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Estate Planning Questions & Answers

1 Answer | Asked in Divorce and Estate Planning for Illinois on

Q: Confused - downsides of getting a prenup and declaring assets ahead of time? Is it better to hide premarital assets?

Getting married for first time in a few weeks, his first marriage as well. I outearn him 4:1. Confused whether to show my cards - I believe his expectations of me would increase. He doesn't know my salary and net worth. Very confused what to do. Financial habits are very bad -no savings and... Read more »

J. Richard Kulerski Esq. answered on May 26, 2019

If you want your pre-nuptial agreement to be valid, you MUST list ALL of your assets. It's for your own protection. Besure to provide in your agreement which state's law will apply in the event of a divorce. You can specify this. A lawyer can advise you how to handle assets acquired and money... Read more »

1 Answer | Asked in Estate Planning for Maryland on

Q: 17-111 requirements: 2 witnesses signed in presence of the principal. notary is 1 witness. Is lawyer the second witnes

Maryland annotated code 2010

Mark Oakley answered on May 26, 2019

Under Estates Code 17-110, a Maryland power of attorney under the statutory provisions must be (1) notarized and (2) signed by and before two witnesses. The Notary may also sign as one of the two witnesses in addition to signing as a notary. A lawyer may act as a witness.

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Michigan on

Q: My mother passed intestate. She left an old mobile home that was never transferred in her name. Am I responsible for it?

It's in a seasonal campground and the park owner wants it renovated, removed or demolished. I want nothing to do with it. Also, the park owner misplaced my mother's lease. Can I take the belongings and walk away?

Trent Harris answered on May 25, 2019

So you’re saying you don’t think there is a certificate of title saying your mother owned the trailer. Or, she leased it and didn’t own it.

If that is truly the case, then the trailer didn’t legally belong to your mother. It would not be property of her estate, but the estate could...
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2 Answers | Asked in Estate Planning for California on

Q: Can anyone advise me where I may be able to find a living trust,I was told it was lost,never had a chance to view it .

To Whom it may concern, thank you in advance for responding to this message,I need to honestly know,if there is any way,I can track down a living trust, my Dad passed away and because at the time, I was in the US military special ops unit,I was unaware of his passing, once the mission was... Read more »

Jeffrey Louis Gaffney answered on May 24, 2019

There is no good answer to this one.

Are you sure he had a Trust? Did he have the house titled in the name of a Trust? Or bank accounts?

It is possible that the bank or brokerage house will have a copy if he held an account there in the name of the Trust.

It is remotely...
Read more »

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2 Answers | Asked in Family Law and Estate Planning for Florida on

Q: girlfriend says her attorney told her her fathers money can only be given to her man,,, heard that from another woman,

says fathers money transfer to her man only $30,000.00 wants me to open blockchain acct to transfer it to ,, this is her inheritance

Henry George Ferro answered on May 24, 2019

This is an easy one...complete and utter nonsense

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1 Answer | Asked in Estate Planning and Probate for Virginia on

Q: Need help/guidance in estate claim/probate claim in VA.

Assistance with an estate situation that has in VA. Best of friends and also involved in formal business since 2007.

Brother is listed as executor of a will that was filed. The will is very vague drafted in 2009. It mentions nothing regarding our business relationships over the years.... Read more »

Richard Sternberg answered on May 23, 2019

It is difficult to pursue a claim as small as $13,000 with a claim involving a declined probate. It isn't as simple as a General District Court case, because it needs to start with the opening of a probate and might lead to a contested and hostile petition for probate by you in spite of not being... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Pennsylvania on

Q: Questions about ownership of a house

We have a house that was transferred from my grandparents. The deed reads as:

(Dad's name), a married individual, (my name) a single individual, (brother's name), a single individual, as joint tenants with right of survivorship and not tenants in common. (herein called "Grantees")... Read more »

Peter N. Munsing answered on May 23, 2019

JTWROS means whoever survives owns--it isn't something that an estate gets. So you are the owner. 2014/7 deals with a situation where the property isn't titles the way this was.

1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for California on

Q: CAN A LIZ PENENCE BE FILED AGAINST PROPERTY IN AN LLC THAT IS IN DISPUTE

A LAWSUIT HAS BEEN FILED FOR ELDER FINANCIAL ABUSE. IF THE PROPERTY ASSETS ARE FROZEN WHO DO THE TENENTS PAY RENT TO

Thomas A. Grossman answered on May 23, 2019

Without knowing all the facts, I would assume that rent payments should be put in a trust at the bank, to be released when the final results of the court hearing are known.

2 Answers | Asked in Estate Planning for Texas on

Q: Does a no contest clause in a will cover the executor of the will ?

My step brother is named executor and he had misappropriated some of the assets of before death ( with a POA) I was going to go to court file to have him removed from executor but am concerned about the no contest clause

Terry Lynn Garrett answered on May 22, 2019

It is hard to tell what the "no contest" clause covers without reading the Will. Texas law exempts contests brought in good faith and for just cause. From your description it sounds as though rather than contesting the distributions under the Will, you may be contesting the appointment of the... Read more »

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1 Answer | Asked in Estate Planning and Probate for Texas on

Q: my brother passed in tx, he left a holographic will (I was told I was to receive everything) and a life insurance policy

(he told me I was the beneficiary). his landlord confirmed they were in his rental. my sister and/or niece found them, removed them from his rental and are denying they exist. Another family member confirmed they exist in a text message. what do I file, a small estate affidavit or a motion to... Read more »

Tammy Lyn Wincott answered on May 22, 2019

You should contact an attorney immediately in the area where your brother died. If you know the insurance company, you may be able to present proof of death to them and claim any funds specifically left to you.

1 Answer | Asked in Estate Planning and Elder Law for Indiana on

Q: One of the executor of my mothers estate is living in my mothers house for 2 months since her death. She won't leave.

We are trying to clean up the place for household auction and possibly rent the house. There are 2 executors with total if 4 heirs. We think she is hiding goods she wants or from someone that wants a certain item. This executor is homeless usually. Our lawyer is not helping us. What can we do?

Alexander Florian Steciuch answered on May 21, 2019

You should consult with another probate attorney to discuss your concerns if your current one is not listening or dismissing your concerns.

1 Answer | Asked in Estate Planning for Wisconsin on

Q: My father passed away and I am the sole heir, his girlfriend lives in his house for 5 years and does not pay rent.

Can I change the locks on his garages while we try to get her out of the house?

Thomas B. Burton answered on May 21, 2019

You should see if your father executed a Will before he died. If he had a Will, this document will state what was to happen to his assets and should name a Personal Representative in charge of the Estate. Your Father's house is now owned by his Estate, and unless his Will stated that his girlfriend... Read more »

1 Answer | Asked in Estate Planning, Elder Law, Health Care Law and Social Security for Massachusetts on

Q: How will equity from sale of a house affect govt asst. programs like ssdi, medicare, masshealth, food stamps, housing?

Yes I am disabled, on hemodialysis, and get palliative care services. My house will be closing on Wednesday. I will be getting about $150,000 (that's the gain). What federal/state assistance programs will be affected by this gain of money? Is there any legal way around it or to avoid losing the... Read more »

Lillian J. LaRosa answered on May 21, 2019

You have not stated whether you are disabled . If so, there is a special needs trust you can explore.

1 Answer | Asked in Estate Planning and Family Law for Georgia on

Q: How can I accept a settlement agreement and still file a response to a uncontested divorce petition?

My spouse filed false allegations in her uncontested divorce petition (citing “cruel treatment”), if I write/file a “response” rebutting each false allegation in the petition, can I also sign the settlement agreement that she included with the divorce petition?

Will everything be... Read more »

Ellaretha Coleman answered on May 20, 2019

You can still enter into a settlement agreement even if you dispute the allegations as raised in the complaint for divorce.

1 Answer | Asked in Estate Planning for Tennessee on

Q: IN THE STATE OF TENNESSEE, IF 5 CHILDREN INHERITED FROM A PARENT AND ONE OF THE ADULT CHILDREN WAS PREDECEASED

WHO INHERITS HIS PART IF THERE ARE NO CHILDREN AND HIS WIDOW (THE PREDECEASED) REMARRIED AFTER THE DEATH OF THE TESTATOR?

Anthony M. Avery answered on May 20, 2019

If the Widow of the adult Child was his surviving spouse, then she will take later on as she is that Child's sole Heir and KIn. But she will have to pursue her rights, and after 7 years, it is a remote possibility the others might claim sole ownership. If there is a Probated Will involved,... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on

Q: I married a man with adult children. We bought a home since. If he passes can they take the home from me?

All children were on their own. Previous spouse deceased. Mortgage comes from my account. Other Bill's from his.

Richard Winblad answered on May 20, 2019

A couple of things. Under Oklahoma law for property located here.

If deed named you and your husband as Joint tenants with right of survivorship then the property will belong entirely to you (subject to the mortgage) by filing an affidavit of surviving joint-tenant with his death...
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1 Answer | Asked in Probate and Estate Planning for New York on

Q: My co-worker significant other died without a will. Who owns their camp? He has 4 adult children.

His brother is trying to say he owns the camp

Michael David Siegel answered on May 20, 2019

When you say camp, do you mean a business that is a camp for kids? His kids inherit his estate, not his brother. But a business is likely incorporated, and the corporate papers will govern what happens to your friend's share.

1 Answer | Asked in Estate Planning for Washington on

Q: my mom is giving my nephew my stepdads house and its not in her name can she do that?

my dads name was the only name the house was in and my mom had to get an attorney to get the house, only the finance company will not put it in her name until its paid off. what happens to it when she dies does it go to her children. because she is trying to give it to my nephew they went down and... Read more »

Brent Bowden answered on May 19, 2019

If your mom did not have a will, you would have a right to it before your nephew.

However, while your mom is alive, she can do more or less whatever she wants with her property. Likewise, she can leave it to whoever she wants in her will. At that point, you would have no right.

As...
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2 Answers | Asked in Divorce and Estate Planning for Illinois on

Q: Do you need to declare liquid assets that have a beneficiary in a prenup in illinois (bank accounts and retirement)?

Don't want my fiance to know my assets but want a prenup - is there any solution?

J. Richard Kulerski Esq. answered on May 19, 2019

If you are merely the beneficiary, the asset is not yours and you do not have to list it. However, if it is your account and someome else is the beneficiary, then you should and must list it. Doing so is for your own protection going forward.

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1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on

Q: In PA, are both spouses required to sign closing documents if only one spouse is listed on deed and mortgage?

Home is in name of spouse and deceased mother. Proceeds must be split between spouse and estate

Elizabeth Tarasi answered on May 19, 2019

Yes also you need to consult an attorney for this. While the property is in both name there are estate taxes that need to be taken care of and if you are married your wife has an interest. You really need to retain an attorney to get you through this transaction.

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