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Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Texas on
Q: Hi my name is Michael my mother passed away in May 2020 and left her house to me and my 3 sisters ,what has to be done.

Can I give the share of my mother's house to my wife.

Jaime Victor Papa
Jaime Victor Papa answered on Oct 27, 2021

You will need to go to probate court.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: If a husband/wife want to avoid probate and seek to establish a living trust. Is there one trust with both or one each?

In the state of Tennessee.

Nina Whitehurst
Nina Whitehurst answered on Oct 27, 2021

There is no one size fits all answer to your question. Sometimes a joint trust is appropriate and sometimes separate trusts. For advice personalized to your individual circumstances, you should schedule a consultation with an experienced estate planning attorney.

1 Answer | Asked in Estate Planning for Texas on
Q: If I die before I receive the distribution of an estate where my brother and I share 1/3, who gets my share?

Initially, posted at Probate Section. RE: Will includes: “...[1/3 of estate to my brother and me] the rest and residue of my estate in equal shares, share and share alike. In the event that my nephews have preceded me, I leave the share intended for the deceased nephew to the descent’s... Read more »

Paul Premack
Paul Premack answered on Oct 27, 2021

The answer depends on who is alive when you die.

If your aunt (the Will's maker) is already deceased, you are waiting to receive your share, and then you die before your share is distributed - the answer is that it still goes to you, but is distributed as part of your estate pursuant...
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1 Answer | Asked in Estate Planning for Wisconsin on
Q: how long can creditors claim on the estate in WI?
Thomas B. Burton
Thomas B. Burton answered on Oct 27, 2021

After an application for administration has been filed (a probate court action has been initiated properly with the probate court) creditors have from 3-4 months to file their claim. The Court will set this deadline for a formal administration or the probate registrar will set the deadline for an... Read more »

1 Answer | Asked in Estate Planning, Criminal Law and Identity Theft for New York on
Q: I have an irrevocable trust for my grandchildren. Their father stole 300,000$ from my savings and 73,000 from Met Life.

He left me w35$. Can I change the irrevocable trust and sell my home? Since I can prove fraud, identity theft, elder abuse. I owe109,000 on my mortgage can I get a home equity loan on a 6 family ? I need money for legal fees and dental work.

Michael David Siegel
Michael David Siegel answered on Oct 26, 2021

The terms of the trust will govern a lot of it. If the trust has provisions for your lifetime care, you can ultimately petition the court.

1 Answer | Asked in Estate Planning and Elder Law for Arizona on
Q: If your lawyer passes what happens to all his files do they go to someone else or do they get thrown out
Nina Whitehurst
Nina Whitehurst answered on Oct 26, 2021

Normally the attorney will have designated another attorney to take over his files when he passes. If not, then a court will usually get involved to appoint an attorney to take over the files. The designated attorney takes custody of the files and goes through them and does his best to return all... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: My mother passed and has credit card debt in her name only. Does my father need to pay that debt?

They are Texas residents.

Jaime Victor Papa
Jaime Victor Papa answered on Oct 26, 2021

I recommend that you speak with a probate attorney regarding this matter. It is likely that the credit card debt will be considered community property unless your father can prove otherwise. Also, if your mother and father had a Will or no Will, your father will need to go to probate court.... Read more »

1 Answer | Asked in Civil Rights, Estate Planning, Construction Law and Municipal Law for Florida on
Q: In Eatonville FL, we need to know if there are exceptions for Code of Ordinances, sec. 60.77, such as noise or privacy.

We live in a corner lot, and we would like to build a 6 foot fence on the property perimeter. We'd like to know how far can we take the fence to the line property, and if we can consider one of the "fronts" of a corner property as a "side". Only the "main"... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2021

The Eatonville Code of Ordinances is here:

A brief review of it doesn't reveal any problem with what you want to do, but of course you should contact the Planning Department and get a permit. They should be able to guide you.

1 Answer | Asked in Tax Law and Estate Planning for Louisiana on
Q: What should I do about a Property Sale Tax letter I received for a house I don't live in but was willed to me

My wife inherited 50% her grandfather's house in 2013 when he passed away. We weren't allowed to move in because Louisiana deemed it a family house. Her aunt has been living in the house since 2014 but is not paying property tax. We received a letter in the mail with my wife’s name and... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 26, 2021

At some point in time the taxes will have to be paid or you risk losing ownership of the house. Based on your post, it is not clear whether the sheriff has seized the property for a tax sale, or if someone pad the unpaid taxes and "purchased" the property---you need to contact an... Read more »

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: My mother isn't good, her boyfriend that's been there 15years says once she passes he's taking everything, no will
Corey Adamson
Corey Adamson answered on Oct 26, 2021

If your mother passes without a will, her boyfriend is not someone identified in the intestate statutes who will inherit anything. Everything would pass to you and any other surviving children your mother may have. However, you may want to make sure your mother’s boyfriend has not exercised any... Read more »

2 Answers | Asked in Estate Planning, Constitutional Law and Probate for Florida on
Q: Is there any possible scenario that would allow for second cousins to inherit under intestate succession?

If a Decedent died intestate and was never married, had no kids, no surviving parents or grandparents and no surviving aunts/uncles, or issue thereof, is there any possible scenario that would allow for the next of kin collateral heirs (being descendants of great-grandparents, ie. second cousins)... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Oct 26, 2021

Yes, it is possible. The State rarely gets assets to an estate. One thing that would be done in a probate with only distant and remote heirs would be the affidavit of heirs. If an intestate decedent has no living spouse, children, parents, or siblings, intestacy laws provide mechanisms to determine... Read more »

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1 Answer | Asked in Estate Planning for Michigan on
Q: My grandmother recently died and she has trust in which her house is a part of. My aunt is the beneficiary. Can I see it

My mother (daughter of grandmother) is no longer living as well. Do I receive any portion that my mother would have gotten from the Trust

Kenneth V Zichi
Kenneth V Zichi answered on Oct 25, 2021

Without seeing the trust it is impossible to answer your question.

You should ask your aunt to get a copy of the trust and then take it to an attorney to review and you will be able to get those answers.

— this answer is offered for information only and does not constitute legal...
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1 Answer | Asked in Estate Planning and Child Custody for Ohio on
Q: Ex filed contempt of court charges due to missing 3 visits could not get to meeting point and wouldn’t come to my house
Nicholas P. Weiss
Nicholas P. Weiss answered on Oct 24, 2021

Can you provide some more information? What question are you seeking an answer to?

1 Answer | Asked in Estate Planning for California on
Q: My aunt has a notarized General Durable POA for my uncle who has ALZHEIMER’S.

The POA states: Estate, Trust, and other beneficiary transaction’s amongst other categories. My aunt wants to know if she can change/delete beneficiaries on their Trust Agreement?

Julie King
Julie King answered on Oct 23, 2021

The answer to your question will depend on the language in their trust (i.e., whether it is revocable vs. irrevocable) and the language in the power of attorney. A power of attorney can be very limited and allow an agent to do only a few tasks or the power of attorney can be broad and allow the... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Can you get a ladybird deed in oklahoma?

Purchasing land from daughter in agreement it goes back to her when I die or go to nursing home

Chantelle Hickman-Ladd
Chantelle Hickman-Ladd answered on Oct 23, 2021

They’re not called ladybird deeds here, but we do have something similar. It would be wise to talk to an elder law attorney in your area to go over the rules for owning property and Medicaid in your state if you think you may need help paying for nursing home care eventually. There are a lot of... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: In Florida, can POA sign for the principal on a quitclaim deed to the agent on the POA—grantor/grantee same person?

Can the POA in a durable power of attorney sign a quitclaim deed where the grantor is transferring to the grantee who is also the POA —legally if there is no stipulation in the POA against that? My mother and I have a property in Florida as joint tenants with survivorship to me but the property... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 23, 2021

I know this is probably not the answer you want, but you really need to have the POA reviewed by an attorney. The answer depends on the exact wording.

Please also get personalized advice from an attorney on the effect such a trasactio

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1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: If an executor of an estate fails to perform his duties and all property sits unclaimed for years, can heirs claim it?

My ‘well to do’ great-great aunt died in 2005 with a will naming her nephew as executor, he and his wife as beneficiaries, and my father as an heir. This nephew died intestate in 2003. His wife died in 2005, five months after my g-g aunt. 2 months prior to wife’s death she appointed a friend... Read more »

Richard Sternberg
Richard Sternberg answered on Oct 22, 2021

Your description is too imprecise to render an opinion, but it sounds like you need a probate attorney licensed in Virginia to re-open the estate of Wife. I don't understand from your description what Father's rights are. You call him an heir, but you tell me that the sole beneficiaries... Read more »

1 Answer | Asked in Estate Planning for California on
Q: Hi I have an Estate Question, My Sister n law is trying to sell Her Mothers home (My Mother n law) I’m the Widow of

The Son, We have to Adult Children, who she is trying to exclude, She is trying to do a quick cash sale, but I found out that the Mother has it in Trust; and now the My sister n law is asking me for My Deceased Husbands Death Certificate , and She is trying to deem My Mother n Law incapacitated,... Read more »

Julie King
Julie King answered on Oct 22, 2021

The trustee is required to send written notice to all beneficiaries and heirs by law, so you may receive a copy that way. If you have children, they will definitely be sent a notice saying they have a right to get a copy of the trust — assuming the trustee knows the legal requirements. If you... Read more »

1 Answer | Asked in Estate Planning for Connecticut on
Q: In Connecticut, does a living trust need to be witnessed if it contains real property?

I didn't think so but then I came across this Thompson Reuters doc (written by CT lawyers) that says that a revocable trust does need to be witnessed in CT if it "conveys real property (Conn. Gen. Stat. Ann. §... Read more »

Steven Basche
Steven Basche answered on Oct 22, 2021

Very often after a revocable trust is created (or at the same time) the grantor who sets up the trust will transfer his or her house to the trust via a deed. It is unusual, very unusual, for the trust itself to convey real property.

So assuming you follow the procedure of setting up the...
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1 Answer | Asked in Estate Planning and Family Law for Missouri on
Q: When my mother passes, she is leaving her home to my brother and I. He will likely move in. How is this preventable?

My brother and family have my mom feed them all. They moved into a trailer with gutted kitchen, so instead of fixing it, they have partially moved in with our mom and have her provide and cook all their meals. Their home is also uninhabitable. My mom only provides for the family because they do not... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 22, 2021

There are a few things you can try. First, immediately petition the court to be appointed as executor or administrator of your mother's estate after she passes. Upon appointment you will have authority to change the locks. If he has already moved in you will have the authority to hire an... Read more »

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