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Estate Planning Questions & Answers
0 Answers | Asked in Arbitration / Mediation Law and Estate Planning for Wisconsin on
Q: Our family cabin has 6 owners listed as tenants in common. One of the owners changed the locks and will not give keys.

What legal right do they have to do this and what are the other owners rights for seeking entry into their own property?

1 Answer | Asked in Estate Planning for Tennessee on
Q: I recently moved to TN from GA, do I have to update Will, POA, Health Care Directive, Living Will?
Nina Whitehurst
Nina Whitehurst answered on Sep 22, 2021

There no law that requires you to update any of your estate planning documents when you move from one state to another, but it is always a good idea to at least have them reviewed by an estate planning attorney in the state to which you have moved.

3 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for New York on
Q: My mother (90) owns her home in Huntington. She would like to add her 2 daughters to the title. What is the process?

Can we do this by completing a form or do we need to get a lawyer? Can we file electronically? I live in Maryland, but her house is in New York. Thank you.

Elaine Shay
Elaine Shay answered on Sep 22, 2021

In order to add additional parties to title, a new deed must be executed. Unfortunately, technology advances, such as esignatures have moved forward faster than our legal system has adapted. Therefore, it is necessary to executed wet ink copies of the deed and accompanying transfer documents that... Read more »

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0 Answers | Asked in Estate Planning for Georgia on
Q: An executor states they will deduct money from my husband inheritance they claims he owed to the deceased. Can they?

My husband died in March 2020 his inheritance is from his mom she died in June 2019. I'm my husband sole beneficiary. I have already probate his will. She didn't file any claim of "loan" to my husband's estate. So can she now say he has an outstanding loan to his mother

1 Answer | Asked in Estate Planning for New York on
Q: How do I know if a lawyer is mishandling an estate case? Person passed away in 2015, still not settled.

My great Aunt passed away July 2015. The first issue was that her lawyer lived in CT, while she lived in NYC (Stuyvesant Town). So per NY law, the CT lawyer arranged for a NY lawyer to handle the estate. However, before they could go over all the details, the CT lawyer passed away suddenly in Dec... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 21, 2021

Yes. This is a long time. You should bring a proceeding for an accounting and to compel distribution.

0 Answers | Asked in Estate Planning, Real Estate Law and Probate for Colorado on
Q: father passed away my aunt is selling everything including home leaving his 3 kids homeless he had no will what can i do

aunt was co signer on mobile home but has taken everything vehicles bank cards tvs leaving his 3 kids with nothing all 3 kids are adults but aunt says she has the right to everything first.need advice quick before sale of mobile home

0 Answers | Asked in Estate Planning, Family Law, Elder Law and Intellectual Property on
Q: My husband and I married 17 years, I plan on leaving, can I take the car which is in his name? The house I do not want,

His children are jumping the through hoops to get me out. Daughter ask me what is his Medicare other insurance, social number if he has a will, is there mortgage. All very personal questions, my name is not on any of these personal things! She asked me when iam leaving? I told her you may have... Read more »

0 Answers | Asked in Estate Planning for New Jersey on
Q: Net income unitrust states beneficiaries receive actual income on asset annually We are beneficiaries of NIU from BOA.

They pay us based on which investments pay distributions. Only. As asset and income on asset have grown, our distributions have shrunk. Is it possible to have an audit or examination on the trust? Is this something we should have done yearly? 20 yr trust ends Oct 25th. In the past yr a million... Read more »

0 Answers | Asked in Estate Planning, Family Law and Civil Litigation for New York on
Q: Can my father insert his charities into my will as a condition of getting an early inheritance gift? Can't I change it?

My father is a horrible little person and has stipulated that I cannot draw any early inheritance gifts from the revocable trust my parents hold but in which assets are in my name and to which I am a beneficiary. He refuses to give the max $60K/yr gift to my partner and myself as allowed by the law... Read more »

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Communications Law for Virginia on
Q: Can my father's living siblings & children successfully fight for the right to properly bury my father who has no will.

My father is born and raised in Danville, VA. He remarried to make his oldest daughter a legal citizen which wasn't completed. His baby mother has refused to allow us to have his body for our funeral & burial. They expect our entire family to drive 8 hours to visit my father, plus they are... Read more »

Benjamin Inman
Benjamin Inman answered on Sep 21, 2021

Im sorry that you lost your father. Losing a parent at any age can be extremely difficult.

I dont think there is enough information in your question to give you an answer. My best guess from reading between the lines here is that your father died outside of Virginia in a state where he was...
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0 Answers | Asked in Estate Planning for New York on
Q: My aunt needs a death certificate because she is beneficiary. He died in PR but his children refuse to give it to her.

HIs children were estranged but now they inherit the house because of the laws in PR and my uncle did not leave a will, that we know of. How can she get a death certificate so she can access the bank accounts?

1 Answer | Asked in Estate Planning and Tax Law for Texas on
Q: What type of lawyer handles house assets after Mother dies amongst siblings

My Mother died her home was owned by her & 1 sibling. Does my Mother part that she holds into the home goes to her living children?

She does not have a living will

Isaac Shutt
Isaac Shutt answered on Sep 21, 2021

Yes. If she has no spouse and no will, then everything goes to her descendants. That would include her living children and also the children of any deceased child.

1 Answer | Asked in Estate Planning for Florida on
Q: My father passed and left no will, and a surprise to us half sibling

My half sister (both adults) and I are the beneficiaries on many accounts, but there are several that had none. He also had a home that I lived (and still live in) with a mortgage. I have been paying for the upkeep of the home since he passed. We found out that we have a minor half brother after he... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Sep 21, 2021

If the terms of the court order required that Proof of an insurance policy is required to be produced by your father, and was not produced, then the Estate may argue that the mother of your minor half brother waived her rights because of her failure to act and her continued failure to act to bring... Read more »

3 Answers | Asked in Estate Planning for California on
Q: I created a trust and put my assets in it (mutual funds) when I went to prison.

I'm out. And I would like to close or end or dissolve the trust, basically my buddy does not want to manage the trust now that I am out. What steps do I need to take. The trust was formed in CA.

James Edward Berge
James Edward Berge answered on Sep 20, 2021

If you want to terminate (revoke) the trust, just sign a simple letter to the trustee which says you hereby revoke the trust and to return all trust property to your management and control. If you want to keep the trust and simply change the trustee of the trust (from your buddy to you), again, a... Read more »

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0 Answers | Asked in Estate Planning for Massachusetts on
Q: The trustee is refusing to give us an accounting of assets. Do I have to file a petition in the same state as the trust.

The trust was written in New Hampshire, part of the estate is in Virginia, the trustee is in California and I live in Massachusetts.

2 Answers | Asked in Estate Planning for California on
Q: Can I allocate my trust benefits to another sibling?

I want to give my benefits to another sibling without receiving distribution. Can I sign it over by filling out an alternate payee or similar form with estate attorney?

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2021

The easiest way for you to accomplish your goal would be to just accept distributions and then gift like amounts to your sibling. Be sure to talk with your tax advisor first about the gift tax consequences and talk to your attorney about the Medicaid penalty consequences.

Even if you were...
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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My mother passed away my younger sister is executor. Dod she have the right to take mom's car? Divide everything.

My baby brother needs a vehicle. He asked my sister about moms car. And she said $1000. Is this correct.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 19, 2021

Your sister must follow the will. If there is no Will, then the court will have to appoint an Administrator to handle the estate. The court will appoint whomever the majority of heirs selects to be administrator.

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0 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My mother died 2 years ago.the will has not been probated. And my sister is using it as storage.

My baby brother and were there. That is our address. We were incarcerated for a couple months. Do we have any rights to stay there until it is probated?

0 Answers | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: My mother passed away two years ago. My baby brother and I were living there at the time. We still get our mail there. H

The will still hasn't been probated and I want to know if me and my brother have a right to live there.

My sister is using it as storage. She told me and my brother that we have no right to stay there. Both of us are homeless at the moment because they wanted Us app

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