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Questions Answered by Nina Whitehurst
1 Answer | Asked in Civil Litigation and Probate on
Q: tennessee law As my aunts closest living relative do I have any rights even though I am not executor of her will

She had a earlier will which named me executor. She is now in hospice and I was just informed by a friend of hers who looked after her that she changed the will and now he is executor. Do I have any rights?

Nina Whitehurst
Nina Whitehurst answered on Oct 10, 2019

The executor of a will is just the person tasked with administering it in probate court. Being executor doesn’t make one a beneficiary of the estate other than the right to collect executor fed for the work. Whether you inherit or not depends on whether you are named as a beneficiary and whether... Read more »

1 Answer | Asked in Estate Planning for California on
Q: I am a legal heir grandchild (a contingent class named beneficiary) to an original AB trust of my grandmother (1997).

The contingency occurred.I recently discovered us grandchildren were disinherited via a 2005 restated AB trust under suspicious circumstances:My grandmother's daughters, my aunts, worked with my grandmother's lawyer in filing a Petition to Terminate the Bypass Part B trust of the 2005 AB trust. Us... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 10, 2019

It sounds like you did not object when you were notified of the petition and the petition was approved by the court. There is nothing you can do now.

2 Answers | Asked in Estate Planning and Probate for Massachusetts on
Q: Is the executor required to notify beneficiaries of what is happening with the estate?

My father passed away 3/2018, and the executor of my dad's estate is my estranged sister. So far, instead of contacting her, I have called the law office for the case to get updates. But for several months now, it appears that my sister has instructed them to not even answer the phone when I call.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 9, 2019

Hire a local probate attorney to look at the file for you and bring you up to date. The attorney can also file for you a request to receive notice of proceedings.

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2 Answers | Asked in Estate Planning for Tennessee on
Q: What will happen to my Uncle's estate?

My great uncle has unfortunately passed away recently. He has a living will that's kept in a lockbox under a bed. (At the nursing home he and his wife lived in.) His wife will not turn over the will to anyone. All that manners to us is his last wishes are carried out. His estate in total could be... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 8, 2019

One of you needs to hire an attorney in Tennessee to open a probate case if his wife is dragging her feet. The court can order his wife to turn over the will.

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1 Answer | Asked in Estate Planning on
Q: I am conservator for my son. In his estate we have invested in bonds. Can we convert that bond investmnt to a 529 Plan
Nina Whitehurst
Nina Whitehurst answered on Oct 8, 2019

Yes and no. You can’t do a direct conversion but you could cash or sell the bonds and then invest the proceeds into a 529 account. That might or might not make sense depending on the current cash value of the bonds. And, as with so many things, there is a right way and lots of wrong ways to do... Read more »

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Tax Law for California on
Q: How do I find out about a property that's been transferred to my mom's name?

I just found out that my grandmother had dementia and can't remember much. I recently learned that my grandma had put her house in my mom's name. Her son Ronnie (my sperm donor), his girlfriend and my uncle Tim are all living under her roof and haven't taken her to a hospital in fear of losing... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 8, 2019

You can go to the local county recorder's office and look up the deed and obtain a copy by paying a copy fee per page. If you are unable to do that, you can hire almost any real estate paralegal or attorney to obtain a copy for you. Some real estate agents have the ability to do this as well.... Read more »

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3 Answers | Asked in Probate for Utah on
Q: Hello, my father recently passed away and he didn't have no will and I'm his only child. He has a estate and vehicles

My family has came to my fathers home and stole guns,harley's, ATV, gold coin collection and etc. What can I do? Help me Please... Monica

Nina Whitehurst
Nina Whitehurst answered on Oct 7, 2019

Hire a probate attorney to help you probate your father's estate. As executor you will then be able to take action against everyone who has stolen property from your father's estate, with the power of the court to back you up.

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2 Answers | Asked in Estate Planning for California on
Q: In El Dorado County, Ca in June of 1982 a trust agreement was entered into by and between Leon Torsten Beers and Linda A

Annette Beers, husband and wife as Trustors and LTB and/or LAB husband and wife as Trustees. After the death of Linda can Leon revoke this trust and eliminate the beneficiaries in the new trust he made in 1992 if the 1982 trust under Power to ammend and revoke states: During the lifetime of... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 6, 2019

Your question cannot be answered without reviewing the entire trust agreement. It is possible that some portions are revocable and some are not.

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1 Answer | Asked in Estate Planning, Family Law and Elder Law for California on
Q: Question as to my liability as named as successor trustee and named in springing durable power of attorney in 2008

In 2008, I was named in my parent’s estate planning docs mentioned above. In 2018, my parents had already had my sister caring for them. After a couple of years, she brought in other parties, all meth addicts, like her, to help her.My parent’s savings was depleted. APS was brought in and... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

No. You have no liability for events prior to you taking over.

2 Answers | Asked in Estate Planning for Texas on
Q: I want to set up a trust for my Grandson and make my Sister the administrator for his well being and not my Son.
Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

An estate planning attorney can help you accomplish that.

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2 Answers | Asked in Estate Planning and Child Support for California on
Q: Brother and I are coexecutors of trust. He owes $250,000 to creditors, how do I protect my half of inheritance ?

Trust consist of two homes. Total mortgage owed on both homes is $180,000. We live in San Francisco Bay Area, San Carlos. I know California tax laws are INSANE! I don’t want to make a wrong decision that could have lasting effects on me financially.

Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

Depending on how the will is worded and if the math works out it might be possible to distribute one house to you and the other to your brother. That way your brother’s creditors won’t be able to reach your inheritance.

Schedule a consultation with a probate attorney to review your options.

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1 Answer | Asked in Estate Planning for New Mexico on
Q: After locating the determined attorney for a living trust, he refused to help. What do i need to do?trust is in limbo.
Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

Find a different attorney. Your facts are unclear but that attorney might not be talking to you because he represents the trustee, not you. You need your own attorney.

1 Answer | Asked in Elder Law, Nursing Home Abuse, Estate Planning and Probate for California on
Q: How do I present an effective ex-parte order so the judge will realize the abused and let me stay with her at nigh shif

My grandmas conservator is abusing her I have been watching her recklessly spend 200,000 plus dollars but mostly they have almost killed her. She over the past year has fallen many times . She has broken many bones. The latest fall fractured her hip in many places and broke her arm in half. I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

Contact your local Adult Protective Services office and also hire a different attorney.

2 Answers | Asked in Estate Planning for Tennessee on
Q: I have lost my original will. I have a copy. Should I have it notarized or rewitnessed. It was written over 20 years

it is a simple will leaving everything to my 2 daughters to split as they want. Just a house, car and personal belongings. Retirements funds in Vanguard are covered under beneficiaries at their firm. No debt or husband or other children.

Nina Whitehurst
Nina Whitehurst answered on Oct 4, 2019

Estate plans should be reviewed every few years anyway. You should invest in a consultation with an estate planning attorney. There is more to a complete estate plan than just a simple will. A proper estate plan handles more issues than just distribution of the estate at death. You should also... Read more »

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2 Answers | Asked in Estate Planning for Florida on
Q: is a MI REVOCABLE TRUST LEGAL IN FL
Nina Whitehurst
Nina Whitehurst answered on Oct 4, 2019

Florida has requirements that are different than just about every other state. If you are moving to Florida or own Florida property you should consult with a Florida attorney about updates that might be needed.

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2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: My mother passed away June 2016 leaving her estate to her spouse. Now her spouse passed this April 2019.

The next week I went to probate court and obtained a copy of my mother’s will. I also learned that the probate case pertaining to my own mothers will was still active meaning never closed. My mother’s spouse who received her estate remarried a year and a half after my mother passed. So this new... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 4, 2019

There is too much missing information in your recitation of the facts to provide an answer in this forum. You should schedule a consultation with a local probate attorney to help you. Rarely is probate a do-it-yourself project.

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1 Answer | Asked in Probate for New Jersey on
Q: How can I claim proceeds of a life insurance policy when a beneficiary is deceased?

My aunt had passed away in NJ in 2014 leaving a life insurance policy of $17,000 with 2 beneficiaries. The beneficiaries are her two siblings, one being my father who had passed away in 2015. My surviving aunt, also a beneficiary (executor of my deceased aunt's estate) has already claimed her... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 4, 2019

If the small estate affidavit is done correctly, the check should end up being made payable to your father's heir(s). If you are his only heir, then it should be made payable to you. You should hire a local probate attorney to help you with you. It is a fairly simple matter and should not be... Read more »

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: My dad just passed away in PR. He only lived there 16 months, I am one of 3 of his children. What steps are needed now?

My dad inherited property which is being lived in by a family member. My dad also received an inheritance when his mother passed away. Since he lived most of his life in NJ, must I go through probate process in both NJ and PR? He did not have a will and death was sudden and unexpected.

Nina Whitehurst
Nina Whitehurst answered on Oct 4, 2019

You need to hire a probate attorney in PR for certain, because the main probate occurs where the decedent resided when he died. You will also need to open an ancillary probate in every other state in which the decedent owned property, using local probate attorneys.

This is just one of many...
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3 Answers | Asked in Estate Planning, Contracts and Probate for California on
Q: Do beneficiaries of a trust have a right to access of the same info as the Trustee/Executor?

My estranged father passed away and left a will & trust stating to divide his estate up equally between his 5 children. None of his children had contact with him for over 15 years. He had a large sum of money piled up in various investments that no one knew about. The Trustee, who is also a... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 3, 2019

As a beneficiary of the trust, you are definitely entitled to a copy of the trust and to regular accountings from the trustee. If that is not happening, hire an attorney to send a stern demand letter to the trustee. If the trustee does not straighten up within a reasonable time after demand is... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Oregon on
Q: Mom's house was sold 5 months agowe been waiting for some news from executor of the will my brother we have not heard
Nina Whitehurst
Nina Whitehurst answered on Oct 3, 2019

The court file is public information. You can look at it any time you wish and even make copies (though most courts charge a fee for copies). If you need help interpreting what you are seeing in the file, or if you are concerned that the executor is not performing his or her duties properly, do... Read more »

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