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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
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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.

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1 Answer | Asked in Elder Law and Estate Planning for Michigan on
Q: Refund check from nursing home after a death

My mother-in-law entered a nursing home and it was private pay. We had to pay a month up front. We paid with my credit card. She died after 2 weeks so we are owed a refund. The facility wants to issue the check payable to the estate of mother-in-law but since we paid for it, shouldn't we be... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 7, 2024

I'm sorry to hear of your loss.

Unfortunately, the answer to your question depends on what the agreement says when you made the payment. Without seeing the paperwork it is impossible to provide any real advice. You should consult with a local attorney who can look at the paperwork and...
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1 Answer | Asked in Estate Planning for Arkansas on
Q: If you can’t be an executor because of a felony can a judge deny you because you where charged but never convicted of 1
Anthony M. Avery
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answered on Nov 8, 2024

If you were never convicted of a Felony, then inform the Probate Court by a response in writing or in Court. Being the Executor may not be worth the trouble, but if you want the fiduciary position inform the Court.

0 Answers | Asked in Estate Planning and Civil Litigation for New York on
Q: Can I get surcharges against a property gdn for avoidable investments losses and property loss?

1. despite property mgmt GDN saying in her prior approved accountings and in her open accounting testimony, that I owned my condo with no mortgage, affirming approx. value $850,000, my sibling put himself as property owner for notification of my real estate tax payments with NYC Dept of Finance,... View More

1 Answer | Asked in Estate Planning, Intellectual Property, Tax Law and Probate for Georgia on
Q: What does it mean when a property in Bartow county ga goes from the estate to the estate and then attn so and so????

My grandfather's property on his land tax accessor online went from owner: state of so and so then to owner: estate of so and so with ATTN so and so rite under it..... What does that mean???

Anthony M. Avery
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answered on Nov 6, 2024

That is the tax assessor's on line chain of title, which may or may not be correct or complete. Hire a GA attorney to search the title and explain to you the title.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Rights when mother died with no will in Kentucky.

My mother passed away with no will in August 2023, I'm an only child. However she was married to my stepfather at the time of her death, he has 3 children. My stepfather recently passed away (August 2024). One of his daughters got involved right off the bat when my mom died, throwing away my... View More

Timothy Denison
Timothy Denison
answered on Nov 7, 2024

You'll need to file a motion in the step-dad's probate case asking the court to review the propriety of these actions by your step-sister. Since there was not will, the laws of intestacy will apply as to how the estates are divided.

1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: I'm Pers. Rep for my Mom's estate in SC, where she resided. She has a will, Probate opened n SC. ? about land in AL?

I am the Personal Rep for my Mom's estate in SC, where she resided. She has a will, Probate has been opened here. She has land in Mobile county, AL, (< 12 acres) the estate is small. What do I do about the AL land? I am looking for low cost solutions. How much are your fees? I live in SC also.

James Blount Griffin
James Blount Griffin
answered on Nov 6, 2024

What you need is something called "Ancillary Administration," which is estate administration in a second state. Look at the Will and see if there is provision for you as personal representative to open a second estate in another state. That would make things easier. Well-prepared wills... View More

0 Answers | Asked in Estate Planning and Probate for Washington on
Q: I’m a legal beneficiary in my dad’s estate trust in WA St. What info am I legally entitled to know that’s in the trust?

I’m listed as a legal heir and beneficiary in my dad’s estate trust in WA State. The trustee refuses to give me any information that’s in the trust such as proof they’re the legal trustee , terms of the trust, assets in the trust and expenses being taken out of the trust account and what... View More

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Should all siblings STILL split the money from parents house that died if one sibling bought it???

My Grandma died. There are 3 daughters left behind. Some money and the car was left to a great grand child. The rest was left to the daughters. The money got transferred right to them, but the house wasn't set up that way I guess so they had to do some things to be able to sell it. I'm... View More

Joseph Jaap
Joseph Jaap
answered on Nov 5, 2024

If your mother does not agree, she should use the Find a Lawyer tab to consult a local attorney who handles probate matters to review the circumstances of the house sale and advise your mother of her options. Many attorneys offer free consultations so she can find one to work with.

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5 Answers | Asked in Estate Planning and Probate for Texas on
Q: My dad passed away in June, I have his Durable power of attorney. No Will . I want to sell his house. Can I do this?

My late brother's children sent me a letter asking for their fair share of the estate. Do I need permission from them to sell my parent's house if I am the only remaining member of our immediate family, as my mom passed last year, and my brother in 2013?

Gratia "Grace" P. Schoemakers
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answered on Nov 5, 2024

You will have to follow your dad's will, and probate it. Presuming he had a will. If he had no will, then the laws of intestacy of your state will govern who gets what. You will not be able to use the POA to sell the house, a POA "dies" when the person granting it died. You will have... View More

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2 Answers | Asked in Estate Planning and Social Security for Colorado on
Q: If I am the next of Kin and there is not a Will in place, what are the next steps?
Marianne Blackwell
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answered on Nov 13, 2024

Hello ~ if a person dies in Colorado and there is no will found, that decedent will have died 'intestate'. An heir or interested person can still file for probate, but it will be with the distinction that there is no will under which to follow the distribution of estate assets. Instead,... View More

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1 Answer | Asked in Estate Planning for Oregon on
Q: My friend is the beneficiary of his sister's estate. The Trustee is not giving him any information. Can he replace her?

She sends him 150 dollars a week on a card. The will clearly stated upon my death, but he has received no money other than the 150 a week which he cannot live on. She has repeatedly threatened to sell the house which was left to him.

Theressa Hollis
Theressa Hollis
answered on Nov 4, 2024

It's possible that your friend could go to Court to have the Trustee removed. However, the most cost-effective thing is for him to work with the Trustee. It's a very good idea for your friend to hire a probate attorney to review the Trust and advise him of his rights. If the trust is... View More

2 Answers | Asked in Estate Planning and Tax Law for California on
Q: What is a trustee called after the grantor dies? The trustee was also listed as a co trustee.

Living trust has stocks worth 1.5 million. The financial institution wants to divide all stocks and move into beneficiaries account. When beneficiaries sell stock do they pay capital gains from stocks original purpose or from date received forward? Or is it better to sell all stocks and distribute... View More

Julie King
Julie King
answered on Nov 4, 2024

The legal term “Trustee” is the title of the person with the right to handle assets in the trust and who must fulfill all the legal duties associated with that right. The word “Co-Trustee” means there are two people serving together as Trustees. They may have to do everything together or... View More

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1 Answer | Asked in Estate Planning for Texas on
Q: My wife’s father put his 24 acres of land into an irrevocable trust with himself, his wife & one grandson as trustees.

He has 3 adult children & 4 other grandchildren.

Is it possible to break the trust upon his and his wife’s death & share the approx $1,000,000 worth of land equally between his 3 children or 5 grandchildren or all?

He is 95 & he created the trust 10 or more years ago... View More

James Clifton
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James Clifton
answered on Nov 4, 2024

If all parties agree - all beneficiaries and all trustees - the trust can be terminated. If any party objects, the party seeking to terminate the trust must bring a lawsuit to terminate the trust and have a valid reason for doing so. Otherwise, the trust will continue to exist until the date of... View More

0 Answers | Asked in Estate Planning and Tax Law for Illinois on
Q: If I receive an inheritance check for my under age children will that be counted as income for tax purposes?

I currently live in Illinois and my grandma passed away in May and in her will she left 5% each to both of my kids. Both of my kids are under 18 and there is no trust set up in this instance. My Uncle is the executor and has decided to send a check to me for both kids share of the inheritance. I... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Took a loan to buy a house w/gifted down-payment from a live in partner. Can live in partner claim co ownership later?

Before entering into real estate purchase, live in partner expressed verbally that even though only 1 person was entering a mortgage contract that any contributions made to improve the property will be compensated and accounted for before any profits of sale was split between the two parties. And... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 4, 2024

I am inferring from your question that your then live-in partner does not appear on the sales deed. If this is the case, your live in partner does not have a participation right in the real estate property, although he can have a right to receive repayment of the amount that he provided for the... View More

1 Answer | Asked in Estate Planning for Arizona on
Q: I had to let a few of my credit cards go, would it be best to form an LLC to protect my assets?
Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Nov 3, 2024

It would provide no benefit at all. In fact, trying to move your assets when in this type of situation is likely to be considered a fraudulent conveyance. In Arizona, those laws can apply both civil and criminal penalties. There are also fraudulent conveyance statutes under the bankruptcy laws.... View More

2 Answers | Asked in Estate Planning for California on
Q: Can I sue my mothers trust attorney for messing up my title on my home and getting reassesed for property taxes.

In 2021 I bought a house with my mom and dad and my wife and I all joint owners. My parents got sick and ended up in a Care Facility. My mom was mad so she called her trust attorney and change the title of the home to my mom and dad's personal trust. This caused a messed my the title on the... View More

Anthony M. Avery
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answered on Nov 1, 2024

Not familiar with the CA SOL, but your possible slander of title, conversion, quiet title, etc. suit will be apparently against your Parents and the Trustee. A partition action may result. Very doubtful you will want to file suit. But a board complaint might be made against the attorney if... View More

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