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Estate Planning Questions & Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on

Q: My father passed and the mortgage was under his name . My mom is on the deed and has not told the mortgage company

Scared to tell the mortgage company because she can’t refinace the loan in her name.

Phillip William Gunthert answered on Jul 21, 2019

Very sorry for your loss and the passing of your father, please accept my condolences. Your mother will not have to refinance the property, there are substantial protections in place as it relates to homestead rights and spousal rights and protections under the Garn St. Germain Depository Act as... Read more »

1 Answer | Asked in Estate Planning for Oregon on

Q: Do I need to have an attorney once probate is started and all heirs have been contacted?

Joanne Reisman answered on Jul 20, 2019

Oregon Probate is a series of steps laid out in the Oregon Statutes. It is more complex then filing to open it and sending notices to the heirs. The appointed Personal Representative should be doing the day to day tasks but the Attorney calendars that tasks and deadlines and makes sure that the... Read more »

2 Answers | Asked in Estate Planning and Family Law for Florida on

Q: My father passed away in 2012 in Florida and i didnt get any inheritence. What can I do?

Hello I live in Florida and my father passed away in 2012. He was married to my step mother and they had a child together and he also had a child from another relationship so 3 children 3 different relationships. I was never named as a party in the probate case and didnt get any inheritence... Read more »

Jennifer Isaksen answered on Jul 20, 2019

I'm sorry for your loss and I'm sure you are looking for closure. Your inheritance would depend upon whether there was a Will and the nature of the assets left. Most assets are transferred outside of probate if the accounts are properly designated and titled. It's possible there was no probate.... Read more »

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1 Answer | Asked in Estate Planning and Probate for Texas on

Q: What are Beneficiary's rights for non-disclosure of assets and also sale of primary house?

My Dad's Will was probated and non of the beneficiaries received any information including assets An Affidavit in Lieu of Inventory was filed.

Mom (Executor) just sold the primary residence. Are we entitled to any of the proceeds?

Terry Lynn Garrett answered on Jul 19, 2019

It depends on what the Will says. Once a Will has been submitted for probate, it becomes a public document. Check with the county probate court.

1 Answer | Asked in Estate Planning for Florida on

Q: Do trustee fees to be paid (to the co-trustee of a trust) have to be contained within trust accountings?

The co-trustee for my father's estate decided at the last minute to deduct $100,000 from the final distribution to the beneficaries, for her trustee fee. Is this allowed? Are there any cases that you can refer me to?

Seril L Grossfeld answered on Jul 19, 2019

Yes trustee's fees have to be contained within a final accounting, and there should not be distribution until all beneficiaries have seen the accounting and approved the accounting. Beneficiaries can also object to the accounting, particularly such a last minute large fee. Trusts in Florida are... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Georgia on

Q: Hello, my mother has Alzheimer's disease. Does any part of title 19 pertain to her?

Jay Braddock Jackson answered on Jul 19, 2019

You’ve not really given enough information to tell. Title 19, as you probably know is commonly called “Medicaid.” This program is intended to pay for medical care for people who don't have enough money to pay their medical bills. While your mother is not “entitled” to Medicaid because of... Read more »

2 Answers | Asked in Estate Planning for California on

Q: what is ment by a "Bixby Trust"?

Jay Braddock Jackson answered on Jul 19, 2019

A “Bixby Trust” is a type of spendthrift trust instrument. It is written as irrevocable but is not intended to create remainder interests in the Trustor’s heirs at law. In words, the Trustor is the sole beneficiary. For that reason, the Trust is subject to termination by the Trustor. In these... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Intellectual Property for New York on

Q: If there are 2 owners on a house and only one is paying the taxes how do you get a receipt in that 1 persons name ?

In my mother's name a grandparent had left money for me to purchase a home or use for college once I was of age . My mother had withdrawn the money once we found our small home and my father had convinced me to put his name on the home in case of any accidents or lawsuits . 3 years later the story... Read more »

Benjamin Z. Katz answered on Jul 18, 2019

You should get in touch with the County Assessor. However, I believe that whoever is listed on the Deed will be billed no matter who pays.

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2 Answers | Asked in Estate Planning for Oregon on

Q: If my father passed away in Oregon, do I have to use a lawyer in that state?

I am working with an attorney in Oregon who is making things very difficult. My dad died with a will, this attorney is making me call her before I write a check to pay any bill. Also wants her office address on the checks and bank account so that all statements go to her. Just seems like a lot of... Read more »

Theressa Hollis answered on Jul 18, 2019

I'm sorry for your loss. It sounds like your father's probate is in Oregon so you need to have an attorney who is licensed in Oregon. However, you get to choose who you hire. If you and your current attorney are not working well together then you have every right to choose someone else to... Read more »

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2 Answers | Asked in Estate Planning for California on

Q: California Our mother died and we don't know what claim we have to the house we lived in.

My grandmother had my mother and our family live in her paid off home since I was little. After Grandma died years ago, we continued to live there. My parents never married but my father pays/paid the property taxes every year. My mother suddenly died earlier this month and now an Uncle is trying... Read more »

Gerald Barry Dorfman answered on Jul 18, 2019

In order to understand your rights and your potential claim to the property (all or part), an attorney will need to know how title to the property is held, whether there are any wills or trusts, and whether any probate or other court proceedings have taken place. You need to consult with a... Read more »

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3 Answers | Asked in Estate Planning and Tax Law for Florida on

Q: My mom and brother are my beneficiaries. If I die first, money goes to Mom. If she dies, will my step-father inherit?

I want to make sure that my step-father, who is legally married to my Mom inherits nothing.

Andrew M Steiger answered on Jul 18, 2019

This is definitely a tricky planning area. The starting point for this type of question typically is whether the money would pass through a will, trust, IRA, joint bank account, etc. A trust may be best to handle this situation depending on the state law where you are domiciled at death. You... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on

Q: If I wait two years to administer my late husbands estate, will I bypass creditors and his estranged son?

I have enough funds to pay my bills for a few years and would rather not go through probate or contact his son whom he hasn’t seen in 20 years. I am sure he does not even know he died. The estate is worth over the 75k max for simplified probate .

Seril L Grossfeld answered on Jul 18, 2019

If you wait the two years you will avoid the creditors. Questionable about the estranged son, may depend on whether there is a will and what it says about his son.

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1 Answer | Asked in Estate Planning and Probate for Florida on

Q: How much will it cost me to file a disposition of personal property without administration in Broward County, Florida?

My mother lived with me for 15 years, her last year she lived with me in hospice at home. She left no money behind nor an estate. If I were to do this can anyone seeking money from her come after me?

Seril L Grossfeld answered on Jul 18, 2019

The filing fee for the procedure is $232 per the clerk's website, but if there are no assets why would you need to file this procedure. Opening any type of estate would be to have authority to sell or distribute assets, if there are none you do not need to open an estate.

2 Answers | Asked in Estate Planning and Probate for Texas on

Q: Where can I find samples of petition clerk sends citation to beneficiaries

Regarding probate

Terry Lynn Garrett answered on Jul 18, 2019

Your question is a little unclear but I will try to answer it.

The clerk does not send notice to the beneficiaries. The lawyer representing the executor does. The notice should include a copy of the Will. No petition is involved.

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1 Answer | Asked in Estate Planning for Michigan on

Q: in michigan can we be forced to sell my deceased mothers house to pay her old car loan debt due to probate

my sister lives in the house and we dont want to sell it

Kenneth V Zichi answered on Jul 17, 2019

This depends a lot on how the accounts and home ownership were structured. However, you probably can't be 'forced' to sell an asset unless you neglect to follow through with things such that there is a judgment entered against the estate and there are no other assets in the estate.

The...
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1 Answer | Asked in Estate Planning for Missouri on

Q: I need to get a lawyer to set up access to my bank account to a beneficiary should I pass away. How do I do that?

David S. Schleiffarth answered on Jul 17, 2019

One option is to have an Estate Planning attorney create a Revocable Living Trust. Many clients concerned with the transition of property and assets upon death find it beneficial to transfer ownership of personal property (including bank accounts) and/or real property into a Revocable Living Trust.... Read more »

1 Answer | Asked in Estate Planning for Arkansas on

Q: are online POA forms legal in Arkansas?

He is presently in rehab unit at hospital and I usually write his checks out and he signs them, but he is not able at this time. Some of his bills are autopay from his checking but his mortgage and house insurance require payments sent to them. I don't want him to default on his mortgage.

Patrick R. Lee answered on Jul 17, 2019

If he is unable to sign checks, he may be unable to grant you a power of attorney. It depends on how bad his situation is. If you're in an emergency situation and he can't sign anymore, you may need to get an emergency/temporary guardianship to be able to take care of his affairs.

2 Answers | Asked in Estate Planning for Arkansas on

Q: If there is not a will in place, does the second wife or the son from the first marriage inherit the estate?

Patrick R. Lee answered on Jul 17, 2019

Both. If there's no will and the "decedent" (the person who passed) had a wife and adult kids, a portion goes to the wife and another portion goes to the kids. You have to file a petition to probate his estate to get the process started, though. If I were you, I'd hire an attorney ASAP to get... Read more »

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1 Answer | Asked in Estate Planning and Landlord - Tenant for Arkansas on

Q: my dad is a disabled veteran and the RV park that he lives at is trying to kick him out because he pays his rent late

But it's not his fault even the Social Security office is called the RV owner and told them that it isn't his fault that he receives his check late are they allowed to do this or not

Patrick R. Lee answered on Jul 17, 2019

The rent is due whenever his lease agreement with the RV park says its due. Doesn't matter why it's late. I would try and reason with the RV park. Obviously your dad is going to get a check every month if he's receiving Social Security disability, so there's no danger of him not being able to... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on

Q: My grandmothers family is not honoring her will and possibly forging documents. What can I do?

Okay so to fill this out completely. My grandmother had her will devised that the assets would be shared between her three children. My two uncles and my father. My father had passed before my grandmother did so the assets would be split between his children. Me and my siblings. The main source of... Read more »

Seril L Grossfeld answered on Jul 17, 2019

You should have seen an attorney long before assets were sold. Normally someone has to be appointed personal representative to accumulate and distribute the assets. If the house was in your grandmother's name only there should have been some court order allowing the sale or determining heirs... Read more »

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