Lawyers, Answer Questions  & Get Points Log In
Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Probate and Tax Law for Colorado on
Q: I had shares in my family farm that has been handed down for 4 generations. My brother bought my shares of the farm.

Do I have to pay taxes on the money I got from my farm inheritance?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 24, 2020

You don't pay tax on inherited property. But it sounds as if you inherited the property then sold it which is different.

You would need to determine the basis in the shares when you received them and compare that to the sales price to determine if any gain exists.

1 Answer | Asked in Estate Planning for Mississippi on
Q: In reference to my previous question

"If my husband dies while paying a secured loan, am I responsible for that loan. Can they take the collateral from me?":

I am not a signer on that loan and we do not live in a community property state. Much of the collateral is household goods; appliances. Are you saying that they can take... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2020

That is the nature of collateral, yes. The secured lender can take the collateral if the loan goes into default.

1 Answer | Asked in Elder Law, Probate and Estate Planning for Puerto Rico on
Q: My dad past away in Puerto Rico. He had joint ownership of their home and bank accounts with my mom. My mom seemed leg

Seeked Legal advice and handed checks over to this lawyer that were in both her name and my dad’s. That was 5 years ago and now the atty is avoiding my mom and has all her accounts frozen. The atty is also avoiding my calls. It is a large amount of money and my mom has not received a dime of... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 23, 2020

Hello and thank you for using Justia. You will need to create an Estate for your beloved Father and do a declaration of Inheritors in a Court process. Once the Court has issued the decrece declaring the inheritors , the next step is to file the Estate's Inheritance tax return. This will create a... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for North Carolina on
Q: My brother is in probate sister removed as mom's guardian. Can I enter the case so I can give the judge a proposal?

My brother has been in court for 2 years to try to get my sister removed as Mom's guardian. He has kept me out of the process to care for my parents and my sister is against all of us. I want to enter the case to give the judge a proposal to just remove all siblings from the parents care. My... Read more »

Adam Bull
Adam Bull answered on Jan 23, 2020

You can file a motion to have the guardian removed and seek the appointment of a neutral guardian, or you have the right to appear at any hearing and present your testimony in support of your brothers motion.

1 Answer | Asked in Estate Planning for Texas on
Q: Is my father's estate responsible for his wife's credit card debt if he was not on the card
Ross F. Tew
Ross F. Tew answered on Jan 23, 2020

In my experience the answer is yes. Debt incurred during the marriage is community debt. I have had creditors agree in writing that they discharge any claim against the estate and will only seek payment from the surviving spouse. You should definitely be working with an attorney if you are... Read more »

1 Answer | Asked in Estate Planning for Kansas on
Q: What is a fair executor fee on a $120,000 estate in Kansas with no probate?
Doug Coe
Doug Coe answered on Jan 23, 2020

Technically, if there is no probate, there is no executor -- which means no fees at all. To the extent someone has to actually do work on behalf of the estate, it's usually done on an hourly basis and the hourly rate is based on complexity of work and skill sets required. The size of the estate is... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: A family member had a new will and POA made to change my aunt’s current one & she signed it against her wishes. Illegal?

The aunt had a nephew named as POA because her only daughter had died. The widowed son-in-law wanted control for his kids (the grandkids), so he had a lawyer make a new will and POA naming his kids. When she signed this new document she was distraught over her husband’s death and going thru many... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2020

Yes, she can do a new will revoking all prior wills and she can do a new POA revoking all prior POAs. She should also notify anyone in possession of the original or copies of the revoked POAs that they have been revoked. She should have an estate planning attorney help her with this to make sure... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Can my grandmother sell a house in Puerto Rico that is willed out to me and my sister by my deceased grandfather.

Can she change his will and sell the house herself ? They only had one son, my father and he is deceased also.

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2020

If the entire interest in the house was owned by your grandfather at the time of his death, and if he left it to you and your sister in his will, then it should already be titled in your name and your sister's name. If it is not, then either it was not in fact left to you and your sister or your... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Florida on
Q: The declarations of heirs was done in Puerto Rico. My siblings change the locks and refuse to give me copies?

My sibling feels because he’s the oldest it’s what he says

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 23, 2020

What does this have to do with Florida? Is the property in Florida? If so, someone would have to be appointed by a Florida court as personal representative. If the "declaration of heirs" constitutes a will according to Florida law (without regard to where it was executed), and the decedent was a... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: Do I notify the lender that my parents have passed? The mortgage is current
James Edward Berge
James Edward Berge answered on Jan 22, 2020

It’s not necessary as long as you keep making the mortgage payments, but if you want to know the outstanding balance or want your monthly statements to be sent to another address, then yes, let the lender know of your parents death. Now, if you’re dealing with a reverse mortgage, the lender... Read more »

2 Answers | Asked in Estate Planning and Probate for California on
Q: Dad passed oct 2019, mom passed dec 2019. There is no will & there is a mortgage. Do I continue to pay house?
James Edward Berge
James Edward Berge answered on Jan 22, 2020

Yes. If you fail to pay the mortgage, you will lose the home to foreclosure. Death of a borrower does not trigger a due on sale clause. If you make the mortgage payments, keep track of them all and claim reimbursement from the estate when you can. Without a Will, the children will inherit the... Read more »

View More Answers

1 Answer | Asked in Contracts, Estate Planning, Insurance Bad Faith and Probate for North Carolina on
Q: Wanting to know if I have a case?

My homeowners insurance refused to pay off my house after my husband passed away because they said it was in a grace period. It didn't get paid for that month but when he passed it was still in a grace period. Called around 7 or 8 times and they kept refusing to honor it.

Adam Bull
Adam Bull answered on Jan 22, 2020

This doesn't sound like a homeowners insurance but maybe life insurance. Ultimately it's a contract issue. If the default was not cured there may not be relief. However if he passed during the grace period, generally the policy should be honored.

Consult an experienced civil litigation...
Read more »

1 Answer | Asked in Divorce, Estate Planning and Family Law for Connecticut on
Q: My husband and I divorced about 4yrs ago and in the divorce decree I was awarded 50% of his pension and 60% of his 401k

My husband and I divorced about 4yrs ago and in the divorce decree I was awarded 50% of his pension and 60% of his 401k employee savings. His attorney was to submit the QDRO info, I received a payment payout on the pension plan. But I recently realized that I never received anything on his 401k... Read more »

Linda Ann Subbloie
Linda Ann Subbloie answered on Jan 22, 2020

My first question is: Was his attorney supposed to actually draft the QDRO and file it with the court? The reason I ask is that usually, most of us family attorneys, farm out QDRO's to an attorney who specializes in QDROs. There are a handful of attorneys who handle them. For purposes of this... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: What happens if original will states one thing, but decedent changes his mind but it wasn’t recorded?

My father in law passed away (in IL) over thirty days ago. In the original will it stated his home was to be sold and split among the heirs. A couple months prior to his passing he stated he wanted my husband to have the home, which my husband agreed to (it is not paid off). My husbands name was... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on Jan 22, 2020

When you state that your husband's name was added to the deed, what exactly do you mean. As a general principle, the will governs the disposition of the decedents property as that property exists at the time of death. If your father-in-law conveyed and properly recorded the deed of conveyance into... Read more »

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for California on
Q: I was my mothers care taker and I was living in her house when she died,my question is can my siblings evict me?

My mother left no will it's got to go through probate,also I have been the sole care giver and have lived there for 5yrs what are my rights.

James Edward Berge
James Edward Berge answered on Jan 22, 2020

Your siblings have no legal authority to evict you from your mother's house. Only a personal representative for your mom's estate would have the authority to do so, and to become a personal representative requires a probate. Until that time, you have every legal right to remain in the house. If... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Where can I find the forms needed to file for Oklahoma probate?
Richard Winblad
Richard Winblad answered on Jan 22, 2020

Even simple probate cases require a multitude of forms. Some county courthouses have law libraries with form books but knowing which of the hundreds of from to file and the timing thereof is complex. That is why attorneys who don't handle probates hire other attorneys to handle those matters.

1 Answer | Asked in Estate Planning, Collections and Probate for Oregon on
Q: What is the legal process to gain legal authority to act on deceased behalf when there is no will and no estate?

My sister was struck and killed by a car in November 2019 in Portland OR. She was married and has no children. She died without a will and what we believe is an insolvent estate as we came to find out that she was secretly in a mountain of debt. Many collections agencies will not release... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 22, 2020

I am so sorry for your loss. Unfortunately, there is no legal way to obtain the information you need about your sister's debt without filing a probate. Since your sister passed without a Will her spouse will inherit her estate through Oregon's intestate laws. I recommend he hire an experienced... Read more »

1 Answer | Asked in Estate Planning for California on
Q: My dad passed away no will single and I'm the only child what are my rights

my dad lived in my grandmother's house when he passed my aunt changed the locks and told me that she has power of attorney over my grandma and I need to stay out of the house how do I get his belongings back

Nina Whitehurst
Nina Whitehurst answered on Jan 22, 2020

To do this right, you need to hire a probate attorney to open a probate of your dad's estate and ask that the court appoint you as the executor. Then, as executor, you will have the power of the probate court to back you up as you demand access to gather up your dad's things and distribute them... Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: Step parent dies after biological parent there is no will whom inherits all property of grown living children in NJ

Nephews made funeral arrangements no mention of grown step children in obituary cause out of state never would let step children in family home. Father had died 2 years prior with brain tumor cancer and had him change his will 2 weeks before passing Grown children let it go cause thought property... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 22, 2020

You need to sit down with a probate attorney as soon as possible to go over the situation. A family tree is going to need to be created to go over all living heirs to figure who is entitled to what. The attorney will also need to review a copy of the will.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Dakota on
Q: Warranty deed is lost without being recorded with the County. Grantor is now deceased.

My mother did a Contract for Deed on her house with my nephew. The house was paid for in 2014. The lawyer sent out the original deed to my mom's Personal Representative to get recorded. No one recalls ever receiving the original copy nor can anyone find it now. I have a copy of the signed... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 21, 2020

The usual solution is the nephew needs to make a claim in your mother's probate case for distribution of your mother's share of the house to him. He will need to prove that there was a contract and it is now paid in full. It would be helpful to at least get a photocopy of the deed from the... Read more »

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.