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Estate Planning Questions & Answers
0 Answers | Asked in Consumer Law, Estate Planning and Family Law for Florida on
Q: i added my son to my home deed about 10 years ago

i would like to remove him ...can it be done?

1 Answer | Asked in Estate Planning and Family Law for California on
Q: If I am listed on a living trust do I have a right to ask to see that trust. This trust was created in AZ

My aunt had a living trust. She passed. My dad is the only one who has access to this trust. I was told my sister and I are listed in it but he wont allow us to see it.

James L. Arrasmith
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answered on Nov 21, 2024

If you are named as a beneficiary in a trust, you have a legal right to see the portions of the trust document that pertain to you, regardless of whether it was created in Arizona or California. This right is protected under both states' laws.

Your father, if acting as the trustee, has...
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0 Answers | Asked in Estate Planning and Real Estate Law for Indiana on
Q: Is it good to put your primary residence into a land trust once its fully paid off?

House won't be sold.

Just looking into asset protection strategies.

2 Answers | Asked in Estate Planning for California on
Q: Are a 401K plan fund & Life insurance proceeds (both with declared beneficiaries) taxable while computing estate tax ?

$ 3.5 million 401K + $ 400 K LI with a $ 3 Million house (all of which may go up to 10-11 million in 6-10 years) -> if the exemption is repealed in 2026.

Nina Whitehurst
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answered on Nov 21, 2024

Assuming this is a single person, you are close to having a taxable estate whether or not the doubling of the exemption is allowed to expire in 2026. You should seriously consider scheduling a consultation with an estate planning attorney with experience representing high net worth clients.

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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Pennsylvania on
Q: Is there specific language put in survivorship deed to show added name is my child to be exempt from PA transfer tax?

I am adding my daughter's name to my deed with right of survivorship. We have a draft of a special warranty deed with right of survivorship and I want to know if there is specific language that should be included in the deed to show she is my child in order to be exempt from the Pennsylvania... View More

Stephen M. Asbel
Stephen M. Asbel
answered on Nov 20, 2024

I do not know all the facts in your situation but before you proceed with adding your daughter to the title of this deed, you should consider the potential that doing so could reduce the benefit of stepped-up basis in calculation of capital gain tax if the house is sold in the future. The... View More

1 Answer | Asked in Estate Planning for New York on
Q: Durable POA executed 2007 Guardianship estab 2011 Guardianship dissolved 2014 Is POA still valid?

Wife was POA as named by husband

Wife was Guardian of husband’s person & property

Michael David Siegel
Michael David Siegel
answered on Nov 20, 2024

It depends on the terms of the guardianship order. Typically existing POAs are vacated in the initial order, but not always.

0 Answers | Asked in Estate Planning, Family Law and Elder Law for Colorado on
Q: Revoking POA? Can my grandmother Sign the statement to remove my sister as her POA without identification with her bank.

My grandmother has severe diabetes and dementia she can't handle her glucose by herself My sister is the only one that has being caring for her My mom and aunts explained plenty of times they would not take care of my grandmother and if that happened they would put her in a home. Last year I... View More

0 Answers | Asked in Estate Planning for Ohio on
Q: If someone signs and notarizes a car title giving it to you but dies before you can get the title, can you apply for it?

My mother gave me 2 cars and signed and notarized the back of the title but died unexpectedly before I could apply for the titles. Can I do that or would they be considered part of her estate? I would inherit the cars anyway even if they were part of the estate because l’m her only next of kin.... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Utah on
Q: Can a spouse automatically inherit the house even if she's not included on the house's title (in the state of Utah)?

Hi,

I have a family member who's scared of being left without a home if her older husband passes away. She asked him about being included in the title, but the husband got strangely defensive about it and wanted to only keep his name on the title.

Where does that leave her?... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 20, 2024

This is a complicated question. In situations like these, details make a difference. Please tell your friend to have a consultation with an Estate Planning attorney. Many of us will talk to you for free.

Here are a few issues that can come up:

Prenuptial Agreement: This is one way...
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3 Answers | Asked in Estate Planning for Texas on
Q: My husband and I are endeavoring to have our wills done. We are 70 and 71.
Beth Ann Serafini-Smith
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Beth Ann Serafini-Smith
answered on Nov 19, 2024

It is very important to have a valid Will to help avoid potential issues when you pass away and a long and more expensive probate proceeding.

Having a valid Will allows you to choose who inherits your properties/assets when you die. Without a Will, your properties / assets will pass...
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0 Answers | Asked in Estate Planning and Probate for Maryland on
Q: How would I be able to get details on a trust fund created by family that I am no longer in contact with?

I know of a trust fund in my name and would like to find out details as I don’t know anything about it other than the fact that it exists.

2 Answers | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: I have a power of attorney drawn up by an attorney who marked thru incorrect addresses. Is it legal?

Is a power of attorney legal if it has marked thru incorrect and corrected addresses?

Anthony M. Avery
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answered on Nov 19, 2024

If the POA was executed correctly after the corrections, then it should be enforceable. Principal might make a new POA if the document is an obvious mess. Make 3 or 4 originals.

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0 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for New Mexico on
Q: I'm a FL resident, an only child of my 101-year-old mom. I need to add myself to a deed for a small parcel in New Mexico

She's currently in a hospice with advanced Dementia and was just diagnosed with recurring breast cancer. I reached out to her elder care attorney who isn't interested in helping. I also have Durable Power of Attorney. Any suggestions?

0 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Pr was ordered by judge to get house ready for sale and any offer.. must be ran by trustee for approval by 9-25-24..

Pr refused to do anything ..on 10-15-24 I saw she put the hm in her mom's name Karen Walsh she's Stepmom.. ..me or court has not been notified at all..I'm also being fined 7500 from city of PHX for not keeping yard up..I can't the PR asked the judge to not allow me to go on... View More

1 Answer | Asked in Estate Planning for New York on
Q: I have not received financial documents of a trust I am beneficiary of. How do I go to court to compel the trustee to

Send me those documents

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 19, 2024

Generally, if you are a beneficiary of a trust, and the trustee has failed to provide financial documents, you can petition the court to compel the trustee to provide an accounting.

0 Answers | Asked in Estate Planning and Real Estate Law for Delaware on
Q: My stepfather passed away. My Mother was not on the deed but became the administrator and opened an estate.

Unfortunately, my Mother became sick and passed away. Before she passed, she had a living trust opened, but she did not transfer the property into it. She left a will behind naming me the beneficiary for her life insurance policy and her home. I was his only child. He had no biological. The will is... View More

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My husband inherited his Mom's house (handwritten will). Does he have to go through probate to get the deed in his name?

We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 18, 2024

Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More

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1 Answer | Asked in Estate Planning and Family Law for California on
Q: What form do I need to cancel a conservatorship a family member has, my county is Stanely Mosk Courthouse, Los angeles
James L. Arrasmith
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answered on Nov 17, 2024

To end a conservatorship in Los Angeles County at the Stanley Mosk Courthouse, you'll need to file form GC-380 "Petition for Termination of Conservatorship" along with form GC-020 "Notice of Hearing."

Before filing, gather evidence showing why the conservatorship...
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1 Answer | Asked in Estate Planning for Colorado on
Q: In Colorado,along with a notary does a doctor have to sign your DNR within your living will advanced directives ?

I'm doing research for my end of life planning and ran across this item I never heard of before.... doctors signature on DNR's as well as notaries to make the DNR within the Advance Directive/Living will legally binding ref given me : Colorado Revised Statute 15-18.6. etal

Nina Whitehurst
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answered on Nov 18, 2024

Under Colorado Law there is a mechanism for a doctor to appoint a healthcare decisionmaker for you if you have not already done so and are unable to do so now. This can easily be avoided by appointing a healthcare decisionmaker yourself while you are capable. Your healthcare decisionmaker... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Am I entitled to any assets or does it go to her heirs?

My father died without a will and his wife(StepMom) passed 3 years later. The Deed states that it was Joint Tenancy with Rights of Survivorship.

Shane T. Johnson
Shane T. Johnson
answered on Nov 18, 2024

When property is purchased by a married couple in NC, it is assumed they own it as Tenants by the Entirety. Based on your representations, it would appear that when your father died, the property would pass to his surviving wife. When she died, it would go to her heirs, and you would not inherit.

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