Estate Planning Questions & Answers

Q: Is there any way to know if a loved ones will was put through will contest and then found to be invalid?

1 Answer | Asked in Estate Planning for Michigan on
Answered on Jul 17, 2018
John Joseph Rizzo III's answer
You should contact the probate court for the county the loved one lived in when they passed away. If there was a will contest it would be in the court records. If you are not sure of the county, you can call other counties in the area and any counties where the loved one used to live.

There is no universal database; it takes some investigation. If a will was found invalid, one probate court will have the records.
View Details »

Q: Can my special needs relative receiving SSI pay me for assisting him with his mom's final arrangements.

1 Answer | Asked in Estate Planning and Social Security for Minnesota on
Answered on Jul 17, 2018
Scott Maki's answer
Thank You for your question. The short answer: Yes. Assuming there was a Will, and your relative was named Executor, he is free to seek whatever reasonable assistance is needed to carry out his duties. Being an Executor is work, as are all the duties necessary to carry his responsibilities. As long as you are performing tasks directly related to settling the estate, you BOTH should be getting paid - from Estate funds (it is understandable that he may not want to accept a fee since it is his...
View Details »

Q: Dad died 2/4. Filed probate Will 2/20. It's July & still waiting for Letters of Admin. Is this normal timeline?

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Jul 17, 2018
Terry Lynn Garrett's answer
If your (step)mother predeceased your father and died without a Will, her estate must be probated before his can be. Someone should have filed an Application for Determination of Heirship and Issuance of Letters of Administration. How her interest in community property and separate property (real and personal) would pass depends on whether she had children from another marriage or no children but surviving parents or siblings.

After that estate is settled, the court will be able to...
View Details »

Q: mother-in-law passed without will-5 siblings-husband has “Letters if Administration”. Can he sell home to distribute $?

1 Answer | Asked in Estate Planning for Georgia on
Answered on Jul 17, 2018
Robert W. Hughes Jr.'s answer
Unless he was granted expanded powers with the Letters of Administration, he has to get court approval to sell the property. He will ultimately be able to sell the home once he gets court approval.
View Details »

Q: My husband passed away in Jan., 2018 and we have a home in Aurora, Oh that I would like to sell.

1 Answer | Asked in Estate Planning for Ohio on
Answered on Jul 17, 2018
Joseph Jaap's answer
You must open a probate case in the county where he was living. The court will then authorize the transfer of the home as part of the probate process. Use the Find a Lawyer tab to retain a local probate attorney to assist you.
View Details »

Q: Hello, I read that in Maryland there are no "Self Proving Affidavits" for last wills. What form can be used instead...

2 Answers | Asked in Estate Planning and Elder Law for Maryland on
Answered on Jul 16, 2018
Mark Oakley's answer
A properly signed and witnessed will is all you need. Maryland does not require witnesses to appear to verify the will. The only time witnesses might be needed is if someone challenged the will, but the burden is on the challenger to prove the will maker was mentally incompetent or subjected to coercion. A so-called self-proving will can also be challenged this way.
View Details »

Q: How long does it take to open probate?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Jul 16, 2018
Genene N. Dunn's answer
This is a very complex question. It all depends on what the trust says and what your father's estate plan said, and what assets you are concerned with. Also, the fact that everything goes back into the trust doesn't necessarily mean that the trustee (friend of your father) is receiving the assets. There is probably a plan in the trust of what happens to assets in the trust upon your father's passing.
View Details »

Q: What kinds of things should we be aware of as we set up our estate for a disabled child?

1 Answer | Asked in Estate Planning for Connecticut on
Answered on Jul 16, 2018
Steven Basche's answer
The answer to that seemingly simple question is rather complex. To start, you should be considering setting up a couple of special needs trusts (SNT's). The first trust would be a 3rd party SNT, which is funded by assets owned by a third party (meaning not your child). The second trust is a "1st party" or "self-settled" SNT. This would be funded by assets of your child, which he or she might be entitled to because a relative left money to him or her directly, or by a personal injury...
View Details »

Q: My father bought my husband and I a house under his name. We want it under our name and plan to pay him back. Advice.

2 Answers | Asked in Estate Planning, Contracts and Real Estate Law for New York on
Answered on Jul 15, 2018
Michael David Siegel's answer
You can record a deed to you and your husband and a mortgage to your father. The issue is that New York has a steep mortgage tax, so the amount of the mortgage will be critical.
View Details »

Q: I'd like to leave my business to my kids - what's the best way to do that?

1 Answer | Asked in Estate Planning for Louisiana on
Answered on Jul 15, 2018
Douglas Lee Bryan's answer
There are different ways that I can think of, and it would be difficult to say which is the best route for you without knowing more information. You should speak with an attorney that handles wills and estate planning.
View Details »

Q: Can a beneficiary of an trust Estate received information of a LLc in an estate and trust of deceased family member?

1 Answer | Asked in Estate Planning for New York on
Answered on Jul 15, 2018
Michael David Siegel's answer
No. You need what are called limited letters.
View Details »

Q: Step mother is asking for a year's support from estate of my father? What does this mean?

1 Answer | Asked in Estate Planning for Georgia on
Answered on Jul 13, 2018
John W. Chambers Jr's answer
Here is some general information. In Georgia, a petition for year's support is a petition by the surviving spouse to have property in the estate set aside for her benefit. If the petition is granted, the property will be set aside to the spouse and the spouse will own the property. If the order for year's support sets aside property (e.g., a house) to the surviving spouse, the surviving spouse will own the property without regard to the provisions of the will. Other heirs, such as children,...
View Details »

Q: How can I stop a fraudulent probate case? Its already about to end and money going to be given out but it's not right.

2 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Probate for California on
Answered on Jul 13, 2018
Thomas A. Grossman's answer
You need to hire an attorney ASAP.
View Details »

Q: Should my deceased brother's name be removed from mother's will?

1 Answer | Asked in Estate Planning for Pennsylvania on
Answered on Jul 13, 2018
Mark Scoblionko's answer
Although that is probably correct, to give a definitive answer a lawyer would have to review the Will. However, even if it is correct, if your mother is doing okay, it probably makes sense to re-write the Will.
View Details »

Q: Is an executor able to pay people what they get in the will before she pays the debts?

1 Answer | Asked in Estate Planning for Arizona on
Answered on Jul 13, 2018
Ryan K Hodges' answer
The executor can make early distributions to the heirs before paying all the debts. However, if the debts exceed the assets retained, then the executor could be personally liable for the difference, or the heirs could be required to return the early distributions to pay the debts.
View Details »

Q: if an individual in NYS makes out a will and has no living parents, spouse, siblings or children, is it true that his

1 Answer | Asked in Estate Planning for New York on
Answered on Jul 13, 2018
Michael David Siegel's answer
Not exactly. Genealogical information is on all petitions. When first cousins are next of kin the court requires a geneological search.
View Details »

Q: How do you dissolve an involuntary trust in Louisiana?

1 Answer | Asked in Estate Planning for Louisiana on
Answered on Jul 13, 2018
Christie Tournet's answer
A trust is dissolved or terminated in accord with the terms of the Trust. If it requires a transfer of real estate, then, usually a quitclaim deed is also done to update title.
View Details »

Q: My sis is administrator on our late mother’s estate. SHe has to provide a report to the court about what she has done.

1 Answer | Asked in Estate Planning and Probate for Virginia on
Answered on Jul 13, 2018
Richard Sternberg's answer
Look up and call the Commissioner of Accounts for your Circuit. Make an appointment and describe the issues accurately and succinctly.
View Details »

Q: My name is Sandrina Bouldin and I'm disputing some of these patents. There have been some people claiming patents

1 Answer | Asked in Estate Planning, Family Law, Identity Theft and Patents (Intellectual Property) for Missouri on
Answered on Jul 12, 2018
Kevin Flynn's answer
I am sorry, your question was cropped. Here is what came out.

My name is Sandrina Bouldin and I'm disputing some of these patents. There have been some people claiming patents

8162095255

Did you mean pa-Tents (protection given to inventors) or paRents as in parents of a child? Maybe this was not meant to post to the patent/inventor group of attorneys?
View Details »

Q: Are there any particular concerns about signing a Waiver of Notice Pursuant to Texas Estates Code Section 308.002?

1 Answer | Asked in Estate Planning for Texas on
Answered on Jul 12, 2018
Terry Lynn Garrett's answer
You should not sign if you plan to contest the Will. If you do not plan to contest the Will, you need not have notice of or appear at the hearing at which your brother will be appointed Independent Executor. You retain your right to request an accounting 15 months after he is appointed.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.