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 on
Q: Do I need a will in both Canada and the Us if I am a dual citizen?

I have assets in both countries and living in Canada

0 Answers | Asked in Estate Planning and Civil Litigation for Texas on
Q: In Texas are Individual retirement accounts (IRA)s and Roth IRAs protected against lawsuit judgements?

I am a retired educator and want to transfer my 403b to an IRA, but I am also considering opening up an Airbnb.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

Yes both a traditional IRA and Roth IRA are exempt from creditors claims. You can see the Texas Property code section 42.0021 which covers both qualified tax deferred plans and subsection (a)(5) specifically names Roth IRA’s as an included plan. There are a variety of savings plans covered in Texas.

0 Answers | Asked in Estate Planning and Civil Litigation for Texas on
Q: In Texas are Individual retirement accounts (IRA)s and Roth IRAs protected against lawsuit judgements?

I am a retired educator and want to transfer my 403b to an IRA, but I am also considering opening up an Airbnb.

1 Answer | Asked in Estate Planning for Illinois on
Q: My Father passed last month and left no will. He has a house, cars, retirement funds, investments and etc. can I become

Admin for his estate and does his estranged wife/separated for 14yrs receive anything?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Nov 22, 2024

Yes. As an heir, you are entitled to petition the court to open the estate and be appointed as the administrator. Any of your siblings and your father's estranged wife are entitled to file such a petition. Under the Illinois statute, your father's wife and his children split the proceeds... View More

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Q: Inheritance of farmland property

We have two 80-acre farmland plots still titled to grandparents (both deceased). Plots were willed to their two children (also deceased). Problem with communication between two families. Is it possible to petition the court to have the two properties split, one to each family? If so, what paperwork... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2024

Hire a NM attorney to file an action for a Partition In Kind. All tenants in common must be Parties.

1 Answer | Asked in Estate Planning for Kansas on
Q: My father in law passed away and his life insurance policy is in my wife's name but she passed away before he did.

Does the policy go to my wife's estate?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2024

You have to read the designation of beneficiaries. If named beneficiaries predeceased the insured, then usually the policy money goes to the insured's estate or his heirs/next of kin.

2 Answers | Asked in Estate Planning for California on
Q: KOSMOSGifts.com helps preserve wisdom digitally and pre-plan gifts can they partner with estate planning offices?

The company offers gift pre-planning for up to 30 years in advance for customers' children and grandchildren, and even skip-generation. The company is almost acting as a trust / an account where the company will withdraw money to gift to their descendants after the person's death. Can... View More

Julie King
Julie King
answered on Nov 10, 2024

It depends on what you mean by the term “partner.” Lawyers define the term as someone in a limited partnership or general partnership. The ethics code prohibits lawyers from splitting profits with non-lawyers in almost all circumstances. So, if you are asking whether lawyers can be in a... View More

View More Answers

0 Answers | Asked in Estate Planning for New York on
Q: Which state’s court do I file for disclaimer for FL real estate property when deceased probate in NY and ancillary in FL

Deceased died intestate and probate administration commenced in NY and completed. Ancillary probate was opened and disclaimer for Florida real estate property (so it can pass to the children rather than spouse) needs to be filed but family is confused which state’s court it would be filed in.

0 Answers | Asked in Estate Planning, Tax Law and Elder Law for Georgia on
Q: Successive life interest and income, I must pay tax,ins,upkeep. Fl.trust,GA ag prop,in a Fl trust. Income is from policy

I need a attorney to go over trust, financial, estate with me. The complexity is overwhelming. Policy is main source of income. My daughter is personal representative, co successor Trustee, remainderman, beneficiary as trustee, we have estranged her entire life. My mother's will says my... View More

1 Answer | Asked in Estate Planning for Georgia on
Q: Need clarification on obtaining title to vehicle in Georgia after father passed.

Father passed and my brother and I were beneficiaries of his estate. All of his CDs, IRAs and Bank Accounts were included in his will. He had made each of us beneficiary on accounts that we received. He did not include his van and told us to decide between us who would get it. We agreed I... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2024

If his Will was probated, then it had a Residuary Clause. That van is bequeathed under that clause as part of the residuary estate.. Executor has duty to distribute the residuary estate.

0 Answers | Asked in Estate Planning for Colorado on
Q: Is there a statute of limitations in Colorado for Medicare estate recovery

Sold house and it’s been almost 4 years. Can they come after me if I spend the money? (Only 40,000)

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My uncle passed away 11/21. He left his estate to my grandmother and her disabled daughter. His wife was the executor

His wife decided to sue for half of estate.My nana passed away 02/22 while in the nursing home. TennCare immediately put a lean on my uncles estate. Judge ordered all assets to be auctioned. My aunt, whom is disabled still resided in the home. How can TennCare sieze property if a disabled person... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2024

Daughter was not an owner of the property, so TennCare Lien against Uncle had priority against any heir of his. The Estate was the place to fight the Lien. Everything is apparently over now. Probating the Estate was the mistake, as Spouse could have got a year's support, third of... View More

0 Answers | Asked in Estate Planning for Florida on
Q: Does the personal rep. have to give the widow 30% if the rep. is the beneficiary?

10% widow 90% personal representative from a bank account

1 Answer | Asked in Estate Planning for Indiana on
Q: If my stepmother cheated on my dad does she loose rights to inheritance
Robert York
PREMIUM
Robert York pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024

"If either a husband or wife shall have left the other and shall be living at the time of his or her death in adultery, he or she as the case may be shall take no part of the estate or trust of the deceased husband or wife." IN ST 29-1-2-14.

But note: "While it is true that...
View More

0 Answers | Asked in Estate Planning for Missouri on
Q: I live in Missouri. I am not able to get a real ID. I am not able to show proof of my name change.

I married in Jamaica in 1998. I did not file our marriage license with the county/state. I did change my name on everything. I divorced in 2015 my ex husband took the marriage license, there were no copies. He claims to no longer have it and does not know where it is. DMV will not accept my divorce... View More

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My passed away without a will almost 5 years ago, what does my need to prove she has a legal to claim a settlement check

My dad was involved in a Roundup lawsuite that close to payout now, but the attorney handling his case will not accept an affidavit of heirship and and has told us they have to have sufficient proof of authority under Texas state law establishing her ability to settle my dad’s case on behalf all... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024

My condolences as it is always hard to lose a parent. You will need to start a probate proceeding in Texas. In most Texas counties they require that you have an attorney since you are not representing yourself actually you are representing the decedent's estate. One issue is that in Texas you... View More

View More Answers

2 Answers | Asked in Estate Planning for Tennessee on
Q: What does the wording" reserving onto Herself and estate for life" mean in a quit claim deed?
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024

Assuming there was a typographical error in your recitation of the facts such that “and” was really “an”, that wording means that the grantor is still the owner until she passes.

View More Answers

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.