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Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Oklahoma on
Q: So if a policy was designated in 1986 this can not be used correct?
James Tack Jr
James Tack Jr answered on Mar 3, 2021

It is not clear what your question is. What kind of policy, what is the designation, and what are you using it for?

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Probate for Texas on
Q: How to get my name on the deed to my dads house after his passing

My father and I had lived in this home since I was 6 years old. He got married in 2014 and he was renting to own the home. when the payments were completed they put the house in my step moms name and now my father has passed away. I called the tax office and they are not listing me or my brothers... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 3, 2021

Hire a local probate attorney to file an application for succession.

2 Answers | Asked in Estate Planning for Florida on
Q: Does the Successor Trustee have to provide an accounting once per year to a beneficiary of a voluntary trust?

The trust in question was set up by my wife who was found to be incompetent by two physicians and replaced by the Successor Trustee. I am a beneficiary of the Trust. The successor Trustee says that she need not provide an accounting unless my wife predeceases me. Is she correct?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 3, 2021

I think that it would depend on if you could make a credible argument that the trust has become irrevocable due to the incapacity of the grantor and thus you are now a qualified beneficiary who has a right to an annual accounting even though the grantor is still living. I would recommend that you... Read more »

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1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: My mom passed away and I need leagal advice on where to start to get things sorted out.
William Bailey
William Bailey answered on Mar 3, 2021

You should contact a probate attorney directly.

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: I don't want my sister in law as my family since my brother just died. Is this legal in Michigan? If so, how do I do it?
Michael Zamzow
Michael Zamzow answered on Mar 3, 2021

The short answer: you'll want to speak with an estate planning attorney.

If you want to disclaim whatever rights you might have to your brother's estate, you'll need to take some affirmative steps. If you want to exclude your sister in law from your estate you might need to...
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2 Answers | Asked in Estate Planning and Probate for California on
Q: I want to prepare a peition to determine succession to real property, but I am worried about the fees

My dad's estate consists primarily of his 1/3 of our family house (mom lives with us; all our names are on the deed as TIC (line to vest title was left blank) and two cars in his name. I want to use the petition to transfer the titles into my name since I'm listed as the sole beneficiary,... Read more »

David Ostrove
David Ostrove answered on Mar 2, 2021

It may not be a difficult or expensive situation. You need to talk to a tax lawyer. YOU Can probably transfer title to the cars without any lawyer or court involvement. The 1/3 interest in the house; depends how title is held. Have a short discussion with a tax lawyer. It may not be as bad as you... Read more »

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3 Answers | Asked in Estate Planning for California on
Q: Is my grandmother the sole mortgagee of the house now?

My grandfather passed away. He and my grandma were the two mortgagors (borrowers) to the home my grandma lives in now. The house is in CA a community property state, however the house is not paid off. What do we have to do to ensure she keeps the house.

James Edward Berge
James Edward Berge answered on Mar 2, 2021

Nothing. If she was the borrower, she’s still the borrower. If the house was the collateral, the house is still the collateral. There’s not even the need to inform the lender of the borrower’s death. Just keep the loan paid current and everything will be just fine.

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3 Answers | Asked in Estate Planning and Probate for California on
Q: I'm in Calif. and I'm doing a Revocable Living Trust. My grown kids are Trustees. Do they have to sign this doc?

I'm confused about how many people need to be in front of my Notary Public. My wife and I as "Grantors" - OK .

My grown kids ??? Both of them are named in the document as Successor Trustees or just trustees. Please specify if all of need to be present in front of the Notary during the signing.

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Mar 2, 2021

Grantors and Trustees.

Nobody else gets a say in the matter.

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: i am my grandmother's heir at law. Her son, my father, was deceased before my grandmother.

He was not named in the will. Am i entitled to inherit anything from my grandmother's estate as heir at law?

Also, am I required to sign the petition to probate will?

Homer P Jordan IV
Homer P Jordan IV answered on Mar 2, 2021

You should consult with a probate attorney who can review the facts of your case in detail and provide you with guidance.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I need guidance creating a power of attorney along with other end-of-life affairs with respect to me and my mother.

I need guidance creating a power of attorney along with other end-of-life affairs with respect to me and my mother.

Mom is in her 80's and we first need a power of attorney to be recorded so that I may legally manage all her finances/accounts as well as update her Last Will &... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 2, 2021

Look for a local estate planning attorney that offers a free consultation. These are all good questions that should be discussed and explained verbally.

1 Answer | Asked in Divorce, Estate Planning and Family Law for Tennessee on
Q: I've been divorced many years but have never recieved my half of assets that were in judgement.

I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Hopefully you also had a Qualified Domestic Relations Order in addition to your Divorce Decree. Without it there is probably little hope of ever receiving anything from a Retirement Plan. Annuities are a whole separate problem as you have to sue each administrator/trustee in whatever State... Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: My mother died. She was not married. I'm the only child. how do I get access to her bank account/financials?

Mother was a NC resident and died in NC. I am a NJ resident. I was told I need a letter of testimentary in order to gain access to her account. When I started to fill out the application for this letter, one of the questions it asks is the account balance of her bank account. I don't have this... Read more »

Noel Rivers
Noel Rivers answered on Mar 2, 2021

Please be advised that I am not an attorney in North Carolina so I am unable to give you legal advice.

If your mother died in New Jersey I would tell you to contact the surrogate’s court in the county where your mom died and ask for assistance. Some surrogate courts have a website as...
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2 Answers | Asked in Energy, Oil and Gas and Estate Planning for Oklahoma on
Q: My mother passed away with a trust. She put her mineral rights in the trust. The attorney who created her trust has

Passed away as well. The law firm told me that the attorney put the wrong legal description on her mineral rights. Is the law firm responsible for correcting this for me?

James Tack Jr
James Tack Jr answered on Mar 2, 2021

The liability of the law firm could depend on a number of factors that are not revealed in your question: The nature of the mistake and how it occurred. Any complicity in the mistake by your mother. How long ago this happened. The relationship between the firm and the attorney. If you... Read more »

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3 Answers | Asked in Estate Planning for Illinois on
Q: My mother passed away with an irrevocable family trust. Under the terms I am the beneficiary. How do I get assets?

My father is executor and for two years has refused to give me info unless I sign 1/2 to him. This was from my grandparents estate. What actions need to be taken?

Stephanie Sexauer
Stephanie Sexauer answered on Mar 1, 2021

Hi there,

To start off, I'm really sorry to hear you're going through this. From what you say, it sounds like your father is wrongfully withholding/assets from you. I'd be happy to speak with you about some options, if you'd like to give me a call at (312)300-4743 or...
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1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Kansas on
Q: Who has the legal rights to own the possessions of a deceased roommate if said roommate has no family?

My friends housemate passed away recently. They lived together for about 10 years in one house (owned by the living housemate) in Missouri. The deceased had no family at all that were living, except for one estranged brother who may be in prison, whereabouts unknown and no will made out. The... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 28, 2021

A Kansas attorney could advise best here, but your post remains open for four weeks. At this point, you might not want to lose more time waiting for a response in a different legal category, but this is something that attorneys in the Probate and Estate Planning categories would have the most... Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: Is there any way to get around buying a sibling out of a property, in a situation where there is no will?
Moshe Toron Esq
Moshe Toron Esq answered on Feb 27, 2021

If there is no will, then all siblings inherit equally. If one does not buy out the others or if the property is not sold, then they all end up owning the property equally, as tenants in common, with equal rights to inhabit the home.

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1 Answer | Asked in Estate Planning for California on
Q: WFB and BBVA Bank won't give me basic information on accounts. I am Executor of Estate and Successor Trustee of Trust.

My Friend was a CA resident and died on 2/4/2021. I have given them Death Cert. and Trust Cert. Accounts were in his individual name not in the trust. Why can't I get information from them?

Carol A Fauerbach
Carol A Fauerbach answered on Feb 27, 2021

Your powers as Trustee will not allow you to access information for accounts outside of the Trust. Your powers as Executor are only used for assets in the probate estate. A probate estate contains assets that are not owned by a trust, not jointly owned by another person who survived your friend,... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: Good morning I have a question about my recent filings i had filed quit claim deeds and an executors deed.

But the attorneys are telling me that i filed it into a trust how do you file with placing it into a trust? Is there another system that we would have to go through? My client is wanting to sale her home but she has 11 siblings and her mother is the executor of the estate. The attorneys are... Read more »

Michael David Birchmore
Michael David Birchmore answered on Feb 26, 2021

You have referred to the owner as being "my [your] client." If you are representing someone in a legal matter you must be properly licensed to practice law in the state of Georgia. Only licensed attorneys may do what you have described. You should be very careful as you decide your... Read more »

2 Answers | Asked in Estate Planning for California on
Q: California - my mother plans to leave me her house (paid-off) when she dies, what taxes will I need to pay when I sell?

She's setting up her estate planning with a lawyer in Nevada where she lives.

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Feb 26, 2021

None. Ish.

When she passes the house to you, it gives you a stepped up basis with regard to capital gains taxes. Her tax basis was what she paid but yours will be what the value was when she died (good for you financially). So you will only be taxed on any gain from the date of her...
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2 Answers | Asked in Estate Planning for Arizona on
Q: How do I go about writing a will in this situation?

I am a middle aged woman who is receiving SSI, and I would like to write a will. Upon my death, I plan on giving all of my household goods to a thrift store, and I would like to place money on the side to pay for any outstanding debts. Also, I am concerned about my personal information regarding my... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Feb 26, 2021

It is always tricky drafting legal documents without the assistance of a professional. I recommend talking with an experienced estate planning attorney or at minimum a certified legal document preparer. He or she can help you get squared away. Have a wonderful day!

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