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Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: With no will , if I pay off my brothers truck loan will the truck become mine or does it have to go to his estate?

His estate is in probate and nobody was beneficiary on truck loan . But has 2 kids that dont want the truck and cant pay off the loan.

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2022

You can make an offer to buy the truck from the estate for an amount equal to the amount to pay off the loan. Make sure the estate does in fact use the cash to pay off the loan, of course.

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law on
Q: Hi can i kick my housemate out?

•I am the only legal Tenant of the property as I signed the contract

I have an occupier living in my rental home. The person and I lived together for around a year but her name is not on the contract. She has not payed 3 weeks worth of rent and also rejected to pay the bills. Is it... Read more »

Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

Under Georgia law, a renter may evict a roommate or other person whom is not on the lease. Before you can initiate eviction proceedings, you will need to give them written notice and they must refuse. Once this phase is completed then a dispossessory action can be filed at the county's... Read more »

0 Answers | Asked in Estate Planning for Kentucky on
Q: My father was looking to get his share of the inheritance of his parents that passed away in Kentucky, what can he do?

Their house was sold and the money from this sale, as specified in the will, was supposed to be split among their surviving children. The estate still has not be closed and the money is effectively trapped in escrow because of the executor of the estate. He initially filed a suit against the... Read more »

0 Answers | Asked in Estate Planning and Workers' Compensation for Texas on
Q: Can a trustee for an estate appointment a durable POA for a beneficiary?

My mother in law passed away last year. My husband is the youngest of the surviving sons (there were 4 sons, only 2 remain) and has a mild traumatic brain injury.

My brother in law, whom i do not trust,is the trustee of the estate (we do have questions about the will but that's a... Read more »

0 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: My sister’s son and I want to purchase a home for my sister. We found a cash deal in a nice manufactured home community.

My nephew and I were going to solely be on the deed but the community wants her name on it as well. How can we avoid being liable for any potential creditors she may incur in the event of her passing (medical bills, credit cards etc) while adding her name to the deed in Fort Myers FL.

0 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Are any of these wills still good?

My Grandmother made a will and then changed it by doing a second will. When she died recently, we found the original of the first will she did but we could only find a copy of her second will and not the original. We don't know if she wanted to get rid of her second will or if she just lost... Read more »

0 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: My mother recently passed away leaving no will. The only children were my brother and I but he has just recently passed.

My mother has a home that I know she wanted to leave with me becaused we've discussed it. I had a brother who passed away recently after my mother. My brother and I were in the process for me to have full ownership of the home because he was ill and residing in a nursing home and did not want... Read more »

0 Answers | Asked in Estate Planning for South Carolina on
Q: My elderly neighbor would like to make me his POA to help him with bills and banking. What is needed to make it active?

He has no children and needs assistance with his banking, insurance, and taxes. He and I signed a POA in the presence of a notary, and he has a note from his doctor saying that he is unable and needs a representative to assist him with finances. How do I make sure that this POA is legitimate (do I... Read more »

0 Answers | Asked in Estate Planning for Georgia on
Q: My mother-in-law recently passed away and had changed her will. Would that will be recorded in Henry County?

My wife's mom changed her will but it may have been lost. My wife is supposed to administer the will, so where can she get a copy if she doesn't know which law firm her mother used?

0 Answers | Asked in Estate Planning and Probate on
Q: Hi! I’m a US expat living in Austria with my Austrian husband. Is an Austrian Will enough? Or do I need a US will also?

I’m 47 and just inherited a decent amount of cash and stock from my mother. Most of which is in the US stock markets, although I brought some cash into an EU bank account for easy access. I want my husband to get everything if I die first, and my nieces and nephews everything if he dies first.

1 Answer | Asked in Estate Planning and Internet Law for Kentucky on
Q: My dad wants to deed me the land my trailer sits on my question is how much will it cost
Timothy Denison
Timothy Denison answered on Jan 21, 2022

Depends on the fair market value of the property but likely wouldn’t be terribly expensive.

3 Answers | Asked in Estate Planning for Pennsylvania on
Q: My grandfather died without a will. My mother is deceased. can his 4 granddaughters all be executors of his estate?

We are told there can only be 2 executors. The 4 of us want to co-execute his assets so that they are handled properly and fairly. Please advise.

John B. Whalen, Jr.
John B. Whalen, Jr. answered on Jan 20, 2022

… hello …

… that’s a tall order - all of you would have to agree - and nothing would be done if one did not …

… the institutions you will be dealing with also don’t want to deal with 4 people - it’s much to difficult …

… I would suggest that all if your...
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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: My son is 100% beneficiary for an account he was left...

My son is 100% beneficiary for an account he was left...myself and my sister Are co-executors of the will (50-50) my sister is trying to get part of the account that my son is 100% beneficiary even though it’s in the will that her and I are co-executors does she have legal rights to the account... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 21, 2022

Assuming the will has been admitted to probate, its provisions about the disposition of assets is controlling. If the will has not yet been submitted to the probate court, you should do so without further delay.

Where there are co-executors, one cannot take action without the agreement of...
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1 Answer | Asked in Estate Planning and Family Law for California on
Q: As next next of kin, do I have authority to secure property for decedent estranged from her only son, whereabouts???

Cousin passed (indigent), estranged from son lost to CPS and adopted; no other heirs but 4 cousins. Contacted through medical records, I was the closest. Can I legally act as agent to secure her property, make decisions, and conduct discovery for legal docs? Son expressed no interest in the estate... Read more »

Julie King
Julie King answered on Jan 20, 2022

If your cousin had signed a Health Care Directive, that document would say who has the right to make her final arrangements. If you don't know whether she signed a Health Care Directive, the hospital may know and/or the Coroner may allow you to make the call. You can pay for the cremation and... Read more »

2 Answers | Asked in Estate Planning for New Jersey on
Q: Does an executor of an estate receive any compensation for the time involved to clean out estate and handle all matters?

We Were informed that there may be a fee earned by the executor who has to do all of the physical work needed and expenses to clear out a home and handle legal fees.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 20, 2022

Is there a will and does the will make any mention of whether or not the executor is to be compensated or not compensated? If not, then you need to look at the law of the state to see what it says as to compensation. If the executor incurs out of pocket expenses, then yes, I expect the executor... Read more »

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2 Answers | Asked in Estate Planning and Family Law for Louisiana on
Q: Help! Succession process with minors and no will. Only property is the house with little equity, how does it work?

My wife passed away and I have 3 minor children. There was no Will and the only community property is our home. My wife and I are on both the mortgage and the title. I am considering selling the home and know I need to go through succession but my question is on the process.

There is not a... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 20, 2022

No matter who and how many replies you get to this, I would recommend that you contact a successions attorney in your area and have a sit down and specifically discuss your situation and determine the best way to proceed. You use the term "simple succession" which might have a specific... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Illinois on
Q: Uncle left house to another family member with stipulation my parents could live for set rent price for life.

My mother took care of my great uncle years ago before he passed away. He left the house she lives in, to his granddaughter with the stipulation my parents could live there for life for a set rent price. They sold the property to another company and that is not being honoured anymore. Rent has... Read more »

Charles E. Hutchinson
Charles E. Hutchinson answered on Jan 20, 2022

If your great uncle stipulated in his will or in his trust that your parents could live in the house at a set rent price, then depending on how those instructions were worded - it is possible that your mom has a case. If this was an "understanding" not in writing, the case becomes much... Read more »

1 Answer | Asked in Estate Planning and Family Law for Florida on
Q: I loaned my mother $43,000 at 7% interest 21 years ago secured by a promissory note.

I loaned my mother $43,000 at 7% interest 21 years ago. It was secured by a promissory note and upon her death I would receive payment. Upon her death in October 2021 I was informed that the house she owned could not be used to satisfy her debt to me as we had planned because of the homestead... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 20, 2022

Regardless of what you are being told the $43,000 note from your mother is a very valuable valid debt that should be given to the Judge in the Probate Case.

If there is no Probate case, hire a lawyer to open one yourself. (Anyone can do it, and creditors do it all the time.)...
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