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Estate Planning Questions & Answers
0 Answers | Asked in Social Security, Estate Planning and Elder Law for Indiana on
Q: Can disability income be protected by a Trust2 keep a person from loosing HUD,Medicaid & In-Home healthCare ? In Indiana

Example: 65yrOld Senior awarded SSDI 6mos ago. Income may put me over the limit to keep my HUD, Medicaid & In-Home Health Care benefits? Can a Disability Senior Trust help me not to loose my benefits? My medical issues are intense and this could make me homeless & without medical care to... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: I'm looking for case law in Maryland that shows a Will take precedence over a beneficiary on a bank account?

If a person dies and names a beneficiary on a bank account that is different than what is in the Will, does the Will take precedence or do you have to take that person to court if they don't hand over those funds as it is laid out in the Will?

Mark Oakley
Mark Oakley
answered on Dec 8, 2022

The beneficiary designation on the bank account controls, regardless of what the will says. The will only controls assets in the estate. By definition, any asset such as a financial account that is governed by a contractual agreement between the decedent and the financial institution, that by its... Read more »

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2 Answers | Asked in Estate Planning for Florida on
Q: if im married can I change my will so when I die my husband doesn't get our marriage assets in state of Florida

everything we own is in both our names .

Carol Larmond Grant
Carol Larmond Grant
answered on Dec 8, 2022

If you are married in Florida your spouse is legally entitled to certain assets such as your Homestead and certain exempt property. Additionally, if you leave less than 30% of your estate to your spouse he can make an election against your estate. You should contact an estate planning attorney for... Read more »

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0 Answers | Asked in Estate Planning for Connecticut on
Q: I lived with my grandmother she just died how do I get her house for my two other brothers and how long before I have to

To leave old will left it to my dad but he died last year

2 Answers | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Texas on
Q: Wells Fargo Bank failed to give a clear home title and now I can't sell the house. What are my options?

Adverse Possession?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Dec 7, 2022

There are way too many missing facts for any attorney in this forum to be able to answer your question. You should gather up as much information as you do have and schedule a consultation with a real estate attorney in your area.

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0 Answers | Asked in Estate Planning and Probate for Minnesota on
Q: Is a deathbed marriage advantageous?

My daughter's boyfriend has terminal cancer. They are 23. They are considering getting married, partly to assure certain things are given to her when he passes away. I'm worried about her getting stuck with thousands of $$ of medical bills that his life insurance won't cover. What... Read more »

0 Answers | Asked in Estate Planning, Family Law and Probate for Hawaii on
Q: Is there anything I can do regarding a will that is false .

I was not informed that my stepdad was sick however the day our dad passed the youngest stepped in and produced a will and did not inform me that he passed learned from Facebook day before funeral. The will provided was dated on the day before he passed, my other brother was caring for him and... Read more »

2 Answers | Asked in Real Estate Law, Elder Law and Estate Planning for Florida on
Q: Can my mother execute a quitclaim deed to remove my father from the deed without a divorce?

She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 5, 2022

No. Only the person named on the title can remove themselves. Your mother needs to consult with a lawyer that practices elder law to see what her options are and if getting a guardian appointed is feasible.

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2 Answers | Asked in Estate Planning for California on
Q: Is Freewill a reputable service for a straight-forward will and trust? I only have one beneficiary.

No children or living parents. Sibling is beneficiary, niece if sibling dies before me. Only assets in the trust will be my share of a home and personal financial assets.

Julie King
Julie King
answered on Dec 5, 2022

You will get a form template document from any online company. If your situation needs trust language that doesn’t come as part of their standard forms, I don’t know how the online companies would handle that. Perhaps they charge an extra fee or perhaps you just don’t get the best language... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Is Freewill a reputable service for a straight-forward will and trust? I only have one beneficiary.

No children or living parents. Sibling is beneficiary, niece if sibling dies before me. Only assets in the trust will be my share of a home and personal financial assets.

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
answered on Dec 5, 2022

Nothing beats an attorney giving you personal service tailored to your needs, because mistakes are very expensive in this field. BUT, yes, FreeWill is reputable and honest.

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0 Answers | Asked in Estate Planning and Elder Law for Colorado on
Q: If my mother-in-law is not capable of making basic decisions, can my husband have her house placed in his name?

Does a Trust need to be created to to have the house transferred to his name? At one point she sold her house without any knowledge of what she did, but we were able to get it reversed given elder abuse from a realtor.

2 Answers | Asked in Estate Planning, Wrongful Death, Military Law and Personal Injury for California on
Q: Does a widow remain next of kin indefinitely even if they remarry?

My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?

Adam Stoddard
Adam Stoddard
answered on Dec 5, 2022

Typically in a wrongful death lawsuit, all heirs must join either as plaintiff's themselves or as a nominal defendant. You may also have to comply with the Federal Tort Claims Act. Given that he died over two years ago, you may also have a statute of limitations issue. You should consult an... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Can a beneficiary of property in a will legally sell their part of the property 4 years before trustor dies.
David Ostrove
David Ostrove
answered on Dec 4, 2022

Yes, you can sell. BUT

You own a mere expectancy, with probably no value.

You may sell,

But, nobody is going to buy.

Because if you are named in the will or trust and the maker of the will or trust is still alive, he can change the will or trust anytime he wants to....
Read more »

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0 Answers | Asked in Estate Planning for Alabama on
Q: My great grand father had a small piece of property in the state of Alabama. It was left in a trust for his daughter and

And youngest son. The son was mentally challenged. The trust let them live there as long as they could. Now my mother was the exector of several of the children when they passed. My grandmother was the last to pass away. There are five of the siblings that had children and as far as I know my... Read more »

0 Answers | Asked in Estate Planning for Pennsylvania on
Q: HELP - Dealing with a non responsive Estate lawyer.... Pennsylvania

I'm dealing with a estate lawyer that drew up a will and is now executor of the will for a family member. I'm the trustee in the will. She passed in 2020 and it was a simple will, only a car that had to be sold and a few bank/401 accounts. I've given her everything I could find... Read more »

0 Answers | Asked in Estate Planning and Family Law for Alabama on
Q: I HAVE A QUESTION REGARDING POWER OF ATTORNEY

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