Estate Planning Questions & Answers by State
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Estate Planning Questions & Answers
Q: I am 18 years old, I have a job, and I’m going to school in the spring is there a way I can rent an apartment to live in
Dr Kenneth V Zichi J.D.'s answer
You are a legal adult (18 or over) . You can legally enter into ANY contract (including a lease). Whether or not your LANDLORD will accept a promise from someone with no credit history without also requiring someone else to sign as a 'guarantor' is another question.
So yes, you CAN enter into a lease on your own. Whether or not you will be ABLE to do so is another question, and it depends a lot on what your landlords will require. 'Back in the day' landlords, especially in college...
You are a legal adult (18 or over) . You can legally enter into ANY contract (including a lease). Whether or not your LANDLORD will accept a promise from someone with no credit history without also requiring someone else to sign as a 'guarantor' is another question.
So yes, you CAN enter into a lease on your own. Whether or not you will be ABLE to do so is another question, and it depends a lot on what your landlords will require. 'Back in the day' landlords, especially in college...
Q: If there is no will on file when a person passes what happens to the home he owns.
Gerald Barry Dorfman's answer
If there are living relatives, the state will not get the property if there is no will. However, there are rules about who it goes to and what shares they get, if there is no will. So, if someone wants to make their own decisions about who gets what, they need a will.
If there are living relatives, the state will not get the property if there is no will. However, there are rules about who it goes to and what shares they get, if there is no will. So, if someone wants to make their own decisions about who gets what, they need a will.
Q: My mother just away away.My sister had the Power of Attorney for my mother.Under 5-1510 Gen Obligations-special proceed
2 Answers
| Asked
in
Criminal Law, Estate Planning and Probate
for
New York
on
Answered on Aug 16, 2017
Answered on Aug 16, 2017
Michael David Siegel's answer
You can get an accounting but it is a multi-step process. First you need to be the administrator of her estate. Then, you sue on behalf of the estate to get the money from your aunt.
You can get an accounting but it is a multi-step process. First you need to be the administrator of her estate. Then, you sue on behalf of the estate to get the money from your aunt.
Q: Is this worth becoming an executor of an estate
Dr Kenneth V Zichi J.D.'s answer
Every state has procedures for 'small estates' both in and outside of probate. I would advise you to consult with a local Probate attorney who can provide some guidance at minimal cost for such a small item. You MAY be able to simply prepare and present some sort of affidavit, or if the bank gets obstreperous (which they do frequently these days!) there may be a 'summary proceedings' that generates a Court order that you can use to get them to stop being so difficult. That will cost more, but...
Every state has procedures for 'small estates' both in and outside of probate. I would advise you to consult with a local Probate attorney who can provide some guidance at minimal cost for such a small item. You MAY be able to simply prepare and present some sort of affidavit, or if the bank gets obstreperous (which they do frequently these days!) there may be a 'summary proceedings' that generates a Court order that you can use to get them to stop being so difficult. That will cost more, but...
Q: Its it possible to hold the trustee of my father's family trust responsible for wrong & unfair distribution of property
Sally Bergman's answer
California law imposes a duty of loyalty upon the trustee, who must administer the trust solely for the interest of the beneficiaries and avoid acting in ways that benefit the trustee at the expense of the beneficiaries. You would need to speak to an estate planning attorney to determine the appropriate course of action.
California law imposes a duty of loyalty upon the trustee, who must administer the trust solely for the interest of the beneficiaries and avoid acting in ways that benefit the trustee at the expense of the beneficiaries. You would need to speak to an estate planning attorney to determine the appropriate course of action.
Q: Mom is administrator to her cousins estate. Ad Litem can't locate 2 other heirs after almost 2 years. What happens now?
Terry Lynn Garrett's answer
The executor can hire a private investigator or, if the executor is indigent, the attorney ad litem can ask the court to appoint one. Whether one is appointed and whether the missing heirs' portions are to be paid into the Court's registry pending their discovery is a decision for the judge.
The executor can hire a private investigator or, if the executor is indigent, the attorney ad litem can ask the court to appoint one. Whether one is appointed and whether the missing heirs' portions are to be paid into the Court's registry pending their discovery is a decision for the judge.
Q: when my father died should i have got a part of his life insurance, part of his assets, and part of his house?
2 Answers
| Asked
in
Adoption, Civil Rights, Estate Planning and Family Law
for
Louisiana
on
Answered on Aug 14, 2017
Answered on Aug 14, 2017
Douglas Lee Bryan's answer
In Louisiana, if a person dies without a will and leaves children, then the children inherit his estate, subject to a usufruct (right of use) in favor his surviving spouse until her death or remarriage. His succession would have been filed in court in the parish of residence at the time of his death; therefore, you should be able to determine by calling the clerk of court whether (1) a succession was ever opened on him, and (2) whether he had a will. His will, if he had one, would have to...
In Louisiana, if a person dies without a will and leaves children, then the children inherit his estate, subject to a usufruct (right of use) in favor his surviving spouse until her death or remarriage. His succession would have been filed in court in the parish of residence at the time of his death; therefore, you should be able to determine by calling the clerk of court whether (1) a succession was ever opened on him, and (2) whether he had a will. His will, if he had one, would have to...
Q: At the beginning of July my grandpas estate was finalized. The lawyers office said once the judge approved It and
Joseph Jaap's answer
Talk to the attorney or executor handling the estate. It is possible, but the paperwork sometimes moves slowly. Ask for a status report.
Talk to the attorney or executor handling the estate. It is possible, but the paperwork sometimes moves slowly. Ask for a status report.
Q: A person in hospice care needs to get a power of attorney done, however he is unable to sign a form, what can be done?
Sally Bergman's answer
If the person is mentally capable of signing, there are ways this can be accomplished. However, if the person is not mentally capable, any power of attorney signed in any manner would not be valid. You should talk to an elder law attorney immediately.
If the person is mentally capable of signing, there are ways this can be accomplished. However, if the person is not mentally capable, any power of attorney signed in any manner would not be valid. You should talk to an elder law attorney immediately.
Q: If I now reside in VA and I need to provide a certified true copy of revocation of POA that was filed in South Carolina
John Andrew Maghamez's answer
It depends. You need to speak to an estate planning attorney like myself about this it could be a simple fix but it also could require a bit more
It depends. You need to speak to an estate planning attorney like myself about this it could be a simple fix but it also could require a bit more
Q: Temporary child custody to grandparents because I am temporarily homeless and I brought my kids to them to have a home
1 Answer
| Asked
in
Child Custody, Estate Planning, Child Support and Collections
for
Georgia
on
Answered on Aug 13, 2017
Answered on Aug 13, 2017
William Head's answer
You are being asked to give up your legal rights, to your parents. If you sign the papers, that will be the final ruling, most likely. Because I cannot judge WHAT IS BEST FOR THESE CHILDREN, there is no way to give more of an answer. But, that issue should be your guiding light, not what you want. Children need stability and they need to have security, and it sounds like you can currently offer neither. But, your facts (as stated) do not tell the whole story of how this happened.
You are being asked to give up your legal rights, to your parents. If you sign the papers, that will be the final ruling, most likely. Because I cannot judge WHAT IS BEST FOR THESE CHILDREN, there is no way to give more of an answer. But, that issue should be your guiding light, not what you want. Children need stability and they need to have security, and it sounds like you can currently offer neither. But, your facts (as stated) do not tell the whole story of how this happened.
Q: Only asset house/land. Must be sold to pay bills. 3 beneficiaries. 1 wants a parcel of land. Must executor sell to them?
Michael David Siegel's answer
Your question is confusing. A beneficiary does not "buy" a bequest. The terms of the will govern.
Your question is confusing. A beneficiary does not "buy" a bequest. The terms of the will govern.
Q: I am not the executor of my dad's will, he died in April, where can I get a copy of his will?
Terry Lynn Garrett's answer
Any Will submitted for probate is a public document. Look online at the records of the probate or county court where your father died or owned real property.
A person in possession of a Will is supposed to present it within 30 days, though many people, in their grief, take longer.
Destroying or withholding a Will is a felony in Texas.
Any Will submitted for probate is a public document. Look online at the records of the probate or county court where your father died or owned real property.
A person in possession of a Will is supposed to present it within 30 days, though many people, in their grief, take longer.
Destroying or withholding a Will is a felony in Texas.
Q: My Mother recently died. My sister is executor of the estate. She is refusing to let the heirs even see the will.
John Andrew Maghamez's answer
You need an estate attorney which is something I handle. Would love to talk to you more about it. If your sister did in fact abuse her power of attorney then she could be liable.
You need an estate attorney which is something I handle. Would love to talk to you more about it. If your sister did in fact abuse her power of attorney then she could be liable.
Q: I am executor of my aunt's Estate. In her Will, #1 is to pay all bills, #2 and #3 leave money to her deceased siblings.
Barry Eran Janay's answer
I'd need to see the will, feel free to email it to me and I will let you know what would appear to be the correct disposition of the money.
I'd need to see the will, feel free to email it to me and I will let you know what would appear to be the correct disposition of the money.
Q: If something was to happen to me or my husband who would our kids go 2.I have been told they would go 2 an aunt or uncle
Alexander Florian Steciuch's answer
You're both right and you're both wrong. Who would get your children is up to the determination of the court in accordance with the best interests of the child. This is usually a family member. Whether that is the aunt and uncle or the grandparents is up to the court.
That said, parents usually nominate their proposed guardians to replace them in their wills, which is not dispositive of who would get custody of the children, but is considered a factor by the courts in selecting the...
You're both right and you're both wrong. Who would get your children is up to the determination of the court in accordance with the best interests of the child. This is usually a family member. Whether that is the aunt and uncle or the grandparents is up to the court.
That said, parents usually nominate their proposed guardians to replace them in their wills, which is not dispositive of who would get custody of the children, but is considered a factor by the courts in selecting the...
Q: My mother died without a will in California. My name is on it but not my brothers. He says he can force me to sell.
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
California
on
Answered on Aug 11, 2017
Answered on Aug 11, 2017
Gerald Barry Dorfman's answer
The underlying facts and specific way the property is held will be very important in your case. You need to respond to the petition, and should consult an attorney right away.
The underlying facts and specific way the property is held will be very important in your case. You need to respond to the petition, and should consult an attorney right away.
Q: Does a letters testamentary expire?
Dr Kenneth V Zichi J.D.'s answer
They do, and the expiration date is usually on the document. If you don't understand what is there, you should consult with your attorney (you DO have an attorney helping you right?) ....
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
They do, and the expiration date is usually on the document. If you don't understand what is there, you should consult with your attorney (you DO have an attorney helping you right?) ....
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
Q: My grandfather passed away in May of last year and my father(one of 4 heirs) passed away a month later. Why does my paps
2 Answers
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Pennsylvania
on
Answered on Aug 11, 2017
Answered on Aug 11, 2017
Mark Scoblionko's answer
Whether or not your grandfather had a Will has nothing to do with the obligation to open an estate and pay inheritance tax on all assets. Similarly, an estate will have to be opened for your father.
Whether or not your grandfather had a Will has nothing to do with the obligation to open an estate and pay inheritance tax on all assets. Similarly, an estate will have to be opened for your father.
Q: My house isn't paid off yet, and I want to know can I put the house in children name. How long is the process?
John Andrew Maghamez's answer
Yes you absolutely can you just need an attorney to draft a deed of gift for you. If you are no longer an owner your kids would likely then have to handle the mortgage
Yes you absolutely can you just need an attorney to draft a deed of gift for you. If you are no longer an owner your kids would likely then have to handle the mortgage
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