I lived in my house for 28 years, and my landlord promised me ownership of my side of the house. However, his estranged stepson medicated him, placed him in a home, and evicted me on January 3rd, 2025. My landlord, to this day, still claims the house is mine. Unfortunately, there was no written... View More

I want to include a request in my will and power of attorney documents for an autopsy to be performed upon my death to identify a mysterious ailment I've dealt with for 25 years, to determine if it might be hereditary. I've already included this request in my documents. I'd like to... View More

I live in Arizona, and my late father's trust is in California. My father passed away in 2010, and although I am named in the trust, my stepmother refuses to provide me with a copy. My brother, who is also involved and potentially a trustee, won't communicate with me. How can I obtain a... View More

I need guidance on my mother's inheritance rights regarding a property following her spouse’s death during their divorce proceedings. The final divorce decree states that the property shall be owned jointly as tenants in common with rights of survivorship pending sale, with proceeds split... View More

I have power of attorney over my husband's financial matters and his healthcare directives are in place. We live in Arkansas, and I am considering guardianship due to his Alzheimer's diagnosis. I want to know the legal processes and requirements for obtaining guardianship over personal... View More

Christopher Riddle
answered on Apr 28, 2025

Hi, there! I am sorry to hear that your husband has been diagnosed with Alzheimers. Having both a financial Power of Attorney and healthcare directives in place shows how deeply you care and how well you’ve planned for your husband’s needs. In Arkansas, because you already have these... View More

I am the executor of my late father's will. His will specifies that his home should be sold, but his wife is currently living there and refuses to sell the property. The will states that the property is to be left to me, but she wishes to remain there until she passes away, which I am willing... View More

Phillip William Gunthert
answered on Apr 28, 2025

I am very sorry for your loss on the passing of your father, please accept my condolences for you and your family at this difficult and sad time. In Florida the Executor is called the Personal Representative and until a probate is commenced and the court/judge authorizes this role and approves you... View More

View More Answers

My parents are divorced, and my brother and I were recently informed by our dad's family that we have power of attorney (POA) over him. We are concerned about our responsibilities, especially regarding our father's debts after his passing. Additionally, his family is involved in the... View More

I'm looking to set up a living will and need guidance on where to find the specific requirements or forms for my state. I also have concerns about what should be included in the living will and how to involve or consult with legal professionals during this process. Where can I get the forms to... View More

PREMIUM

James Clifton
answered on Apr 28, 2025

Georgia no longer recognizes living wills. The living will has been replaced by the Georgia Advance Directive for Healthcare. You may be able to find the forms online. In addition to the healthcare directive, a complete estate planning package includes a durable power of attorney and a last will... View More

I have been designated as the medical power of attorney for my wife, and we've completed her living will and medical POA, needing only notarization. Previously, my mother-in-law expressed intentions to disregard my wife's wishes about life support and threatened to commit her to a mental... View More

I am a special needs disabled person collecting SSI in Oklahoma. My mother authorized an attorney-in-fact to make gifts of her property and to create trusts, including an irrevocable or special needs trust for beneficiaries. However, the later parts of the trust documents disinherit me, giving my... View More

I'm concerned about whether it's a violation of FOIA to release non-government federal information involving private individuals and trusts. If such information is opened under FOIA, is the person’s information still considered private?

My father, who is very ill and under hospice care in Ohio, has expressed his wish to be buried with family in Florida. A woman he has been in a long-term relationship with has taken charge of his medical decisions, claiming they are married, though there are no legal records to support this, and... View More

Andrew Popp
answered on Apr 27, 2025

Here in Ohio there is a specific assignment that can be made to ensure the correct person(s) handle final arrangements, and to memorialize any wishes. See Chapter 2108 of the Ohio Revised Code. (link below)

https://codes.ohio.gov/ohio-revised-code/chapter-2108

An estate planning... View More

View More Answers

My wife passed away intestate in California, and a probate was filed there, along with an ancillary probate in Texas. There is uncertainty regarding the life estate and deed recording. Mineral rights royalties from an oil and gas company have been set up with my name and three children from my... View More

Isaac Shutt
answered on Apr 27, 2025

Yes, you'll likely end up wanting an estates lawyer to review your documents and to advise you. However, if it were me, I'd reach out to a landman first. This may help you get even better results, faster, at a lower cost. Then, after a landman weighs in, then you can get an attorney to... View More

Can I include non-U.S. residents, specifically my wife who isn't a U.S. citizen and resides full-time in the Philippines, in a Simple Will? We have one child, and I want to ensure my wife has financial protections when I pass away. My significant assets are held in bank accounts and a... View More

Richard Sternberg
answered on Apr 26, 2025

You probably should sit down with a lawyer for a consult. You may not need a Will at all if all of your assets are liquid like bank or stock accounts. The beneficiary clauses work so well that such planning has long ago earned the informal name of a "poorman's will." There will... View More

View More Answers

I would like to change the designated guardians for my children in my will, as recent concerns with our current appointed guardians have motivated us to select others, with whom we've already communicated our intentions. We previously designated guardians in our will and have no other... View More

My parents co-owned an incorporated small business in which they were the only shareholders and directors, each holding 50% shares. My father, who served as President, passed away recently. I am formally appointed as the personal representative of his estate, and I hold durable power of attorney... View More

I want to make minor changes to a formally typed will that was signed in Anchorage, AK. The will involves multiple beneficiaries. What steps should I take to modify this will while ensuring it's legally valid?

PREMIUM

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2025

If you are in Alaska then get an AK attorney to draft and execute a new will. It does not sound like your present will was executed properly. A minor change is no different than an overhaul when it comes to wills, if not correct it is worthless. A codicil is possible but not recommended.

I have a will with one beneficiary and all my financial accounts list her as the beneficiary. I am concerned about my house, land, and personal property in Tennessee. Can I file a Lady Bird Deed in C**** County to avoid probate for these assets? There are no liens on the property, and I have no... View More

PREMIUM

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2025

I think you mean a life estate/remainder deed. It works very well to vest a remainder interest to the grantee when executed, not later at death of the life tenant, and by operation of law. But it is permanent unless life tenant and remainderman agree to convey, borrow money, etc. Personal... View More

View More Answers

I'm transferring a property located in Baltimore County to an irrevocable trust for asset protection purposes. My quitclaim deed was returned by the Baltimore County Clerk of The Circuit Court, Land Records Division, because I need to specify the applicable exemption from state transfer taxes... View More

Mark Oakley
answered on Apr 25, 2025

Pay a real estate lawyer for an hour of his or her term to review the deed and address any proper citation to legal authority based on your situation, and have that lawyer electronically file the deed. The last thing you ever want to screw up is a deed in the land records, which will come back to... View More

I am an informal caregiver living with an elderly person who recently suffered a stroke and is declining in health, with a noted fall risk. I provide meals and daily activities assistance. Despite a formal medical assessment recommending a skilled nursing facility, the elderly person refuses to... View More