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Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Florida on
Q: How easy/ quick is it to ADD a beneficiary to a WILL & TRUST?
Phillip William Gunthert
Phillip William Gunthert
answered on Mar 18, 2024

You will need to have a Florida Estate Planning Attorney look at and review the Will and or Trust and see what can be done and under what circumstances. Hopefully the grantors of any Trust or any other estate planning documents are alive and have proper mental capacity, in addition, they will need... View More

0 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Does Georgia allow TOD/Beneficiary deeds for primary homes? And does having a will automatically force probate?

One heir, listed on all accounts as POD/TOD or beneficiary. Trying to avoid probate if possible without the expense of a trust. Have a will (not filed with the courts) and POA’s, etc. in place.

1 Answer | Asked in Estate Planning for Texas on
Q: Tx can I be executor of an estate & beneficiary? Can I purchase the home if it still has a mortgage as exec of the estat

My parent passed recently and I am the only child (no step or half siblings) & per the Will I am to inherit the house (which still holds a mortgage in parent name alone) & the parent was not married. Can I be executor of the Will & beneficiary? Can I purchase the home from myself? How... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

Yes, you can be both the beneficiary and executor under a Will.

There is no reason for you to purchase the home from yourself. Probating the Will vests title in you as the sole beneficiary of your parent's Will. Of course, if you don't pay the mortgage, the lender has a deed of...
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0 Answers | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: My husband wants to remove my name from the deed of our home for his Last Will purposes.

He asked me to meet with his Estate planner regarding the plans for his will. He mentioned on having the deed solely under his name so it wont be hard to divide his estate between me, his kids, grandkids and great grandkids. We've been married for 9 years and we are living in a $600,000k... View More

0 Answers | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on
Q: My husband wants to remove my name from the deed of our home for his Last Will purposes.

He asked me to meet with his Estate planner regarding the plans for his will. He mentioned on having the deed solely under his name so it wont be hard to divide his estate between me, his kids, grandkids and great grandkids. We've been married for 9 years and we are living in a $600,000k... View More

0 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Indiana on
Q: My sister will not endorse a home claim check. She does not live in house. I did not qualify to refinance.

The roof needs replacing and no repairs can be done unless she signs.

0 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: I am researching the options for a Living Trust to protect my brother's $ when he/we inherits money from our parents.

I see the spendthrift clause within a Living Trust to allow me (Trustee) to manage a Trust in my parent's (Grantor's) name. This will restrict and protect my brother's interests from creditors or greedy step-kids.

I also see that they (Grantor's) remain in control until... View More

1 Answer | Asked in Tax Law and Estate Planning for Texas on
Q: Can an heir who inherits everything share inheritance with siblings without having full tax liability?

Can child who inherits all be named Trustor of a Trust (with their sibling(s) as Trustees), with ability to decide amounts to share with sibling(s) whereby each has tax responsibility for amount received?

For instance, if proceeds from sale of inherited property are put in Trust and... View More

James L. Arrasmith
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answered on Mar 16, 2024

Yes, an heir who inherits everything can indeed share the inheritance with siblings while managing tax liabilities effectively. When the sole inheritor is named as the Trustor of a Trust, with siblings acting as Trustees or beneficiaries, this setup allows for a structured distribution of assets or... View More

0 Answers | Asked in Estate Planning, Personal Injury, Legal Malpractice and Probate for Indiana on
Q: I am a personal representative of my domestic partner. My attorney forced the sale of my home. Can this happen? HELP!

June last year I filed a hardship with my lender, approved for a year. My lender advised me to hire a probate attorney to help me, which I did. The property was in her name. My lender sent me a new loan application. I'm pre-approved for loan to pay off lawyer's fees and on the property.... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Colorado on
Q: If executor of estate sells house before transferring it to heirs, will it still receive stepped-up cost basis?

A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More

Nina Whitehurst
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answered on Mar 15, 2024

Property owned by a decedent gets a step up (or down) to fair market value as of the date of death. That holds regardless of whether the property is distributed in kind to the heirs or is sold and then cash distributed to the heirs. the only difference is who pays the capital gains taxes, if any.... View More

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1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: I want to contest part of the will but I do not know how to contest in a probate case?

I'm a person with a disability the other people sent a letter saying they were going to submit both Wills to the court turned out they they did not they only submitted one so there are but I believe they are using the wrong will so that's why I want to contest. I think one of my other... View More

Anthony M. Avery
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answered on Mar 15, 2024

You will need a MN attorney to contest a Will filed for Probate. You may or may not have a cause of action. Obviously 2 Wills cannot be filed for Probate by the same proponent. But it sounds like you do not have either Will, which is a problem to probate the actual Will, and you must have... View More

0 Answers | Asked in Estate Planning for Puerto Rico on
Q: Timing for legal paperwork served for Puerto Rico Inheritance

I got served with paperwork where the legal docs got served 29 days after the paperwork was filed and it was due with a response on the 30th day. I cannot answer the paperwork, since I am not attorney with access to SUMAC, and I live in the West Coast and cannot just pop over to the courthouse.... View More

0 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My mom butil built a house with my brother it’s a separate house attached to his house she paid for her house

She paid for her house and part of his she told me that her house that is attached to his would be mine when she passed and she just passed but he tells me I can’t live there what am I entitled to? She had no will and I don’t think it was in her name she just had it built when he was building... View More

1 Answer | Asked in Tax Law, Estate Planning and Probate on
Q: Do I need specail documentation for a living inheritance in florida?It is a financial inheritance

Do I have any tax implications I am Canadian

James L. Arrasmith
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answered on Mar 15, 2024

If you're considering setting up a living inheritance, commonly referred to as a living trust, in Florida, there are some important steps and requirements to be aware of. First and foremost, the living trust document needs to be in writing and should be properly executed: this includes being... View More

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can I gain entrance to a deceased family members home to search for their will?

The only person with keys to the house is a non family member who was taking care of my uncle when he was sick, and he won’t hand the keys over.

James L. Arrasmith
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answered on Mar 14, 2024

Gaining access to a deceased family member's home to search for their will can be complex, especially when the keys are held by someone who is not part of the family. It is essential to understand that the process and legality can vary depending on your location. Typically, if you are the... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Ohio on
Q: In the state of Ohio If me ex wife is remarried or if I filed bankruptcy on her, is she still entitled to the payment
Todd B. Kotler
Todd B. Kotler
answered on Mar 16, 2024

Without more context this question is impossible to accurately answer. If the payment is spousal support it depends on the wording of the decree. Generally, domestic relations support orders are not dischargeable in bankruptcy. The remarriage may be a termination of support, but only if... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Wisconsin on
Q: How do I account for vendor's interest in a land contract when completing inventory of estate?

My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More

Anthony M. Avery
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answered on Mar 14, 2024

The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More

1 Answer | Asked in Estate Planning, Tax Law, Business Law and Securities Law for Arizona on
Q: LLC for brokerage trading account and investment account?

I am a day trader with a 475 mark-to-market election, and I have a brokerage account where I am actively trading. I also have an investment account, in which I do not trade and a separate IRA account.

My husband runs a small company as a sole proprietor. Since his business carries a high... View More

James L. Arrasmith
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answered on Mar 14, 2024

Creating an LLC and transferring your brokerage accounts into it can provide an additional layer of asset protection, as it separates your personal assets from your husband's business liabilities. However, there are several factors to consider:

1. Charging order protection: Arizona...
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0 Answers | Asked in Estate Planning, Criminal Law and Probate for Massachusetts on
Q: Can a trust beneficiary file a petition to retroactively revoke a deceased trustee for an egregious breach of trust?

A realty trust was established by the 2 co-trustees of father and son. However,the trust was fully funded by the father.

A Resulting Trust was also created and the trustee/son held the trust for approx. 14 yrs until the grantor/father requested it back.

After the grantor/father... View More

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