Estate Planning Questions & Answers

Q: Is it legal to add someone to a deed if the property already had a lifetime right clause in will and person was deceased

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Answered on Oct 20, 2017

Sorry, but your haven't provided enough information to answer this accurately. A lawyer would need to see the actual will and deed to look the precise wording. When you say it was left "50/50" with "lifetime rights" - that is not the normal wording a lawyer would use and therefor, it is unclear what you mean. "Lifetime" would refer to a limited ownership ( a life estate) but that would also mean some other party would inherit when the life estate died.

Consult an experienced real estate...
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Q: Can one sibling get granted power of attorney over my mothers home if 4 other siblings have equally shares in the home

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Answered on Oct 19, 2017

Probate is the court proceeding by which it is determined who inherits what. It appears that you and your siblings each have an undivided share of the home. Even if your mother had a POA at the time of her death, it would not have been effective after that time.

It is unclear what you are asking. What do you want to do: sell it, rent it to someone, mortgage it, or something else? It is possible that someone, you or another sibling, for example, can be granted the power to sell...
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Q: If i make a will and state that i want my children to go to my mother instead of their father will my wishes be granted?

1 Answer | Asked in Family Law and Estate Planning for Michigan on
Answered on Oct 19, 2017

No Father’s rights are superior to anyone you may request by Will or otherwise.
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Q: Can 1 sibling get power of attorney over an estate that's in 4 other siblings names also?

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Answered on Oct 19, 2017

Sorry but your question has some missing components.

Typically a power of attorney is granted by the living party to appoint someone to act for them. Also when your mom died any power f attorney she had granted died or ended.

You also reference a deed that was done. In order to give advice on how that deed will operate one would need to read it.

I recommend that you consult with a real estate attorney in your area about this topic.

Good luck.
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Q: My mother has passed away and my father is still living. They have a will. Do we need to contact a lawyer?

1 Answer | Asked in Estate Planning for Rhode Island on
Answered on Oct 19, 2017

Yes, the property that your mother disposed of in her will may need to be filed in probate court. Consult with an attorney to review the will and your options.
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Q: Does a special needs trust protect against tort liability? Does that protection remain after death?

1 Answer | Asked in Estate Planning and Personal Injury for Ohio on
Answered on Oct 18, 2017

It depends on a number of factors. If the money put into the trust was owned by the beneficiary at some point, then there is probably no protection. If the trust was funded with assets from a third party, such as a gift from a parent, then there might be protection if the trust document had a "spendthrift" provision. Even with a spendthrift provision, if the language of the trust was defective in other ways, such as if the beneficiary had too many rights to access the trust or if the trustee is...
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Q: Am I entitled to any of my deceased wife's money left to her by her father?

1 Answer | Asked in Estate Planning for Pennsylvania on
Answered on Oct 18, 2017

... hello ...

... no ... in addition to the legal obstacles your have to overcome (which I can only hazard a guess), 30 years is just too long a time period to wait ...

... you could discuss this with another probate and estates attorney, but I am sure you would get the same answer ...

.. good luck ...

John
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Q: my brother stole all the money from my dads estate after being made adminstrator what do i do now

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Oct 18, 2017

You will need to file a civil suit, I recommend hiring a lawyer for this as these types of cases are never easy nor cheap.
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Q: If husband was given a gun, and he wills it to his wife, can the giftor reclaim the gun bc gift was solely for him?

1 Answer | Asked in Estate Planning for Kentucky on
Answered on Oct 18, 2017

If the gift was made without conditions then it is the gift taker's property from that point forward and he can do with it whatever he wants, including giving it to someone else regardless of how the original gift giver feels about that.

Any 'conditions' (eg -0- this is for YOU only and you can't give or sell it to anyone else) would need to be in writing, and done at the time of the gift and be accepted as conditions by the person the gift was given to.

The fact that this was...
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Q: Can land in the State of North Carolina be left to my minor son

1 Answer | Asked in Estate Planning for North Carolina on
Answered on Oct 18, 2017

In most states, a minor has the legal capacity to acquire ownership of property, but the CONVEYANCE of property

held by a minor can be difficult.

SOME states specifically require any such gift be done in a form consistent with the Uniform Gift to Minors Act or similar state legislation.

Without seeing the document that created the ownership interest it is impossible to say for sure what the status is, but it is ALMOST ALWAYS a bad idea to directly list a minor on a...
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Q: Can a durable POA override a Medical POA?

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Oct 18, 2017

This CAN be done, but it sounds like that isn't what happened here. Is Mom still capable of making decisions? "Forgetful" implies problems are starting but you need to be careful that she still has capacity before you start doing new documents.

Regardless, your MOM needs to decide who she wants to help care for her and make decisions for her. SHE gets to decide who is the caregiver and who makes financial decisions for her, and that can be the same person, different people, or a...
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Q: my brother stole my inheirtence of my mothers estate, now my dad is at the end of his life and I suspect...

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Oct 18, 2017

While your father is still alive, I suggest taking him to a doctor and have him evaluated for mental competency. If he is competent, then perhaps you should make him an appointment with an attorney ( you can make the appointment but you should not attend, the meeting with the lawyer should be private). Your father can make his wishes known to the attorney as far as how he wants his estate to be distributed, and the lawyer can advise him on how to protect himself from things your brother may...
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Q: Life estate deed holder living in nursing home, can tenants in common sell house?

1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for New York on
Answered on Oct 17, 2017

Yes, as the life estate is only on his share, not yours.
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Q: How does a durable POA become active? It is signed and notarized.

1 Answer | Asked in Contracts, Health Care Law and Estate Planning for California on
Answered on Oct 17, 2017

It is active, unless somewhere in it, it says it is not unless X event happens.

David Hicks

dhcases@aol.com
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Q: Passed without a will in Oregon. How do I become the executor?

1 Answer | Asked in Estate Planning for Oregon on
Answered on Oct 17, 2017

This is a duplicate thread - here is my prior response: https://answers.justia.com/question/2017/10/17/my-brother-passed-without-a-will-but-wan-333705?utm_medium=email&utm_source=answers-answerer&utm_campaign=question-asked-subscription&utm_content=button-answer-question-1
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Q: My brother passed without a will, but wanted me to be the executor of his estate.

2 Answers | Asked in Estate Planning for Oregon on
Answered on Oct 17, 2017

First of all, a power of attorney has no power once the principle that signed the POA has died. Any document that expresses the decedent's preference for who should act as their Personal Representative can be shown to the court as an expression of the decedent's wishes for who should be appointed. The document can be a now expired Power of Attorney, a Will, or just some written document which states that they want a certain person to serve as the Personal Representative. If you don't have...
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Q: I need help with my birth certificate and certificate of live birth

1 Answer | Asked in Estate Planning, Admiralty / Maritime and Family Law for Ohio on
Answered on Oct 17, 2017

A Certificate of Live Birth is just the 'full' name of what most people call a 'birth certificate, and many states have slightly different names for the same document.

The state where you were born has the record, and you can get a copy from that state's bureau of vital statistics (or whatever that department is called in your state -- again, the terminology may be slightly different). You DO have to prove who you are however, as birth records are NOT public documents, and are far too...
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Q: If you win the lottery in New York state, are you able to claim it through a Trust or LLC.?

1 Answer | Asked in Contracts, Estate Planning, Gov & Administrative Law and Real Estate Law for New York on
Answered on Oct 17, 2017

Depends, most likely yes you can assign it to an entity such as a trust or limited liability company.
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Q: what can I do to finish probate for a Will that was started in 2014?

1 Answer | Asked in Estate Planning for Alabama on
Answered on Oct 17, 2017

His waiver is not required to probate the Will. In this situation your attorney can file the Will for probate, get a hearing set, send notice to your brother and then attend the hearing. At the hearing the judge would review the Will and if all looks good would probably admit the Will to probate. Beneficiaries who receive a smaller than expected share rarely sign the waiver, so this situation is fairly common. One other point, there is a 5 year time limit on probating a Will so you may want to...
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Q: If your parent has nothing in writing who makes medical decision if there is no spouse. I have given written permission

1 Answer | Asked in Family Law, Elder Law and Estate Planning for Michigan on
Answered on Oct 16, 2017

Written permission must be legally sufficient. Otherwise, you may need to obtain guardianship of your father, which involves a probate court process.
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