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Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My sister made me executor of her will, she lived in Indiana, and I live in Florida. Can I use an attorney in Florida?
Jackie Marie Howard
Jackie Marie Howard answered on May 6, 2021

My condolences for your loss. The administration should occur in the State where your sister resided; therefore, you would want counsel licensed to practice law for that location.

1 Answer | Asked in Estate Planning for Michigan on
Q: I inherited an irrevocable trust when my mother died in Sep. 2020. My sister is the executor. But I have no paperwork

I would like to use it as a down payment on a house. However I have no details about the size of the trust or how to ask for some of the money. What paperwork does the trustee or executor have to provide to the beneficiary,?

Thank you

Kenneth V Zichi
Kenneth V Zichi answered on May 6, 2021

It depends on the terms of the trust.

But you SHOULD be able to get a copy of the trust. If indeed you actually are the beneficiary. The trust itself will contain the terms of what you’re able to ask for and how to make the request.

If you don’t understand the terms of the...
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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My sister made me executor of her will, she lived in Indiana, and I live in Florida. Can I use an attorney in Florida?
Anthony M. Avery
Anthony M. Avery answered on May 6, 2021

You should hire an attorney in the State in which the Will is filed for Probate. There may be more than one State the Probate Administration could occur, but proper venue is usually in the County and State where the Decedent resided.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Can I exhume my grandparents' graves?

My grandparents from my father's side have been dead for a very, very long time; my father died also about 15 years ago. I want to exhume my grandparents' graves and resell the plots. My younger siblings oppose to this. I am the oldest of all. Do I have a legal right to do so without... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 6, 2021

Interesting question. However, this is not a family law question. I would suggest that you post either in civil or wills/trusts/estates. The issue may be governed by law, by a will, by the laws of the state of Florida, and/or by a contract with the cemetery. It does not sound like the type of... Read more »

1 Answer | Asked in Estate Planning for Georgia on
Q: In Ga, does my step mom have the right to exhume and cremate my deceased father if she is remarried?

My father has been deceased for 19 years. My step-mom want to exhume his body and cremate him. I am his daughter and I want to see if I have any legal rights to stop her?

My step-mom is currently remarried. Her reason is she doesn't want him there (she pick the place) and she... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on May 6, 2021

As you might imagine, we don't see this issue come up every day. Without doing much research on this, I am providing to you a statue (law) which might mean your mother could be charged with a felony for doing this.

++++++++++++++

OFFICIAL CODE OF GEORGIA ANNOTATED

§...
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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My sister made me executor of her will, she lived in Indiana, and I live in Florida. Can I use an attorney in Florida?
Barry W. Kaufman
Barry W. Kaufman answered on May 6, 2021

No, not unless the attorney is licensed to practice in Indiana. Her Will and the laws governing her probate are all Indiana law; nothing to do with Florida.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: Father died in may of 2020 with no will. We made my brother the administrator of his estate.

My father had an investment account with cash and stocks that he inherited. We have recently divided the cash asset from the account but I have asked to be bought out completely. My brother says it's not possible. I want to know if it is possible or if I can force the sale of the stocks? I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 6, 2021

You need to hire a successions attorney to review the estate management.

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4 Answers | Asked in Estate Planning for Illinois on
Q: At what size Net Worth should I consider a Trust instead of a Will?
Stephanie Sexauer
Stephanie Sexauer answered on May 5, 2021

Hi there,

Congratulations for considering an estate plan! It's so important to do this as soon as you're able, but we know most people don't (which makes their estates ultimately much messier and more expensive when they become disabled or die). I'm assuming you're...
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1 Answer | Asked in Estate Planning, Immigration Law, Real Estate Law and Probate for Missouri on
Q: father died in the middle of a divorce to a woman in South Africa who abandoned her citizenship. Her name was on deed &

She wants to sell the home because she is broke. I live in the home my father owned with her. Do I have any rights to keeping the home? She in her divorce papers and in emails states she had no interest in the property and my father was keeping the property. Is there any law that protects me as his... Read more »

Agnes Jury
Agnes Jury answered on May 5, 2021

My condolences for your father's passing. Unfortunately, this is more of an Estate/Probate and/or family law attorney question than immigration. Best wishes!

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My father passed away. He had nothing except a vehicle worth around $3500. He lived in Florida. Me is NC. I want to se

Car is registered in Florida. I have the title. I keep reading about probate? But there is no estate.

Ben Corcoran
Ben Corcoran answered on May 5, 2021

You would have to probate in FL, and while there may be some lawyers on here that can practice in NC and FL you will have better luck posting in the FL section.

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: I am redoing my will. I am divorced, but I would like to make my former wife the primary beneficiary of my estate.
Michael Cherewka
Michael Cherewka answered on May 4, 2021

From the point of view of your Will, you can leave your Estate to anyone you choose, and in this case you would just no longer reference your primary beneficiary as "my wife".

From a Pennsylvania Inheritance Tax point of view, this is a major change since the tax rate for bequests...
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1 Answer | Asked in Estate Planning for Maryland on
Q: my mother has no living will. can one of my siblings sell the home and inherite the money without recourse.

younger brother lives with mom and she's incapacitated. he's seeking a power of attorney to make all financial decisions on her behalf and possibly sell the dwelling.

Erica A. R. Redmond
Erica A. R. Redmond answered on May 4, 2021

If she is incapacitated then she cannot sign a power of attorney for decisions. A living will does not pertain to assets or disposition of property, only to what happens to your person in certain medical situations while living. Even if your brother were to be the power of attorney for your... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: both parents deceased no paperwork for beneficiaries. What do we do?
Lloyd M. Nolan
Lloyd M. Nolan answered on May 4, 2021

The easy answer is call an attorney and spend an hour determining what your parents left in the way of assets, then follow the attorney's advice. That is the first step.

Often our parents leave a variety of types of assets - life insurance, retirement accounts, investment accounts,...
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1 Answer | Asked in Estate Planning and Probate on
Q: My friends mom left a will she just found it is Notarized it states she should get everything her sons name is on the

House as well as her mothers her son went to the court with the death certificate and had the house put in his name only and had my friend evicted what can she do does she have any right to that home with the will she has

Anthony M. Avery
Anthony M. Avery answered on May 4, 2021

Your friend needs a competent attorney now. The litigation will be difficult and expensive, and time is of the essence. The Will will need to be Probated, and after a title search, the Executor may need to file an Ejectment Action to get the home back to the Devisee. Few attorneys can handle... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Ohio on
Q: Estate buyout agreed upon in Ohio. How long before payment?

Hello,

I have recently entered into an agreement through the courts in Ohio to allow for the other Beneficiary of a house that was left to me in an Estate to buy me out. This person continues to live in the house. The judgment was signed by the judge on April 1st, this year, 2021. The... Read more »

Joseph Jaap
Joseph Jaap answered on May 4, 2021

Check the court order for timing of payments. Then talk to the other beneficiary or the attorney to work it out, or use the Find a Lawyer tab to retain a local attorney to assist you.

2 Answers | Asked in Estate Planning for Virginia on
Q: I have a revocable trust naming my daughter as successor trustee. She is sole beneficiary. I recently discovered that

The sole trustee cannot be the sole beneficiary. Can my designated trustee also be the sole beneficiary?

Nina Whitehurst
Nina Whitehurst answered on May 4, 2021

It is not true that the sole beneficiary cannot be the sole trustee. However, it is true that if you set it up that way, it is virtually impossible to afford the beneficiary any asset protection. If asset protection for her is your goal, then you should name an independent trustee and also take... Read more »

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My farther passed away with no will I have two siblings that are his wife's and I have a different mom Oregon law

States if we all have the some parents she gets all because I have a different mom she gets half and I get the other half is this right

Nina Whitehurst
Nina Whitehurst answered on May 4, 2021

When a person dies leaving a surviving spouse and children, at least one of whom is not by the surviving spouse then the surviving spouse gets half and the decedent’s children ( all of them, not just you) share the other half equally.

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1 Answer | Asked in Estate Planning for Maryland on
Q: my mother has no living will. can one of my siblings sell the home and inherite the money without recourse.

younger brother lives with mom and she's incapacitated. he's seeking a power of attorney to make all financial decisions on her behalf and possibly sell the dwelling.

Mark Oakley
Mark Oakley answered on May 4, 2021

If your mother is mentally competent and the terms of the will and power of attorney express her intentions, then your mother is free to do as she pleases with her assets as well as grant anyone she elects to act on her behalf during her lifetime to carry out decisions for her benefit or as she... Read more »

3 Answers | Asked in Estate Planning for Maryland on
Q: my mother is in the hospital incapacitated. she does not have a will. we're five siblings. we need a power of attorney

mom is physically unable but has retained some cognitive responses. she's unable to speak, only nods her head. we need help from willing attorney to come to the hospital in Germantown.

Mark Oakley
Mark Oakley answered on May 3, 2021

If she’s mentally competent she can sign a will and powers of attorney (Health Care POA and financial/general) but it gets tricky organizing witnesses and a notary public (for the POA) at a Hospital during covid. It can be done. Contact an experienced attorney who is willing to make Hospital visits.

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