Get free answers to your Estate Planning legal questions from lawyers in your area.
Your current state is Virginia
I am concerned about the extent of authority my wife's son has over her decisions, as he has a power of attorney for her. Recently, he decided to place her in an assisted living facility without consulting me, her husband. I'm unsure about the specific terms of the power of attorney,... View More 
answered on May 21, 2025
I am sorry for your struggles, the power of attorney will override the ability of the spouse (you) to make decisions in the State of Florida, you would have to petition the court for guardianship or you would have to get a power of attorney to override and replace the one that the son has in place... View More
I need help with my rights as a beneficiary in relation to my father's trust. My sister claims to have power of attorney and says she's the trustee. She relocated my father to a different care facility and sold the house. She has refused to provide me with a copy of the trust and... View More
answered on May 21, 2025
Consult with a probate litigation attorney right away to protect your rights. Your sister, if she is trustee of your father's trust, has fiduciary duties and obligations under CA law, one of which is to provide all beneficiaries with a copy of the trust. Time is of the essence as the longer... View More
I need help with my rights as a beneficiary in relation to my father's trust. My sister claims to have power of attorney and says she's the trustee. She relocated my father to a different care facility and sold the house. She has refused to provide me with a copy of the trust and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2025
I’m sorry you’re dealing with this. As a beneficiary of a California trust, you have the right to receive a copy of the trust and to request information about how assets are being managed. If your sister is acting as trustee, she has a legal duty to act in the best interests of all... View More
I'm looking for both physical and online resources where I can obtain a free Durable Power of Attorney document in Florida. This document should cover most matters, including financial, healthcare, and personal. I plan to appoint one agent with a second as a backup if the first is unable to... View More
answered on May 21, 2025
Florida went through a lot of changes in recent years and a lot of what you will find online is unreliable and inaccurate, or it will be from another state and Florida financial institutions and other entities will simply reject them and not accept them, so you have to be cautious. Most estate... View More
I am seeking full legal closure of my legal holdings and funds within the United States, which include deeds, trusts, estates, and bank holdings. I face a Power of Attorney dispute, which was created in Newark, New Jersey, New York, and it might be used fraudulently against my holdings. Many U.S.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2025
You need to revoke that power of attorney. Make several original duplicates of the revocation and record them in any appropriate NJ and NY Counties. Also send copies of the revocation to any relevant brokerage houses or other businesses that handle your properties. This revocation should have... View More
I need assistance with the specific language required to remove a designated beneficiary from my bank account to ensure that the funds will be accessible by the estate.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2025
This is not something that you should attempt to do within your estate planning documents; that will not work. You need to go into the bank in person and sign papers to remove the current designated beneficiary and add a new beneficiary.
I need assistance with the specific language required to remove a designated beneficiary from my bank account to ensure that the funds will be accessible by the estate.
answered on May 21, 2025
If it is your bank account and you have a trust, you can change the title of that account from your name to the name of the trust. [Check with your estate planning attorney if you don't know the proper way to title an account to place it into your trust.] If you don't have a trust, you... View More
I have a will and a house currently in a trust. Since remarrying, I want to update my will and ensure my husband is added to the house title, as I wish for him to inherit the house when I pass. I have not consulted a legal or financial advisor yet. My three children are beneficiaries in my will,... View More
answered on May 20, 2025
When you married your Will was automatically revoked so it is very important that you consult with your estate planning attorney to update your documents. When someone has a revocable living trust they also have a Will (we call it a Pourover Will) that directs all probate assets back into the... View More
I have a will and a house currently in a trust. Since remarrying, I want to update my will and ensure my husband is added to the house title, as I wish for him to inherit the house when I pass. I have not consulted a legal or financial advisor yet. My three children are beneficiaries in my will,... View More
answered on May 20, 2025
First, confirm that the deed to your home is in the name of your trust. If so, then you will need to amend your trust to add your husband as a trust beneficiary. If the deed to the home is not in the name of your trust, then you should transfer ownership to your trust, and then amend the trust to... View More
I have an 18-year-old child going off to college, and I want to ensure I can legally assist him if necessary. I'm considering a Power of Attorney for both financial and healthcare decisions to act as a "safety net." I prefer it to be effective immediately and remain in place until he... View More
answered on May 20, 2025
Thank you for being a concerned parent for your adult "child." That's great!
First off, I am a Washington State attorney, and can only address WA questions. If your child is going to school in a different state, your child should prepare documents that will be... View More
If the deed is vested as community property with the Right of Survivorship, and we then transfer the property into a trust, can the trust stipulate that the community property status no longer applies? Additionally, can the initial down payment and its proportional return on the investment be... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2025
Transferring community property (even if titled with right of survivorship) into a trust does not change its community property character unless there’s a valid transmutation agreement signed by both spouses under California Family Code §§ 850–852. However, placing the property into a trust... View More
As a co-executor of my father's estate, my sister has all the paperwork related to his property, which was recently sold. Despite my requests, she refuses to show me any documents. She claims the property sold for a certain amount, but online records indicate it sold for much more.... View More
answered on May 20, 2025
First, check with the Probate Court in the county where your father lived to confirm whether probate was opened. If so, request copies of all of the probate records, including the petition and accounting/reports to the court, if filed. If you are a beneficiary under the will or an intestate heir... View More
I am involved in the sale of undeveloped land in Zachary, Louisiana, which is to be divided among my six siblings and me. We have given a Power of Attorney (POA) to someone to sell the property and manage the finances. However, the financial calculations presented by the POA don't seem... View More
answered on May 20, 2025
More information is needed here ---for example, is the POA actually a POA, and if so, did all 6 siblings give the agent the POA --I ask because if this is a simple POA, then the principal can simply revoke the POA. Or is the POA actually your agent under a contact to provide services----if there... View More
As the personal representative of my mom's estate in South Carolina, I'm responsible for distributing her assets, including two bank accounts totaling $180K, which I held jointly with rights of survivorship. I intend to split these funds 50/50 with my sister, per the will. The estate does... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2025
If you were a joint owner with your Mother then you own the account at her death and the Estate is not involved and does not pass through the Will. Check the signature card carefully. I know there are State taxes in SC, so that is your worry besides possibly a gift tax on the money going to... View More
I'm 67 and live in Maryland, considering marriage. I want to ensure that my assets remain separate after marriage and that my house, currently solely in my name, and my other assets, such as bank accounts, annuities, and employment insurance policies, can be passed to my grown son. There will... View More
answered on May 19, 2025
The ONLY way to achieve what you want is by a pre-nuptial (or post-nuptial) agreement. In the event of your death, a surviving spouse has a statutory elective share against their deceased spouse's estate in the amount of not less than 1/3 of the probate and non-probate assets of the estate if... View More
I co-own a house with one of my sons, and I want to assign my other son as the beneficiary of my half of the joint tenancy. I am considering using a transfer on death deed to pass my ownership to him upon my death. My goal is to ensure that this transfer happens without any negative consequences... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2025
In California, you cannot use a transfer on death (TOD) deed to pass your share of a house held in joint tenancy unless you first sever the joint tenancy. Joint tenancy includes the right of survivorship, meaning your share would automatically pass to the other joint tenant (your son) upon your... View More
I co-own a house with one of my sons, and I want to assign my other son as the beneficiary of my half of the joint tenancy. I am considering using a transfer on death deed to pass my ownership to him upon my death. My goal is to ensure that this transfer happens without any negative consequences... View More
answered on May 18, 2025
First, I would like to explain what the phrase “joint tenancy” means. It’s important.
When people buy real estate, they are always asked how they want to “title” the property. Few people besides real estate professionals and lawyers know how to answer that question. Unfortunately,... View More
Is probate required after the death of my spouse, whom I was married to for 56 years, given that we have a trust and a will in place? Our home property, which we owned for 30 years, is titled in both our names and is not included in the trust. We have two surviving adult biological children who... View More
answered on May 18, 2025
I am very sorry for your loss and please accept my condolences on the loss of your spouse for you and your family at this difficult and sad time. No, probate is not required unless there are any assets in the name of your spouse alone that would need to be addressed via probate, based on what you... View More
I am the executor of my late father's estate, which includes several firearms he intended for me to inherit. My father did not have a formal will, but he provided me with personal writings expressing his wish to pass these guns to me. I am an only child, and my mother is supportive of me... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2025
You are not an executor if no will is probated. Apparently you are the administrator and the heirs own those firearms as personal property of the Estate. Your lawyer needs to tell you who the heirs/next of kin is. Then get the other owners to agree in an Court Order for the firearms to be... View More
In 2013, I drafted a handwritten will for my mother based on what she dictated, and she signed it without any witnesses. She was of sound mind when she signed it. However, it is not truly a holographic will since I wrote it, not her. My mother passed away in September of 2014. Under New York law,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2025
Under New York law, an unwitnessed will, such as the one you described, is generally not considered valid. New York requires that most wills be executed in a specific manner to be legally recognized. According to New York Estates, Powers, and Trusts Law (EPTL) § 3-2.1, a valid will must be:... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
