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Estate Planning Questions & Answers
Q: NC Elective share-When served with an elective share petition from the surviving spouse, and you have no defense,
1 Answer
| Asked
in
Estate Planning, Family Law and Probate
for
North Carolina
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Charles Evan Lohr's answer
You do not have to respond if you believe you don't have any defense, however, there are often property valuation issues that come up in these types of cases. I'm glad to discuss if you'd like.
Thank you,
Evan Lohr
Attorney
(919)348-9211
evan@lohrnc.com
You do not have to respond if you believe you don't have any defense, however, there are often property valuation issues that come up in these types of cases. I'm glad to discuss if you'd like.
Thank you,
Evan Lohr
Attorney
(919)348-9211
evan@lohrnc.com
Q: can a family member give a Notice To Quit when I don't pay rent.
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Landlord - Tenant
for
Texas
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Q: How do I handle handle bank accounts that do not have a living benficiary listed ?
Joseph Jaap's answer
The accounts are assets of their estates, and will pass either as directed in their wills, or according to Ohio law to their children. Depending on the amount of money in the accounts, you might be able to file a simplified probate for each of your parents' estates. Ohio law provides a fee for the executor to be paid from the proceeds of the estate. Use the Find a Lawyer tab to consult an attorney in the county in which your parents were living, to review the facts and circumstances and...
The accounts are assets of their estates, and will pass either as directed in their wills, or according to Ohio law to their children. Depending on the amount of money in the accounts, you might be able to file a simplified probate for each of your parents' estates. Ohio law provides a fee for the executor to be paid from the proceeds of the estate. Use the Find a Lawyer tab to consult an attorney in the county in which your parents were living, to review the facts and circumstances and...
Q: How long do you have to disclaim inheritance in Indiana? What if you are one of 3 trustees out of 5 beneficiaries?
Alexander Florian Steciuch's answer
Disclaiming and inheritance is not the same as renouncing your position as an executor or a trustee. You can disclaim a part or whole of an inheritance. You can refuse to serve as the executor and choose to stay on as trustee. It is not an all or nothing situation.
Disclaiming and inheritance is not the same as renouncing your position as an executor or a trustee. You can disclaim a part or whole of an inheritance. You can refuse to serve as the executor and choose to stay on as trustee. It is not an all or nothing situation.
Q: What kind of Lawyer do I need to set up DAV and VFW along with any surviving nieces and nephews as beneficiaries?
Brent T. Geers' answer
Are you trying to establish a post chapter as a nonprofit? If you're wanting to set up a DAV or VFW post, you need to coordinate with those organizations as you'll need a charter from them to proceed. If you want to set up your own nonprofit, you may, but nonprofits cannot have individual beneficiaries - any remaining proceeds would need to be donated to a legitimate nonprofit.
Are you trying to establish a post chapter as a nonprofit? If you're wanting to set up a DAV or VFW post, you need to coordinate with those organizations as you'll need a charter from them to proceed. If you want to set up your own nonprofit, you may, but nonprofits cannot have individual beneficiaries - any remaining proceeds would need to be donated to a legitimate nonprofit.
Q: what does she need to do now?
Terry Lynn Garrett's answer
If your friend thinks she is in further need of legal representation, she should contact the local probate court. Lawyers have a form to file with the court when they take over a deceased lawyer's practice. If this is a dependent administration, there are further steps she must take. If this is an independent administration, she should at least get a Receipt and Release in exchange for the checks. She must also file the 1040 and perhaps a 1041.
If your friend thinks she is in further need of legal representation, she should contact the local probate court. Lawyers have a form to file with the court when they take over a deceased lawyer's practice. If this is a dependent administration, there are further steps she must take. If this is an independent administration, she should at least get a Receipt and Release in exchange for the checks. She must also file the 1040 and perhaps a 1041.
Q: How solid is the “My 5 Wishes”?
Charles Evan Lohr's answer
My condolences on your situation. In this case, since there was no will, North Carolina's intestacy rules will dictate how your fiance's assets are distributed. You may be able to be appointed administrator of the estate, especially if the child will agree that you should serve. Handling probate appropriately can be very difficult - feel free to contact me to discuss further.
Evan Lohr
Attorney
(919)348-9211
evan@lohrnc.com
My condolences on your situation. In this case, since there was no will, North Carolina's intestacy rules will dictate how your fiance's assets are distributed. You may be able to be appointed administrator of the estate, especially if the child will agree that you should serve. Handling probate appropriately can be very difficult - feel free to contact me to discuss further.
Evan Lohr
Attorney
(919)348-9211
evan@lohrnc.com
Q: What can a lawyer do to get the tax returns for a beneficiary of a trust. My sister was POA since 2012 we have no tax re
Trent Harris' answer
A person who is a qualified beneficiary of a trust in Michigan does have the right to obtain certain information about the trust. The fact that you have not received any information from your sister may mean that you are not a qualified beneficiary. Also, it does not necessarily mean that your sister has done anything wrong. If you would like to know more about your specific situation, you should contact a qualified lawyer to look over your unique facts and circumstances.
A person who is a qualified beneficiary of a trust in Michigan does have the right to obtain certain information about the trust. The fact that you have not received any information from your sister may mean that you are not a qualified beneficiary. Also, it does not necessarily mean that your sister has done anything wrong. If you would like to know more about your specific situation, you should contact a qualified lawyer to look over your unique facts and circumstances.
Q: My sister had POA for my nana's trust in 2012 she has not given all documents as to an inventory list or where the mone
Kelli Y Allen's answer
You are going to need to hire and estate planning or elder law attorney to assist with this matter.
You are going to need to hire and estate planning or elder law attorney to assist with this matter.
Q: Does a will have more legal authority than ownership?
Terrence H Thorgaard's answer
If the will is admitted to probate (i.e.: a petition filed with the court), and the property is distributed to you in the probate proceeding, it would be yours (assuming the decedent owned full title at the time of his or her death); and not the relative's. If so the relative couldn't charge you rent, evict you, etc. But your question is ambiguous; is the decedent leaving the home to you or to the other person (the "relative")?
If the will is admitted to probate (i.e.: a petition filed with the court), and the property is distributed to you in the probate proceeding, it would be yours (assuming the decedent owned full title at the time of his or her death); and not the relative's. If so the relative couldn't charge you rent, evict you, etc. But your question is ambiguous; is the decedent leaving the home to you or to the other person (the "relative")?
Q: Dad passed away 10 yrs ago. Left a trust for Mother and 4 daughters with spouses also named on trust. 1 sister passed,
Douglas Lee Bryan's answer
You will need to have an attorney review the trust documents and consult with you in person. This is not the type of question that can be answered in a forum such as this. The way the trust is written will likely determine the answers to your questions.
You will need to have an attorney review the trust documents and consult with you in person. This is not the type of question that can be answered in a forum such as this. The way the trust is written will likely determine the answers to your questions.
Q: 2 names listed on title but manner in which title is held is one name SOLELY
Nicole M. Camporeale's answer
From the facts you've provided, it seems as though your mom is a co-borrower on the loan/mortgage but is not a co-owner of the property itself. While this is beneficial for you, it is less beneficial for your mom. I would recommend consulting with the real estate attorney that handled your refinance so he/she can provide an accurate answer based specifically on your situation as they have first hand knowledge of your closing, while I do not.
I believe this would mean that if you died,...
From the facts you've provided, it seems as though your mom is a co-borrower on the loan/mortgage but is not a co-owner of the property itself. While this is beneficial for you, it is less beneficial for your mom. I would recommend consulting with the real estate attorney that handled your refinance so he/she can provide an accurate answer based specifically on your situation as they have first hand knowledge of your closing, while I do not.
I believe this would mean that if you died,...
Q: Can a daughter who was given DPOA for her Father be given the authority too change her fathers Will without him?
Trent Harris' answer
No. The ability to make a person’s will can’t be delegated. But if the language of the DPOA allows for it, a DPOA could allow for a trust to be made instead, which could achieve the same goals.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on information you get from internet discussion boards such as this one.
No. The ability to make a person’s will can’t be delegated. But if the language of the DPOA allows for it, a DPOA could allow for a trust to be made instead, which could achieve the same goals.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on information you get from internet discussion boards such as this one.
Q: I have a deceased Father that I just learned about through DNA. The family is not forthcoming in any information .
1 Answer
| Asked
in
Arbitration / Mediation Law and Estate Planning
for
Indiana
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
James Whitney's answer
I can relate as I found my biological father through a combination of DNA and paper trail research long after he had deceased.
Unfortunately, those in our situation have no legal rights as heirs or children without initiating steps to solidify our status as a child of the father we found.
For my part, I filed a petition in court for a name change to include my biological father's name in my name. Thus, my name now, by court order, is Arthur James Wilcox Whitney. This has...
I can relate as I found my biological father through a combination of DNA and paper trail research long after he had deceased.
Unfortunately, those in our situation have no legal rights as heirs or children without initiating steps to solidify our status as a child of the father we found.
For my part, I filed a petition in court for a name change to include my biological father's name in my name. Thus, my name now, by court order, is Arthur James Wilcox Whitney. This has...
Q: Does my mom have to sell my dad's estate after probate? He had 3 kids prior to marrying my mom & they then had 4 kids.
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Colorado
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Donald C Eby's answer
It is not likely that a probate under these facts will result in a forced sale. But, if the estate is contentious, i.e. someone wants money, your Mother should hire an attorney to assist and defend her.
It is not likely that a probate under these facts will result in a forced sale. But, if the estate is contentious, i.e. someone wants money, your Mother should hire an attorney to assist and defend her.
Q: Does my sister have to give me my mother's(father died 3 months earlier) probate lawyers name?
Phillip William Gunthert's answer
Yes, she should, unless she is trying to hide something. A Probate Attorney does not represent the beneficiaries but rather represents the Personal Representative and the Estate of the Deceased, this does not necessarily include the best interest of the beneficiaries. Therefore, you may or may not get many responses or much information from the attorney without your own representation by legal counsel. As a courtesy as well as a real obligation, any attorney doing a probate should keep all...
Yes, she should, unless she is trying to hide something. A Probate Attorney does not represent the beneficiaries but rather represents the Personal Representative and the Estate of the Deceased, this does not necessarily include the best interest of the beneficiaries. Therefore, you may or may not get many responses or much information from the attorney without your own representation by legal counsel. As a courtesy as well as a real obligation, any attorney doing a probate should keep all...
Q: Transfer on Death Deed- if the creation of this law was meant to easily transfer property to beneficiaries
Ali Shahrestani, Esq.'s answer
See: http://www.canhr.org/factsheets/medi-cal_fs/PDFs/FS_TOD_NeedToKnow.pdf
Perhaps that may provide some initial guidance to you on how TODs work. Maybe there was an error made somewhere along the line? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...
See: http://www.canhr.org/factsheets/medi-cal_fs/PDFs/FS_TOD_NeedToKnow.pdf
Perhaps that may provide some initial guidance to you on how TODs work. Maybe there was an error made somewhere along the line? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...
Q: I HAVE HAD A GENERAL POA SINCE APRIL 2002 FOR MY MOTHER THAT IS RECORDED IN FULTON COUNTY GEORGIA.
Kelli Y Allen's answer
Usually when a new POA is written, previous POAs are revoked. If that is the case, your authority as agent under the 2002 document would no longer be valid.
Even if you are (or later become) agent, you have no authority to modify your mother's will. So no, you can not change the executor.
Usually when a new POA is written, previous POAs are revoked. If that is the case, your authority as agent under the 2002 document would no longer be valid.
Even if you are (or later become) agent, you have no authority to modify your mother's will. So no, you can not change the executor.
Q: Is my will from WA good in NM.
Kelli Y Allen's answer
As long as the will was valid and complied with all legal requirements in the state where it was written (witnesses, notary, etc.), all other states should recognize it as a valid will.
As long as the will was valid and complied with all legal requirements in the state where it was written (witnesses, notary, etc.), all other states should recognize it as a valid will.
Q: i am a heir to my aunts trust,i inherited $90K. the lawyer is requesting my ss# number. must i give it 2 him?
Ben F Meek III's answer
Ask him the purpose for his needing to know. Most likely it is so the Trust can report the distribution of funds to you on IRS Form 1099. That would be a legit reason for needing to know.
Ask him the purpose for his needing to know. Most likely it is so the Trust can report the distribution of funds to you on IRS Form 1099. That would be a legit reason for needing to know.
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