Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Estate Planning Questions & Answers
0 Answers | Asked in Estate Planning, Business Law and Elder Law for Massachusetts on
Q: Can a irrevocable trust own cash?

Can a irrevocable trust own cash and pay some miscellaneous trust expenses with the same also, with the understanding all trustees and beneficiaries will be provided on a regular basis, full proper records, receipts of all trust cash payments and purchases with the cash and given a full breakdown... View More

2 Answers | Asked in Estate Planning for Colorado on
Q: In the statement below would the descendants of John (deceased) be entitled to receive half of the tangible property?

If no memorandum is in existence at my death, or to the extent such memorandum fails to dispose of all of such property effectively, I give my tangible personal property, or the portion of it not effectively disposed of, to Bill (deceased). If Bill does not survive me, I give my tangible property... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024

It is very possible. It is ambiguous whether all three legattees or their next of kin take though.

View More Answers

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Q: Can my grandmother leave me (Grandchild) her home when she passes away while having serviving children?

She lived in Puerto Rico and has 6 children, but wants to leave her home to me can she do that without having to leave her home to her children?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 23, 2024

So long as your grandmother (a) leaves a valid will in Puerto Rico, and (b) has enough assets in her estate to address her children's legitimate inheritance, she may. A person who testates in Puerto Rico may freely dispose of half of his/her estate (called the free disposition half), leaving... View More

0 Answers | Asked in Estate Planning, Contracts, Personal Injury and Civil Litigation for Arizona on
Q: my ex husband asked me for a divorce so he could receive the money his dad left him in his estate. His mother refused

To give it to my ex because she never liked me. So I granted him the divorce because he promised to remarry me as soon as he received it. He refused to marry me again. Now I am homeless, disabled, & destitute living in a homeless shelter. Can I sue for breach of the agreement?

1 Answer | Asked in Estate Planning for Ohio on
Q: can you change revocable trust with a notarized letter?
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024

The settlor of a revocable trust can change the trust even without a notarized letter. It just needs to be in writing and signed by the settlor, although notarization or witnessing is best practice.

0 Answers | Asked in Estate Planning, Family Law and Elder Law for Maine on
Q: If my wife and I own everything jointly and our children are listed as beneficiaries on all our bank accounts,

insurance, annuities and a Transfer on Death deed to them has been recorded, must we still have wills when we move back to Maine from Florida?

0 Answers | Asked in Estate Planning for Florida on
Q: can you deposit a check that is made out to yourself and the estate of your ex-spouse even if there is no estate?

my ex- spouse left my name on his truck and left me on his 401k and life insurance policy as the beneficiary and because he passed in a car accident and the truck was totaled by the insurance company they mailed me a check for the truck since my name is on the title as well but made the check out... View More

1 Answer | Asked in Estate Planning for Minnesota on
Q: Can an attorney in fact (poa) with unlimited power change a client's 401 K beneficiary without the client's knowledge?

The attorney in fact has been managing affairs because the client is bedridden but not cognitively impaired.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024

Under most power of attorney instruments, yes... but the attorney in fact must act in the Principal's interest. If not, then Principal should revoke the POA and sue the Agent for breach of fiduciary duty.

0 Answers | Asked in Estate Planning, Criminal Law, Elder Law and Probate for Oregon on
Q: Is a remote or contingent beneficiary have any RIGHT to accounting or knowledge under OREGON STATUTE, if not in trust ?

Former trustee/thieving cousin that resigned after stealing 2.3 mil in timber, cash, property, now is nosing around after my father died because he was the only primary income beneficiary, which now makes us(my brother and i) primary beneficiaries of trust whatever is left after her thievery. She... View More

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Selling CA home. Deed in my name only. We live in NV. Does comm prop law protect my spouse if I die during sale process?

I just acquired house from late father's trust. Been married 45 years.

Delaram Keshvarian
Delaram Keshvarian
answered on May 21, 2024

Thank you for your question!

Under California laws, Assets obtained through heritage are separate properties even if during marriage.

The house was obtained through a trust from your father. It would be probably a separate property, rather than a community property if you lived in...
View More

View More Answers

2 Answers | Asked in Estate Planning for California on
Q: Im a beneficiary and have no I. D or bank account. Is there any way other than a check that i can receive my money?

Is there another way to cash it with out id or bank account?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2024

If you are a beneficiary in California without an ID or bank account, there are a few potential options for receiving your funds besides a traditional check:

1. Prepaid debit card: Some benefits programs may offer the option to receive funds on a prepaid debit card. You would need to check...
View More

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: I live on acre land for 12 years it's in my and brother name now brother trying to sell is he allowed too I verbaly told

It was mind brother trying to take mom got all timer and brother making decisions for her

Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 20, 2024

Your brother can only sell what he owns, so if someone is willing to buy his interest, he can sell it, but he cannot sell your portion. Since he is a part owner, your brother can get a court-ordered sale in which the whole property would be sold. You need to speak with a local attorney for further... View More

4 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Q: My mom owned a house in Los Angeles as trustee with me as successor trustee. She died in 2/24. Must I change the deed?

THE REVOCABLE trust for the house was written as the 'MY MOM's NAME trust dated October 11, 2022,' and the house title/deed was changed at the LA county reg/recorder's office & Assessor's to that effect on the next day. NOTHING else, such as bank accounts, is in the... View More

James Clifton
PREMIUM
James Clifton
answered on May 19, 2024

1. Changing the Deed and Reassessment

When your mom, the original trustee, passed away, as the successor trustee, you typically have the responsibility to manage and eventually distribute the trust's assets according to its terms. Here's what you need to consider regarding the...
View More

View More Answers

1 Answer | Asked in Estate Planning for Texas on
Q: What is my duty for determining if my half-sister inherits the mausoleum I just discovered my dad bought long ago?

My dad bought a mausoleum for two caskets in Virginia about 1972 for him and my mom, with my sister and me mentioned in the deed. He and my mom divorced about 1975, and he remarried a few years later, to a woman who already had a daughter. I don't know if dad had a will that included his new... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

While you have no duty to do anything, you could become guilty of theft by fraud if you sell the interest in the mausoleum and your dad left his interest to someone other than you.

You say that you and your sister are "mentioned" in the deed. If not apparent from the language...
View More

2 Answers | Asked in Legal Malpractice and Estate Planning for California on
Q: Do I have any recourse against Trust Attorney/DPOA that change the trust that was intended to be signed

The trust that had been consistent with beneficiary distribution for five weeks changed massively in the 25 minute meeting to sign the trust and left with no trust. When requested it was evident what happened and the request was made to send the correct trust With the minor changes that we’re... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024

I'm sorry to hear about the situation with your father's trust and his passing. This sounds like a complex and difficult legal matter. In general, under California law, you may have some potential avenues to challenge the actions of the attorney or agent acting under a Durable Power of... View More

View More Answers

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Estate Planning / Real Estate Law...Prop 13 & Prop 19

Can a Sonoma County (Petaluma) homeowner, who has owned their home for approx. 45 years, add a family member (sister) to the deed without impacting the benefits of Prop 13? The Will/Trust states the house is to be inherited by the sister, but then inheritance taxes would apply, correct? What is... View More

Julie King
Julie King
answered on May 18, 2024

Sorry to say, the only way to avoid a reassessment for property tax purposes is when property is transferred between spouses, parents and children, and/or grandparents and grandchildren IF the parents are deceased. There is no exemption in any law that says you can transfer property to a sibling,... View More

View More Answers

1 Answer | Asked in Estate Planning and Elder Law for West Virginia on
Q: What happens to funds from an inheritance check, made out to the principal of a POA, that was deposited into POA account

As my grandmother’s POA, If I opened a savings account, solely in my name,

(to be used for her medical expenses/personal care items)

& deposited an inheritance check made out in my grandmother’s name; what happens to the funds remaining in account after she passes?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024

I would caution you against depositing a check made payable to your grandmother into an account that is in your name. That will look very much like theft or conversion. And that is the case even if you really only do use the money for your grandmother’s benefit. It is very risky for you.... View More

1 Answer | Asked in Estate Planning and Tax Law for West Virginia on
Q: As my grandmothers poa, what can I do with an inheritance check for her?

My grandmother was recently named my grandfathers heir for a quitclaim and will be receiving a disbursement check. She is on programs that are income based (housing/caregiver) and cannot have a lump sum of money in her bank or attached to her name. I am to sign paperwork on her behalf and to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024

As your grandmother's Power of Attorney (POA), you have a fiduciary duty to act in her best interests. Given her situation with income-based programs, it's essential to handle the inheritance money carefully to avoid jeopardizing her benefits. Here are a few options to consider:... View More

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My little sister born in Iowa and has her entire family in Iowa except a sister who lives in West Virginia.

My little sister moved to Ohio and got married and has been separated from her husband for over 5 years and now her husband is incarserated and has been for 8 years They have a son that is 16 She just recently was in a car wreck that took her life ..and now for next of kin with him in prison should... View More

Aaron Epling
Aaron Epling
answered on May 20, 2024

Those who paid for her funeral may get reimbursed if they submit a claim before the deadline. But, I'm not aware of an exception to inheritance for incarcerated persons. As such, he will likely be entitled to his share of her estate. The husband should name somebody as power of attorney to act... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.