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Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for New Jersey on
Q: Hello i am in an estate for a will. I just gave lawyer ssn dob, address and full name. What is this for. I am in NJ

I am a beneficiary

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 23, 2020

The answer would depend on who you are in relation to the will. Are you an executor, beneficiary, trustee, guardian etc.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Can the executor an the estate remove ALL items from the decedent's home without permission of the other beneficiaries?

The executor of the estate, who is also a beneficiary has removed "all" personal items of the decedent from the home. The executor was given the home in the will. The other two beneficiaries were not given an opportunity to go through any of their father's personal items, furniture,... Read more »

Gary Lane
Gary Lane answered on Nov 23, 2020

Yes, they should sue. The Executor is not authorized on their own to do this. They should be communicating with the other beneficiaries. Yes, this certainly could be grounds to have them removed and replaced.

1 Answer | Asked in Traffic Tickets and Estate Planning for New York on
Q: Was issued a speeding ticket while in city employee uniform & showed bandg. I work in the security deptmt of the MTA

Can I get the ticket dismissed as a city employee?

Tim Akpinar
Tim Akpinar answered on Nov 23, 2020

It could be worth discussing in more detail with an experienced traffic ticket attorney. Overall, there is a high level of positive sentiment and appreciation toward public transportation employees because of the risks they face in providing all of us with vital services 24/7 and keeping the City... Read more »

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Ohio on
Q: Can I back out of estate contract?

Oct 29th: I entered a real-estate contract to purchase a house. the contract says to close on or before Nov 30th. (email)

Nov 16th: I did let my agent know that I'll be out of the town on Nov 25th for 7 days, and will try to close sooner (texting)

Nov 18th: I was cleared to... Read more »

Aaron Epling
Aaron Epling answered on Nov 23, 2020

If the seller can't close before Nov. 30th, then that is a breach of contract and you can terminate. They will likely ask you to sign an extension, but you aren't obligated to do so.

If the seller is able to close by then, you can still terminate the contract if you want. This...
Read more »

1 Answer | Asked in Estate Planning for Missouri on
Q: My aunt left me a trustee of her estate. She had a revocable trust set up with specific amounts to distribute.

4 months before her death she transferred over half of the trust out of it. There is not near enough to pay what the will states now. Am I liable to sell items that were left specifically to others, ie, her house, car, etc, to make up that money?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Nov 22, 2020

Your responsibilities as trustee are very important and handling your aunt’s estate in these circumstances can lead to other issues. You really should sit down with a lawyer to review the trust documents and make sure you do it correctly.

1 Answer | Asked in Divorce, Estate Planning and Probate for Indiana on
Q: Dissolution of marriage was finalized 1 mo. before ex died. Document stated 2 vehicles were to be sold & profits split.

Vehicles were not sold before death. One truck was in wife’s name and other was in both. Does the truck default back to the title holder on death of ex-husband or does it still need to be sold and split? What about truck in both names or does it default back to surviving title holder?

Steven J. Fromm
Steven J. Fromm answered on Nov 21, 2020

If you have a signed property settlement agreement that would be controlling. Ultimately, the proceeds of both sales are split between the wife and the ex-husband's estate.

2 Answers | Asked in Estate Planning for North Carolina on
Q: Do I need a lawyer to execute a will?

I'm executor of my father's will, he has no belongings to speak of as he is in assisted living, and has a couple of bank accounts, he is in failing health with Alzheimer's

Thank you

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 20, 2020

It basically depends on whether you want assurance that it is done correctly. Typically, finalizing things under the circumstances you describe is not too difficult even for a lay person with no legal experience. Best of luck.

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1 Answer | Asked in Estate Planning and Land Use & Zoning for Arkansas on
Q: Do I need my husbands signature to sell land that is in both our names?
Steven J. Fromm
Steven J. Fromm answered on Nov 20, 2020

Yes, indeed. If the current deed has both of your names as owners then you must have him sign any deed transferring ownership to a buyer. Arkansas may allow a power of attorney to sign for him but you need to speak to a real estate attorney in your state to see if this is possible.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Title company found my moms maiden name on the title and she has since passed but I’m trying to sell it, what can I do?

My mom passed over a year ago and we had the deed set up as joint tenants with right of survivorship. The title company just notified me there is no evidence of her passing since she was married and her death certificate states my step dads last name. Is there any way to avoid probate and prove to... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 19, 2020

A copy of the marriage certificate should be sufficient proof of the name change. This would require communication with the title company to determine what else is concerning it.

1 Answer | Asked in Estate Planning for Louisiana on
Q: My father has been deemed as incompetent, before he got ill. He mentioned he left everything to my half sister.

However, she's not able to take on decisions and handle finances. So she let her sister (which is his step daughter)take over it all. My father has 3 biological kids by his first wife. Both wife's are deceased. As his biological kids. Do we have any rights or say so regarding our father.... Read more »

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

Your facts are not clear. If his sister had a durable power of attorney (DPOA), that gave her the power to act for your dad. However, if she is no longer able to serve, the successor named to her in the DPOA would than act. She does not have the power to delegate her power to someone else.... Read more »

1 Answer | Asked in Consumer Law and Estate Planning on
Q: If both lien holders of an estate pass away and the new wife is the beneficiary but it still has morgage is it paid for?
Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

Not sure I fully understand the facts. If you are saying there are liens on property, but the lien holders have died, these deaths do not remove the debts. The estates of the lien holders would now be the proper lien holders. Any mortgage on the real estate is an obligation that stays with the... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: My husband died with no will, he was left most everything from his mother, if she passes do I his spouse receive it?

He has 2 grown daughters, and the will does not specify anything. I am in Maryland

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 19, 2020

It is not possible for any attorney to predict what someone might inherit in the future from a now living former mother-in-law because that person could change their estate planning anytime until they die.

In the event that any property is at some point disbursed in the name of your late...
Read more »

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3 Answers | Asked in Estate Planning for Texas on
Q: If i am legally still married and he died. Then shouldn't his estate go to his spouse ?

His brother said he was left everything. Shouldn't i have more rights than him ?

Beth Ann Serafini-Smith
Beth Ann Serafini-Smith answered on Nov 19, 2020

It depends if your spouse had a valid Will. If he did not, his estate would pass through the intestacy laws of Texas, and that doesn't necessarily mean the surviving spouse would get everything. The type of property (community or separate and real or personal) would dictate who inherits.... Read more »

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1 Answer | Asked in Estate Planning for Ohio on
Q: Even if the car was in his name and she wasn’t on the car and even if they didn’t live together

The car had to be worth like 20 then his life insurance then he had stuff like bank accounts and all that

Aaron Epling
Aaron Epling answered on Nov 19, 2020

Ohio law only cares if they were married at the time of his death.

1 Answer | Asked in Estate Planning for Ohio on
Q: My dad passed away but his wife took everything what can I do?

They didn’t live together and wasn’t together at the time of his death she took his car gave it to her son that’s not my dads son she wouldn’t release his personal items or anything what can we do this is in ohio

Aaron Epling
Aaron Epling answered on Nov 19, 2020

Ohio law tends to favor a surviving spouse. She can definitely transfer a car to herself as long as it's not worth too much. Regarding his personal items, it he didn't have a will then you may have a claim against her for a portion of the personal items. The problem is that the cost of... Read more »

1 Answer | Asked in Estate Planning, Consumer Law and Probate for Wisconsin on
Q: Mom passed away June 2020 with only $300 in her checking & a car loan.

She had a car loan that was upside down. It has been repossesed already. The bank is saying we (me & my 2 brothers) will owe the difference of what they get at auction & what she owed. None of us were on the loan with her, it was solely hers. Do we actually have to pay that? Keep in mind... Read more »

Thomas B. Burton
Thomas B. Burton answered on Nov 18, 2020

The good news about death, is that the debts of the decedent die with them. I am sorry to hear about the loss of your mother. Any debts she owed at her death would be owed by her estate. So if she only had $300 total to her name and that is the total amount in her estate, this is the limit of what... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: In Maryland, does estate need to go into probate for a $250,000 house that had deceased mom's name on the deed?

I am administering the estate for my father-in-law and I was named as the executor in his will. PG County granted me special administrative rights so that we could complete the sale of his house. The house went under contract before he passed and sold after he passed -- his will states that his... Read more »

Mark Oakley
Mark Oakley answered on Nov 18, 2020

Your father-in-law became the sole owner of the property when his wife died (assuming, as is normal, he owned the house as "Tenants by the Entireties" with his wife). When he died, ownership of the house immediately vested in the estate, meaning the only person authorized to close on the... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Can a Grantor on a quitclaim deed also be the Grantee?

My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Can a Grantor on a quitclaim deed also be the Grantee?

My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.

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1 Answer | Asked in Estate Planning for Idaho on
Q: Im a felon in idaho and my father is dieing can i still be next of kin.
Kevin M Rogers
Kevin M Rogers answered on Nov 17, 2020

Hello,

You are either "next of kin" or you're not. It has nothing to do with where you are physically or legally right now. If you were in prison, you would still be "next of kin." If you were across the world, you'd still be "next of kin." The...
Read more »

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