Alaska Estate Planning Questions & Answers

Q: will says my mother gets the house and it's to stay in family mom and uncle refuse to sell me house but want sold

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Alaska on
Answered on Jun 25, 2017
Terrence H Thorgaard's answer
You have failed to indicate what, if any, claim you have to the house. If the will was probated, and the house conveyed to your mother and uncle, you have no right to force them to sell it to you.

Q: I moved back home in 2012 to care for my grandparents during their last days it's been 5 yrs since my grandma has passed

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Alaska on
Answered on Jun 17, 2017
Terrence H Thorgaard's answer
If your grandparents had validly executed (while they were still mentally competent) wills, their estate passes by the terms of the wills. If not, by the intestacy statutes. I don't believe there is anything that would compensate you for taking care of them.

Q: I'm a partner in a LLP and a LLC. Do either of these require probate?

1 Answer | Asked in Estate Planning for Alaska on
Answered on Apr 20, 2017
Terrence H Thorgaard's answer
That would depend on several things, including whether there is appropriate language in the operating agreements.

Q: I live on property that my father owns. I want to be sure that I get this property if he passes.

2 Answers | Asked in Estate Planning and Family Law for Alaska on
Answered on Feb 26, 2017
Ben F Meek III's answer
Generally, your father, if he is still mentally competent and capable of forming testamentary intent, can make a will leaving his property to whomever he wishes. If he agrees with you, have him make a will leaving you the property. If he doesn't make a will, you alone would inherit the property only if you were his sole living heir when he dies - no siblings or children of deceased siblings, etc. I strongly recommend having a lawyer near your father prepare the will at your father's direction...

Q: what are express contact terms

1 Answer | Asked in Estate Planning for Alaska on
Answered on Oct 8, 2016
Terrence H Thorgaard's answer
Do you mean "express contRact terms"? If so, it would be words, phrases, sentences, etc., used "expressly", or actually, in the text of a written contract, rather than merely implied.

Q: Can i oppose if i am ex wife to deseased men children to enter into the rights of his estate? by any reasons.?

1 Answer | Asked in Estate Planning, Divorce and Probate for Alaska on
Answered on Sep 16, 2016
Terrence H Thorgaard's answer
If I understand the question, your ex-husband has died, and you are asking whether you have the right to inherit any portion of his estate. No, assuming that the divorce was effective before he died, and that he did not provide for you in a will, you have no inheritance rights at all. You would, however, be entitled to the piano if it was awarded to you in the divorce.

Q: if a person finds a insurance policy from someone in 1923 and it is claimed abanded escheat? can i claim if i have pap

1 Answer | Asked in Estate Planning, Consumer Law and Probate for Alaska on
Answered on Aug 27, 2016
Terrence H Thorgaard's answer
It is doubtful. If the proceeds of the policy escheated to the Territory of Alaska some 90 years ago, the statute of limitations on claiming the funds has probably long-since passed.

Q: What happens when your lawyer dies whilst handling your estate in juneau alaska

1 Answer | Asked in Estate Planning for Alaska on
Answered on Aug 8, 2015
Terrence H Thorgaard's answer
The Alaska Bar Association has procedures for the handling of a deceased lawyer's caseload. Since this question was asked almost four years ago, I will assume that the problem has been dealt with. If not, let me know and we can discuss my looking into it for you.

Q: If a person dies without a will can his/her next of kin sell his/her property?

1 Answer | Asked in Estate Planning for Alaska on
Answered on Aug 8, 2015
Terrence H Thorgaard's answer
If and when the next of kin qualifies as the decedent's personal representative, and otherwise complies with the probate code and rules.

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