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Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Family Law for Arizona on
Q: How do I find out if my dad had a will? His girlfriend was his POA when he was alive and she doesn't communicate.

I believe he created a trust for my sister and I but we don't know anything about it. Is there a way to look up that info?

Andre Lee Pennington
Andre Lee Pennington answered on Apr 8, 2020

One thing you can do is look up the home address at the Maricopa County Assessor's Office. It will tell you if the home is in the potential Trust. Here's a link: https://www.mcassessor.maricopa.gov/

1 Answer | Asked in Estate Planning for Delaware on
Q: Does my mother have any recourse if the executor of a trust does not distribute the RMD due to the CARES act?

She is a beneficiary of the trust and the RMDs are to be used for her medical and living expenses each year. The executor does not want to distribute the RMD this year but she relies on it for her medical care. Does she have any recourse?

Nina Whitehurst
Nina Whitehurst answered on Apr 8, 2020

It is not possible to answer your question without reviewing the trust instrument. The answer depends on the distribution standard in the trust, and distribution standards vary a great deal from trust to trust.

By the way, the administrator of a trustee is usually called the "trustee". An...
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1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: I want to register my friend and his wife as my co-renters in an one bedroom apartment I live in. Florida

The owner of the apartment is okay. But association says that I cannot sublease the apartment.

Although I told them that they will go through the whole process of background check.

By the rules of the building I am allowed to have up to 3 residents in a one bedroom apartment.... Read more »

Jeffrey Snyder
Jeffrey Snyder answered on Apr 8, 2020

I suppose see if your landlord will agree to release you from the original lease and sign a new lease with all of you on it, or see if the current lease can be amended. Regardless, you are asking for trouble with the HOA by doing anything to add them onto the lease. I suggest you take a copy of... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can I leave house and cars by transfer on death deeds to my 14 year old daughter w/o court involved. Do I need trustees

My husband and I own our home, no mortgage and own all autos w/ clear titles. We are self employed low income, but what we have, we own. I also have a son that is 24, but not responsible to handle such matters. What is the cheapest and simplest way to make sure that our daughter gets our... Read more »

Matt Fleischer
Matt Fleischer answered on Apr 8, 2020

Probably the cheapest and easiest way is to create a simple revocable living trust that names you and your husband as trustees and primary beneficiaries and then names a successor trustee that takes over and manages the property for your daughter until she reaches the age you want her to receive... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can I be made to move out of a place that I have been living there for the last 6 to 7 years while my grandparents proba

Before my grandparents passed away. I helped on the farm..When things got broken, grass needed to be cut or anything on the 55 acres I would do. My father passed away when I was 15, do I least get my father's half? My uncle is making me move out of a place that is my home, the place is still going... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 7, 2020

You need to hire a probate attorney to help you sort this out. You may or may not be entitled to a share of your grandparent's estate, but you need to act quickly so you do not lose your rights due to failure to timely assert them in the probate case.

1 Answer | Asked in Estate Planning and Family Law for Texas on
Q: 140 years ago my great grandfather was given a watch for saving several men in a mining accident. The watch was to pass

to the oldest son. It went to my Grandfather who passed it to my dad(the oldest son) who passed it to my brother(the only son). Since my Dad is deceased. His younger brother, my uncle believes that he is entitled to it since he now has a son. I am of the understanding that it should remain with... Read more »

Jason Oxner
Jason Oxner answered on Apr 7, 2020

Hello, sorry for your loss. Your questions is difficult to answer based on the facts alone. Do you know if your great grandfather left a will with instructions relating to the watch? If so, that would be the first place I would check. I would also check to see if your great grandfather's estate... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: my father passed and i moved in house and have been paying all the bills.want to rehab property.

siblings want nothing to do with property...and i want to rehab property for mom and me...there was no will...but i have lived here and all bills are in my name...

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

You need to contact an attorney in your area that does probate work. Without more information it is going to be really hard to answer your question. Who's name is the property in? Did your father's estate go through probate?

I would recommend that you call and speak to a probate attorney in...
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1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Can one heir sue the other heir for their share of an estate?

My mother put her estate in her kids name. Some of the kids signed off their shares. Can the remaining kid sue the other for their share?

Joseph Jaap
Joseph Jaap answered on Apr 7, 2020

It depends on all the facts of the situation and how your mother did that. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you.

2 Answers | Asked in Estate Planning for Florida on
Q: How long after passing does it take to see the will? And is it required to tell a beneficiary immediately?

My landlord passed away 10 days ago now (during the coronavirus ordeal). I have been living in my house for over 7 years and him and his wife have become more than family to us helping each other out every way we can. Immediately the daughter (who is very well off) is requesting rent. Still, I... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Apr 7, 2020

If there is a Will, it must be submitted to the clerk of the court in the county where the person lived within 10 days (this is rarely done or enforced for many reasons but it is the law). A probate will need to be filed, this likely will be delayed with the current status of the world/USA with... Read more »

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1 Answer | Asked in Estate Planning for New Jersey on
Q: So if a POA for Healthcare exists, can family members just "see" what is happening with the Principle?

The family is aware that they cannot control what decisions are made but can they at least be informed as to what is being done to the Principle? The Principle is their mother.

Richard Diamond
Richard Diamond answered on Apr 6, 2020

The starting point is the document itself. For estate planning purposes, a person can sign a document called a "power of attorney" ( POA), which, under certain conditions, gives that person the authority to step into the other persons shoes and handle his / her financial affairs ( among other... Read more »

2 Answers | Asked in Estate Planning and Family Law for New Jersey on
Q: My mother's Living Will includes a "Durable Power of Attorney for Healthcare".

Does this also include decisions over her finances? Should there also be a POA for her finances? And does it restrict any family (children particularly) from knowledge of her health or financial decisions? Thank you.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 6, 2020

A durable power of Attorney for Healthcare is supposed to be for healthcare decisions only. An attorney would need to review her document to tell you what powers the DPA gives to the person.

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1 Answer | Asked in Estate Planning for Kansas on
Q: My mom and dad divorced. My dads father still left my mother land. She was remarried when this occured.

She wants to will the land to my brother and i. He was never left any of this but does he have to sign the deed? He being her husband.

Doug Coe
Doug Coe answered on Apr 6, 2020

In Kansas, you always want -- and any many cases need -- the signature of both houses anytime you transfer land. However, if she were to transfer the land by way of her estate plan, and if her husband was living at the time of her death, you'd want his signature waiving his rights to the land in... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Question about Summary Release From Administration form and whether to check box

If my brother only had money in a bank account, do I check the first box about "The delivery to the applicant of decedent's personal property set forth in the application with the title to that property."? And if so, what title are they talking about? There is no title to money in a bank account... Read more »

Paul Kellogg
Paul Kellogg answered on Apr 6, 2020

They are referencing tangible personal property such as household items and his vehicle.

His bank account is listed at the bottom of Form 5.6 where the Entry provides instructions to financial institutions.

1 Answer | Asked in Estate Planning, Banking and Probate for Alabama on
Q: Coowner of savings account dies 30 days before owner dies. Coowner spouse was secondary on POA. Who gets the money now?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 6, 2020

By co-owner I am making the assumption that the account was held by two people as joint tenants with a right of survivorship. You must confirm that with the bank. If one person dies, then the money -- at law -- is the property of the other at the moment of death. I don't see from your question what... Read more »

1 Answer | Asked in Estate Planning for Louisiana on
Q: My daughters sons have not spoken to me since my daughters death, 3 1/2 years ago can i remove them from my will?
Nina Whitehurst
Nina Whitehurst answered on Apr 4, 2020

Yes, of course! You should call an estate planning attorney to help you with this. There might be other updates that are needed to your estate plan in addition to amending or replacing your will.

1 Answer | Asked in Estate Planning for New Jersey on
Q: How long do I have to accept or reject an estate settlement?

My father passed away in the spring of 2019. The executors are finally sending myself and seven siblings the proposed settlement of his estate. I think I'm getting a bad deal. How long do I have to contest or challenge the settlement proposal?

Derek John Soltis
Derek John Soltis answered on Apr 4, 2020

Talk with an attorney to go over the settlement. Most attorneys will give you a free consultation. It is better to have someone that deals with these situations on a daily basis give you an opinion. If you feel something isn't right you owe it to your self to get a second opinion.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: aunt dies inGeorgia with a will and husband passed 10 years before her without a will. KY land never, change to her.

The property deed half ownership is still in uncles name,(intestate )50% and split with two nephews. Aunt never transferred in her name, died, who inherits Uncles half?Aunt had a will, but again never change ownership. Help please do l need to probate her 1/3 rights? Or passes to the nephews upon... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 4, 2020

If your aunt died in Georgia, you will need to open an estate in Georgia. You will then need to contact a KY lawyer to help with transferring the KY land. You may have to open your uncle's estate in the county where he died as well.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: If I've lived in grandparents home for 25 years can my mother with no will take it from me and put me on the street??

My granddaddy said he made a will in 1996 to split it equally between my mother and I my grandma died last month I have lived her 25 years can she take my home and all of my land with no will and just leave me on the street?? My mother got to the family safe before me where my granddaddy said the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2020

This sad situation will probably require the services of a civil trial lawyer working together with a probate lawyer in order to sort everything out. If the two professionals are as good as they need to be, they will know exactly how to approach this situation in such a way to enforce the wishes of... Read more »

2 Answers | Asked in Estate Planning, Divorce, Real Estate Law and Arbitration / Mediation Law for Utah on
Q: How to protect home in the event of future disputes. As always, things are well between us. But thinking forward.

I am purchasing a home and have the mortgage, and purchase contract under only my name. I have been in a relationship for 11 years with the same women - she is contributing 5% towards our 15% down-payment.10% coming from me. All mortgage payments made will come from a bank account solely under my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 2, 2020

This calls for a tenancy in common agreement. A good real estate attorney can help you with this.

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3 Answers | Asked in Estate Planning for Georgia on
Q: Can you use small estate affidavit after filing for letters of administration of estate in GA
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 2, 2020

This question should be posted to the probate area of law. That said, there is no small estate affidavit in Georgia. If you have been granted Letters of Administration, you should be able to transfer all assets with your Letters.

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