. How can this happen and what are the processes to remedy this huge problem ? Thank you.

Nina Whitehurst
Nina Whitehurst answered on Nov 23, 2019

Start by contacting the attorney handling he probate and point out the error. Start with a phone call and follow up with a letter. Have an attorney review the response to ensure it is sufficient and satisfactory.

1 Answer | Asked in Probate for Nevada on
Q: Husband died in May. Estate is in probate. I paid his car loan off and sold the car. Do I get my money invested back?

I am Administrator of his estate. Lawyer says car money will be split with husband's two children and myself. Do I get money back that I invested into his vehicle before splitting funds with kids?

Nina Whitehurst
Nina Whitehurst answered on Nov 23, 2019

You should discuss this with your probate attorney.

1 Answer | Asked in Probate for North Carolina on
Q: My boyfriend has died with no will his life insurance policies have his sons name what can I do to get the money
Nina Whitehurst
Nina Whitehurst answered on Nov 23, 2019

There is nothing you can do. The designated beneficiary gets the life insurance proceeds.

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 »

2 Answers | 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 »

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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 »

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