Estate Planning Questions & Answers

Q: My father passed away without a will in the state of Georgia

1 Answer | Asked in Family Law, Estate Planning and Probate for Georgia on
Answered on May 27, 2018
Robert W. Hughes Jr.'s answer
She can access any accounts on which her name appears. Likewise, she can access the units if her name is on the storage unit rental. If it is not, you can send the storage facility a copy of his death certificate and ask them to restrict access until an Administrator is appointed. You and your siblings should file to have one of you appointed as administrator of the estate. The spouse will be entitled to 1/3 of the estate plus any accounts on which her name appeared plus an amount for year's...
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Q: My grandparents both had legal custody of me, do I have any rights to my grand father?

1 Answer | Asked in Child Custody, Child Support, Family Law and Estate Planning for Florida on
Answered on May 26, 2018
Terrence H Thorgaard's answer
Are you asking about the right to inherit from your grandfather? His estate goes to his descendants, which would include your uncle and any other of your grandfather's children, as well as to his grandchildren.
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Q: My uncle passed away last July.he owns 2houses the one he lived in and I live in the other one with my kids for 10 years

1 Answer | Asked in Estate Planning for Ohio on
Answered on May 25, 2018
Moshe Toron Esq's answer
If someone dies without a will, then this is what is known as dying "intestate." In that case, his closest next of kin will inherit his property. In general, the order is, wife and kids, then grandkids or more remote descendants. After that, is his parent(s) if living, then his siblings (or their descendants if deceased.)
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Q: Advice on summary administration. Two beneficiaries one being the trustee. After 3 years, trustee will not settle case.

1 Answer | Asked in Estate Planning and Probate for Florida on
Answered on May 25, 2018
Terrence H Thorgaard's answer
I assume that this trustee is also the personal representative. If you want to go to court to require him to perform his duties properly, you probably should find another attorney, one who is willing to do what needs to be done.
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Q: My wife passed away earlier this year. She had no joint accounts with me, her husband. She also left no will. Under the

1 Answer | Asked in Banking, Estate Planning and Probate for California on
Answered on May 25, 2018
John B. Palley's answer
Please understand I am giving general information here and you should consult with an attorney for specifics. I would say it depends on if the accounts were "community property" or "separate property." CP is generally monies earned by either of you, during marriage, from your work, assuming no pre or post nuptial agreement is in place. If CP I would say you are entitled to 100%. SP would be other money. If one kid it's 50% to kid and 50% to you. If more than one kid it's 1/3 to you and 2/3...
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Q: I recently bought an apartment unit. We want to renovate the apartment and what are my right?

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Answered on May 25, 2018
H. Scott Aalsberg Esq.'s answer
You would need to pay a lawyer to review the condominium bylaws in order for a lawyer to tell you what your rights and liabilities are. Every condo has different rules.
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Q: My Dad lived & died in NJ, I live in CO, which state do I need to get an attorney?

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Answered on May 24, 2018
Timothy Canty's answer
New Jersey. If he owned property in Colorado, you will need legal help here also.
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Q: My brother, who lived in Maryland, was due to inherit part of our dads estate but he died before disbursement.

1 Answer | Asked in Estate Planning for New York on
Answered on May 24, 2018
Michael David Siegel's answer
It goes to your brother's estate. What MD law requires is your sister in law's responsibility as Executor of his estate in MD.
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Q: Can my Dad's astranged wife kick me out? Or take control of my dads estate?

1 Answer | Asked in Estate Planning, Family Law and Probate for Maine on
Answered on May 24, 2018
Robert Guillory Esq's answer
First you need to see if he left a will. if so did he name a personal representative, if he did it was probably his wife unless he changed his will after filing for divorce. Second you need to check how the real estate was held ie joint tenants or tenants in common. If joint tenants as most people do then she owns the entire amount of the real estate and can evict you thorugh the court. If it was not joint tenants then you may be part owner and she may not be able to use the eviction process....
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Q: Single no children. If I die, what do I need for immediate action on my pets?

1 Answer | Asked in Estate Planning for Florida on
Answered on May 24, 2018
Terrence H Thorgaard's answer
I suggest that you put something in your living will requesting that your niece be immediately notified, so that she can pick up the pets. As far as the other personal items are concerned, strictly speaking that would be the responsibility of the personal representative named in your (standard, not "living") will. You might want to make arrangements with the bank for the accounts; normally this would be making the niece a joint account holder with you.
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Q: I am being thrown out by step mother and my father has dementia. They both own the property jointly. Do I have rights?

1 Answer | Asked in Estate Planning, Family Law, Landlord - Tenant and Probate for California on
Answered on May 22, 2018
Richard Samuel Price's answer
Unfortunately, if you don't have an ownership interest in the house, then you are a tenant and the proper way to terminate your tenancy is with a 60-day notice.
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Q: My mother had an amendment to her living trust notorized, but county rejected it. What should I do now?

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for California on
Answered on May 22, 2018
Sally Bergman's answer
An attorney would have to review the amendment, as well as the living trust to determine if the amendment is valid. It would also depend upon many other circumstances that you need to discuss with an elder law or probate attorney.
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Q: Tax question for Medi-Cal Qualifying Trust in California

1 Answer | Asked in Estate Planning, Tax Law and Elder Law for California on
Answered on May 22, 2018
Sally Bergman's answer
These types of irrevocable trusts are typically set up as "grantor" trusts which means that they remain under the Social Security number of your mother and the income is taxed to her. I hope this is not something you are trying to set up yourself as they are typically only prepared by qualified Elder Law attorneys. As well, if she does not need to immediately qualify for long term care Medi-Cal benefits, an irrevocable trust may not even be needed as in California we have many different...
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Q: I have a vacation house in Florida. To put it in a trust would I do so under Florida law or Massachussetts?

1 Answer | Asked in Estate Planning for Massachusetts on
Answered on May 22, 2018
John Espinosa's answer
There may be good reasons to do one over the other depending on the circumstances and your needs.
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Q: I live in California and want to set up a Medi-Cal qualifying trust for my mom's assets, have tax question about it

1 Answer | Asked in Estate Planning and Tax Law for California on
Answered on May 21, 2018
Sally Bergman's answer
These types of irrevocable trusts are typically set up as "grantor" trusts which means that they remain under the Social Security number of your mother and the income is taxed to her. I hope this is not something you are trying to set up yourself as they are typically only prepared by qualified Elder Law attorneys. As well, if she does not need to immediately qualify for long term care Medi-Cal benefits, an irrevocable trust may not even be needed as in California we have many different...
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Q: Will gives land to X in conflict w/irrevoc. trust signed same day to avoid estate tax leaves out X's heirs b/c GSTT.

1 Answer | Asked in Estate Planning and Legal Malpractice for Texas on
Answered on May 21, 2018
Robert W. Leonard Jr.'s answer
You are looking at significant litigation if the parties are not in agreement. In order to advise you, your attorney will have to review all of the documents. Time is of the essence; contact a local probate attorney right away.
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Q: Hello my husben passed away does his family have the right to come get his cars and guns

1 Answer | Asked in Estate Planning for Texas on
Answered on May 21, 2018
Robert W. Leonard Jr.'s answer
If he did not have a will, then his estate would pass through the intestacy provisions in Texas law. Be sure to contact a local probate attorney to help protect your interest in the estate.

Q: Can an heir with higher percentage of ownership in a Louisiana Session force the lower percentage heir or owner to sell?

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Answered on May 21, 2018
Regina Scotto Wedig's answer
Louisiana law gives either co owner, regardless of percentage of ownership, the right to seek partition of the property. Depending on the size of the property, this may either be by dividing it or by requiring it to be sold and proceeds split per percentage ownership. The court requires a recent appraisal in order to determine fair market value. Sometimes, the value of the smaller percentage is not equal to the actual ownership percentage but an expert would be required in that case. In...
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Q: In Texas, can a non-homesteaded home force the Estate to sell it by credit card companies?

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Answered on May 20, 2018
Terry Lynn Garrett's answer
Please hire a local probate lawyer to file an application to probate the estate and a motion to set aside homestead and personal property. The family home may have been the family homestead even if the homestead tax exemption was not taken.
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Q: Would someone please explain to me the last half of paragraph J.

1 Answer | Asked in Estate Planning for Mississippi on
Answered on May 20, 2018
Arthur Calderon's answer
Without knowing what paragraph J is, I'm not entirely sure anyone on this forum would be able to assist.
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