Estate Planning Questions & Answers

Q: i am the beneficiary of a policy for my deceased brother check was issued but to his estate why would this happen?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Mar 30, 2017

Since your brother passed in Illinois, then Illinois law would apply. Please repost your question in Illinois.
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Q: If someone died n left money for u in an estate can u authorize the withdrawal or transfer to b in someone else's name

2 Answers | Asked in Estate Planning and Family Law for New York on
Answered on Mar 30, 2017

You can take your distribution in any manner the executor is willing to do it, as a matter of probate law. When you say "client", if you are a lawyer there are rules that apply. Also, no one based on your post can say what internal rules govern your job.
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Q: In NM can a personal lender inspect the property after sale in 2008 till now? Must they give a notice?

1 Answer | Asked in Estate Planning for New Mexico on
Answered on Mar 30, 2017

Typically mortgage companies and banks that make home loans put language in their mortgages that they have a right to inspect their collateral (the house) periodically and that you as borrower and mortgagor consent to it. The mortgage may even have language that makes it an event of default to deny the mortgagee the right to inspect. So you should have an experienced real estate attorney in your area review your mortgage and advise you of your rights under the mortgage and local law, and do...
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Q: father died over a year ago in florida, i live in ohio.

1 Answer | Asked in Estate Planning and Family Law for Florida on
Answered on Mar 30, 2017

Something like this is possible, but you really need the advice of an attorney in Florida.

By "administrator" she may mean personal representative of your father's estate. You could apply to the court to be appointed be PR. Alternatively, your father may have set up a trust and appointed you as the trustee.

In any case, as I have noted, don't sign the papers until they have been reviewed by an attorney.
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Q: Can my brother transfer my deceased dads bank account into his own personal account without being appointed executer?

1 Answer | Asked in Estate Planning for Oregon on
Answered on Mar 29, 2017

One does not need to be an executor to move money from one bank account to another if one is listed on both accounts as an account owner or if one is listed as a POD (pay on death) beneficiary. Most likely your dad had added your brother to his account to give him access. That was probably with the intent that your brother help him manage his financial affairs, not to leave the money to your brother at his death. The bank has no way of knowing what your father's true intent was in adding your...
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Q: If I was the beneficiary on my grandmothers life insurance can I transfer the deed on her home into my name?

1 Answer | Asked in Estate Planning for Texas on
Answered on Mar 29, 2017

No. Being named the beneficiary on the life insurance policy entitles you to the life insurance policy money. To be entitled to the home, you must (1) be on the deed "joint with right of survivorship" or (2) be named in (a) a Transfer on Death Deed or (b) a General Warranty Deed Reserving an Extended Life Estate a/k/a a "Lady Bird" Deed (3) be willed the home in a Will or (4) be the only heir.
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Q: What if the will left one sibling a dollar and the other the whole estate

1 Answer | Asked in Estate Planning for Texas on
Answered on Mar 29, 2017

In Texas a person can divide the property they leave however they like. They can even specifically disinherit someone.
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Q: My deceased fiance lived with me in my house. Can I legally remove her property to storage so estate rep. can access?

1 Answer | Asked in Estate Planning on
Answered on Mar 29, 2017

That sounds like one reasonable way to accommodate the Personal Representative but BEFORE you provide access to the things, I'd verify the Court has actually appointed the sister as Personal Representative by asking to see the letters of authority or other court orders.

Frankly, you're being a tad generous by paying the first month's storage, but that is a 'nice gesture' in my book so even though it is more than you need to do, I think it shows some class.

Jointly purchased...
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Q: From Ariz. Rev. 14-3971 I need to do an affidavit to take care of my Fathers estate. Do I need to be in AZ to do this?

1 Answer | Asked in Estate Planning for Arizona on
Answered on Mar 29, 2017

Repost under Arizona. Many states require that the executor be resident or appoint a resident.
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Q: My farthers long time girlfriend (over 40y) passed away. How can I find out if she left me anything from her family?

2 Answers | Asked in Estate Planning and Family Law for New York on
Answered on Mar 29, 2017

File a petition in Probate court.
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Q: My step father has unclaimed money to chase bank. Recently my mother passed away. The bank is now asking let of autho.

2 Answers | Asked in Estate Planning and Probate for California on
Answered on Mar 28, 2017

Letters of Authorization are issued through probate proceedings. If the assets sitting outside the living trust (ie not titled in the trust name) cumulatively are over $150,000 then a probate is needed and; therefore, Letters of Administration. If the assets sitting outside the living trust is less than $150,000 then we can utilize a Small Estate Affidavit in lieu of Letters of Administration.
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Q: On a Life Estate Deed, who must pay prop. taxes, ins., and maintenance if neither the owner or tenant are in residence?

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Answered on Mar 28, 2017

It really doesn't matter who resides there. The LIFE ESTATE owner is responsible for current expenses. If your stepmother does not want to pay, she should quit claim here interest to you so you can sell the property or rent the place to make sure there is income to pay expenses during her lifetime.

And by the way, both YOU and your stepmother "OWN" the property. She owns the life estate and you own the remainder interest if I read your question properly. Seek local legal help about...
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Q: Hi :?is a probate court choose an Admin Ad Litem and will s/he ask the p's to submit their evidence/undue influence andw

1 Answer | Asked in Estate Planning, Elder Law and Probate for Florida on
Answered on Mar 28, 2017

The judge will probably make the appointment, but you could certainly ask to be involved in the process. The judge should enter an order providing how the administrator ad litem will be paid.
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Q: MY ,MOTHER IS LEAVING HER HOUSE TO ME IN HER WILL. IF SHE GOES INTO A NURSING HOME, WILL THEY TAKE THE HOUSE FOR PAYMEN

1 Answer | Asked in Estate Planning and Elder Law for Florida on
Answered on Mar 27, 2017

Elder Law or Medicaid Planning Law in Florida is a very specialized area. You should seek the advice of an elder law attorney to explain this issue to you in greater detail than I can explain here in this forum.

However, so long as you do not rent your mother's house to someone who is not an heir (not a child or a grandchild, for example) or so long as her will does not direct the PR to sell her homestead when she dies, then even though she is in a nursing home, she will be able to...
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Q: Can family members get access to an estate before an inventory of the assets is done?

1 Answer | Asked in Estate Planning for Florida on
Answered on Mar 27, 2017

Personal property of a decedent can be taken by family or anyone who can get physical access to the decedenta home or where the property is located. ie: jewelry, furniture ect.

Unfortunately all to often family can swarm in and take property that they are not entitled to. It does not make it legal.
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Q: My father passed and owes 3500 in cc debt. I filed for PR through probate- all he has is 2 pd off cars . Can they take?

1 Answer | Asked in Estate Planning and Probate for Michigan on
Answered on Mar 27, 2017

If the cars were worth less than 60k total you may not have had to file probate in the first place. Why did you do so? Without seeing the whole situation in total it is hard to say what may happen, but yes, an unsecured creditor CAN reach assets (such as a 'free and clear' car) through probate. You really need to bring all the paperwork into a local probate attorney to review to see what you can claim as 'exempt' or 'priority claims' to determine what if anything you can salvage here if indeed...
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Q: Can you rent a house in the state of Georgia without the deed?

1 Answer | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for Georgia on
Answered on Mar 27, 2017

The deed is not usually attached to a lease. Are you asking can you rent out a property you don't own? The answer to that is 'no' unless the owner hires to you act as his/her agent to handle the rental.

It is unclear what you are really asking here ...

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal...
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Q: Can a notary in Puerto Rico write up a will or does it have to be done by an attorney?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Mar 27, 2017

Was it a notary public or a civil law notary? Apparently Puerto Rico, although a U.S. possession, does have civil law notaries, who can write wills.

But the important question is whether the will is effective. You have posted this question in the Florida law section, so I am assuming you want to know if the will can be admitted to probate in Florida. If it was executed with the formalities required of wills in Florida, yes, it probably can.
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Q: I'm an heir to estate ,how do I know if excutor filed it with the courts .and how much the estate is worth ? In NC..

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for North Carolina on
Answered on Mar 26, 2017

If it went through probate and you didn't receive anything - you are likely not an heir. However, yu can hire a attorney to look into it for you.
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Q: If I put a house valued at $7.0M with a $4.0M mortgage into a bypass trust, is my heir subject to estate

2 Answers | Asked in Estate Planning for California on
Answered on Mar 25, 2017

It is difficult to respond to your question without knowing considerably more information. Generally speaking, however, placing any asset into a bypass trust that may substantially increase in value, can cause a loss of step-up in basis at the time of the death of the second individual who created the trust. As you are in the range of a potentially Federal taxable estate, there is no question that you you should consult with an experienced estate planning attorney who has experience in...
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