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0 Answers | Asked in Estate Planning for Louisiana on
Q: We are looking to put mom in either a nursing home or assisted living home. She owns a home she doesn't live in.

We've heard different things about them taking the home to pay the difference. I know nursing home will take your assets to pay for your stay. How does assisted living work if you have assets ? Do they take all your money or what. We just don't know about her asset. Can we keep the house... Read more »

0 Answers | Asked in Estate Planning and Family Law for New Jersey on
Q: Question about family estate.

When I was 13 or so, my grandmother passed away. For perspective, I am 21 now. She left the family with an estate worth X amount. Seeing as though I was only 13, I was never contacted about anything regarding the estate and never knew anything about it. That being said, the estate took many years... Read more »

0 Answers | Asked in Estate Planning for Connecticut on
Q: MY MOM IS DUE TO GET A LARGE INHERITANCE CHECK. IF SHE PASSES AWAY BEFORE SHE RECEIVES IT DOES IT GO TO SISTER OR ME

HER AND HER SISTERS WILL GET THE SAME AMOUNT. I AM HER ONLY CHILD. WE LIVE IN CT

0 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: I need a real estate attorney for someone that's mentally ill.

The mentally ill person is my friends cousin and he used to own 3 properties, well the estate has been taken from him and we dont know why. Now they are coming after the condo where his cousin stays at.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: In a will…does “life estate in a property at XYZ address” mean the house, the land, or both?
Joseph Jaap
Joseph Jaap
answered on Jul 2, 2022

It typically would be interpreted to mean all of that, as described in the decedent's deed of record. But it could be subject to challenge in probate court depending on all the circumstances and other factors that could make it ambiguous. Use the Find a Lawyer tab to retain a local probate... Read more »

3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for New York on
Q: My mother passed away and had 4 children. What's the easiest process to get her house sold and have proceeds split?

The house is in her name, her live-in boyfriend has a few bills in his name but not on the house.

She did NOT have a will.

The house is in semi-okay condition. It needs a lot of work. I would like to know how/when I should get the process started for putting her house on the market... Read more »

Jack Mevorach
Jack Mevorach
answered on Jul 2, 2022

A proceeding must be filed in Surrogate's Court to have an Administrator appointed as fiduciary of the estate. The Administrator can have the house sold and divide the proceeds.

Regarding the sale of the house, Have a free telephone consultation with counsel.

Jack

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0 Answers | Asked in Estate Planning for Kansas on
Q: i live in ks and my mom died 5days ago without a will my sister already took her brand new car and now is taking

2 storages. what paperwork can i file that says i get half? she cant take everything! she has the keys cuz my mom lived there for 4 months

0 Answers | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: Do I legally have to sign the Acknowledgment of service probate instances as an heir to my uncle's will in Georgia

I live in Idaho now will in Georgia 12 heirs is all their is now because my uncle's only 2 son's are dead they had no kids and my cousin is the executer of the will and it's all family as the heirs. Will made in 2009 my uncle passed 2022 of covid. It is initialed that no other... Read more »

0 Answers | Asked in Estate Planning for North Carolina on
Q: My question is.My brother in law passed away.no wife or children..it's goes to his sister's ,he has 3. 1 passed away

A year ago.myself being her spouse do I get her part of the estate?

0 Answers | Asked in Estate Planning for Florida on
Q: What other steps can I take to get a remaining underpayment balance due on deceased brother record released?

The Mid Atlantic Social Security Center has not responded or released remaining monies due. And proof has been provided

0 Answers | Asked in Estate Planning for Florida on
Q: What other steps can I take to get a remaining underpayment balance due on deceased brother record released?

The Mid Atlantic Social Security Center has not responded or released remaining monies due. And proof has been provided

1 Answer | Asked in Estate Planning for Ohio on
Q: My mother passed away 10 years ago with no estate. Is it too late to be appointed representative to get her tax records?

She passed away with no estate or will and no one was ever appointed personal representative. I recently found out her employer owed her alot of money and I would like to look into it. What can i do? I would like to get her IRS transcripts before it's too late. They will only have her records... Read more »

Aaron Epling
Aaron Epling
answered on Jun 30, 2022

In Ohio, an administrator or executor could still be appointed and may have the authority to obtain records. Whether the IRS still has them is another issue. Also, the cost may outweigh any benefit. Even if you're digging for evidence to mount a lawsuit against an estate beneficiary, many... Read more »

2 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Michigan on
Q: What happens to a revocable land trust when is terminates/expires?

I am a co-trustee on a revocable land trust originally designed to generate cash for our children's education. Neither child needed it for that purpose. Our divorce agreement states it will terminate upon our youngest turning 30. It does not specify what happens at termination. I am not aware... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 30, 2022

We would need to see the trust agreement to determine whether the property reverts to the grantor(s), or whether title vests in the beneficiaries. If the trust is still revocable (because the grantor(s) are alive, the grantors could revoke the trust and own the property as they choose. There is... Read more »

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1 Answer | Asked in Estate Planning and Tax Law for New York on
Q: What say does a beneficiary (me) have concerning how cash assets are distributed? Executor chose, not the deceased.

We are in NY State. Brother (executor) wants to distribute over 4 years (tax reasons): I prefer lump sum or 2 years. Can the cash be distributed in different ways to different beneficiaries? If not, does this require a legal intervention?

David Ostrove
David Ostrove
answered on Jun 30, 2022

The trust language controls. The Trustee must administer the trust strictly in accordance with the Settlor's intentions.

0 Answers | Asked in Estate Planning and Probate for Indiana on
Q: Are estate lawyers in Indiana allowed to charge legal services based on a % of estate assets when providing services?

I am unable to find a statute stating this in Indiana Code 29-1, but wanted to see if it is a law or another statute in Indiana.

1 Answer | Asked in Estate Planning for Louisiana on
Q: I live in Louisiana, my mother has passed away. I have 1 sister and a 1/2 sister. can my dad leave my 1/2 sister out

my father has me and my sister's benefices for all of his accounts

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 30, 2022

More information is needed, however unless your 1/2 is a forced heir, then he could leave your 1/2 sister out of the will. Please contact a successions attorney in your area to specifically discuss your case.

0 Answers | Asked in Estate Planning for California on
Q: I signed a waiver of bond on my mothers estate. I signed the form after being told it was for something else and then my

sister stole everything from the estate. Is there any legal recourse I can take against her?

0 Answers | Asked in Estate Planning for Florida on
Q: I'm creating a Family Revocable Living Trust.

I'm creating a Family Revocable Living Trust, which will involve Co - Trustees in the Living Trust. However, are we both "required" to sign the new deed as Trustees? Or would it be sufficient for only one Trustee to sign as Trustee? Currently the property is under only one person's name.

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