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, Criminal Law and Family Law for New Jersey on
Q: estimate for a trust or ejectment in the Red Bank area? son and his lawyer trying to take over my home...

son has not worked in 20 years, never owned car, trashed home, in therapy

0 Answers | Asked in Criminal Law, Estate Planning and Family Law for New Jersey on
Q: son has not worked in 20 years, never owned a car, trashed home, hired lawyer to try and steal home

son stole items from mom after funeral, locked in room, what charges if any, i am afraid his lawyer will send receipt and day

1 Answer | Asked in Criminal Law, Estate Planning and Family Law for New Jersey on
Q: son in therapy hired lawyer to take dads home son has no car, no friends, no degree, no job

lives at home pays zero, home is trashed

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2024

You are need to supply significantly more facts and any and all documentation related to this matter. Expect to pay about an hour of time for an experienced litigation attorney to have a consultation with you. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

0 Answers | Asked in Estate Planning and Probate on
Q: If a Testamentary Trustee Attorney give a Beneficiary notice of hearing for 145pm on a certain date.

Then on that date goes in front of judge at 830 AM an states to the judge that Beneficiary has special notice of earleyer hearing at 830 A M that Beneficiary does not have special notice or any notice of and earleyer hearing Does Beneficiary have a case against Testamentary Trustee for... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Does the estate pay for the personal representatives lawyer.

For a will dispute to discredit a beneficiary.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2024

Sometimes yes, sometimes no. There is no exact law. I am not sure what discrediting a beneficiary is, but that is not a Will Contest. You probably need to retain an attorney to represent you as you are obviously confused as to what is going on.

1 Answer | Asked in Estate Planning for California on
Q: Can a debt amendment to a revocable trust be enforced if the trust is amended later ignoring the debt amendment?

My mother issued an attached amendment to her trust for a debt she owes me to be paid after her death from the house owned by her trust. She has since signed the same trust with a different date than the original trust (amendment is to original dated trust) and she has amended her trust again... 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 2, 2024

In California, the enforceability of a debt amendment to a revocable trust that is later amended without including the debt amendment can be a complex legal issue. Here are some points to consider:

1. Revocability: If the trust is revocable, the grantor (your mother) generally has the right...
View More

1 Answer | Asked in Family Law and Estate Planning for Texas on
Q: Can a trustee manipulate beneficiaries of trust.before death because he didn't agree with wishes of incapacitated man?

.y friend lived with an Elderly gentleman for 2 yrs. Sheis a beneficiary in his trust. And the trustee and executor of estate took POA immediately. Came to house and took will and other stuff from house. Came back next day( mon)and bullied my friend. Telling her she was going to get a considerable... View More

John Michael Frick
John Michael Frick
answered on May 2, 2024

I think it would be very unusual for the person named as trustee in a testamentary trust not to have read the Will before the testator dies. Usually, the testator would discuss his Will and wishes with his trustee and make sure that the trustee is willing to perform those duties and will honor the... View More

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: In WA does a legal heir have a right to a full accounting from the executor of where the estate's money is going?

I'm a legal heir in my deceased dad’s estate that is currently going through probate in Washington State. Under Washington State law does a legal heir have any legal rights to request from the estate's executor an itimized inventory of the estate's liabilities showing who the... View More

Janta Steele
Janta Steele
answered on May 1, 2024

Good afternoon,

Yes, it is possible to request an accounting from the the executor (aka "Personal Representative") of the estate under RCW 11.68.065 if your situation meets all of the following criteria:

a) you are a beneficiary with an interest in the estate;

b)...
View More

3 Answers | Asked in Estate Planning for California on
Q: Can a debt amendment to a revocable trust be enforced if the trust is amended later ignoring the debt amendment?

My mother issued an amendment to her trust for a debt she owes me to be paid after her death from the house owned by her trust. She has since signed the same trust with a different date than the original trust (amendment is to original dated trust) and she has amended her trust again without the... View More

Karn Thapar
Karn Thapar
answered on May 1, 2024

An amendment to a trust that follows proper formalities, including reference to original date, is generally enforceable. The inclusion of a notary stamp lends further credence to the enforceability of the amendment. From what you have described, it seems that the debt amendment has been amended... View More

View More Answers

1 Answer | Asked in Estate Planning for Tennessee on
Q: I live in Davidson County Nashville TN and tried to submit an estate claim. How can I get an extension?

The employees at the county clerk's office informed me that the case is pending and there is not a personal representative assigned. Therefore, they do not have anyone to receive the documents for the claim. The one-year deadline is June 25, 2024 for the decedent. I need to request an extension.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

You might consider making a Motion to appoint yourself as administrator due to being a creditor. A lawyer will be necessary, and probably a Bond. Then you file the claim against the Estate. The claim may not be worth it, but this happens alot when clients die with a pending case.

1 Answer | Asked in Estate Planning for Ohio on
Q: Mom died in hospital after stay in a nursing home, which no one signed for. NH never filed a claim, 4 yrs+ suing benefic

As executor atty & probate judge said they didn’t file proper claim by year 2, now they are suing the beneficiary-after trying to sue me (executor) is this legal? My mom was NOT on Medicaid, she was covered by Medicare, which stopped halfway through her stay, even though her condition had... View More

Aaron Epling
Aaron Epling
answered on May 1, 2024

Ohio's Medicaid Estate Recovery program has authority to recover assets of the decedent to repay for the services they paid for.

1 Answer | Asked in Consumer Law, Contracts and Estate Planning for New York on
Q: I have my trust drafted. What are the next steps? Record it at the court house? What does the bank need for and account?

What notice if any should be given

Inna Fershteyn
Inna Fershteyn
answered on May 1, 2024

Who draftees your trust? Was the property transferred to the trust? How was it funded? Your lawyer should walk you step by step through the next steps it’s really strange that you are asking these questions if you have a lawyer and if you don’t how did you fund the trust? As without funding... View More

1 Answer | Asked in Estate Planning for Alabama on
Q: In case of death is Property paid off for other owner

My mother and myself own property. If one of us pass will it be paid off?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

No debt payoff occurs unless there is a good credit life insurance policy. Then foreclosure occurs. Read the mortgage instrument.

1 Answer | Asked in Probate and Estate Planning for California on
Q: The co trustee is stealing from the trust in New Mexico. Im having trouble getting bank statmnt/proof because law NM

New Mexico only the personal representaive can get bank stmnt

and mecical records I need to get records proof of everything. No probate filed. Quickly disposed of my fathers belonging while Im at burial

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

I'm sorry to hear about your difficult situation. Dealing with a dishonest co-trustee can be very challenging, especially when it involves multiple states. Here are a few steps you can consider taking:

1. Hire an experienced estate attorney: Given the complexity of your case, involving...
View More

0 Answers | Asked in Estate Planning, Probate and Real Estate Law for Puerto Rico on
Q: What are Ist step to file with the probate court for an estate.

Person died in Puerto Rico 2022, property in Puerto Rico. Will written 1987 in NY not registered in puerto rico. What is the 1st document to be file, I'm told its call a complaint affidavit. This don't sound right. Could someone confirm

0 Answers | Asked in Estate Planning for Arkansas on
Q: How can someone put a vehicle in their name when it was I'm my name. I didn't sign or agree to it.

The title is in mine n bfs name but he passed away in Dec. His mom put her in her name

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for New Hampshire on
Q: i inherit a joint revocable trust from my parents and im the only trustee can my brothers take me to court to take it

can they claim ownership? can i get removed even tho its an irrivocable trust ?

Linda Simmons Campbell
Linda Simmons Campbell
answered on Apr 30, 2024

A trustee and a beneficiary are not the same thing. You can be both the trustee and a beneficiary or there can be one or multiple beneficiaries and this may not include the trustee. A trustee is responsible for managing the trust. A beneficiary is the person(s) who will receive the assets of the... View More

View More Answers

1 Answer | Asked in Estate Planning for California on
Q: My late husband’s brother trying to sue me to get back a boat and trailer that they had a verbal agreement to own 50/50.

We have paid 100% of the expenses for the last 10 years or more. The boat is in my name and is also included in our trust. The trailer is in his brothers name. I am willing to either give him back the trailer or pay him market value which is at best $2000 he wants it back which I would do or pay... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024

Based on the information provided, it seems that you have a strong case to maintain ownership of the boat. Here are a few key points:

1. Verbal agreements can be legally binding in California, but they are often difficult to prove in court. The fact that the boat is in your name and...
View More

3 Answers | Asked in Estate Planning for California on
Q: We (husband and I) want to change the executor on our revocable trust before traveling soon.

I don't have time to make other needed updates to the trust, but the appointment of a new executor is really important. Can my husband and I write up a declaration about it and have it notarized? Would that hold up?

Karn Thapar
Karn Thapar
answered on Apr 30, 2024

Changes to living trusts are generally notarized, so assuming that you have drafted the amendment/declaration correctly, it should hold up. However, there are other documents that have executors and also power of attorney, and it would be advisable to have it done correctly. You mentioned it was... View More

View More Answers

0 Answers | Asked in Estate Planning and Family Law for Michigan on
Q: Will I need a Tax ID Number for an irrevocable trust that does not generate income?

If my irrevocable trust only has tangible items in it that does not and will not ever generate income, will I need to get a Tax Identification Number for the trust? I live in Michigan. Thanks

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.