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3 Answers | Asked in Estate Planning for Florida on
Q: I want to make changes to my will. Do I have to consult with a lawyer for the changes or what needs to be done?
Nina Whitehurst
Nina Whitehurst answered on Jul 29, 2021

There is no law that says you MUST hire an attorney to draw up your will or changes to an existing will, but if you want it done right, that is what you should do. Do-it-yourself wills often have terrible errors with tragic consequences.

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1 Answer | Asked in Estate Planning for California on
Q: Where would I be able to find a copy of a trust made 1977-1981, LA County, CA? I am sole executor. I've never seen it.
Julie King
Julie King answered on Jul 28, 2021

Trusts are not public documents so, unless there was a probate matter filed in Probate Court, your best bet would be asking family members if anyone has a copy. You may want to try the court in the county in which the person lived and the county in which the person died (if different) to see if... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Is it possible to revoke a lady bird deed in Florida to replace it with a quitclaim deed ?

My grandfather wants to remove my aunt off of his lady bird deed and add my mother on a quitclaim deed instead. What will he need to have done to have the lady bird deed revoked?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 28, 2021

You would need and want to have the current/original deed that created this interest reviewed, if it was properly drafted/created/worded, then generally, in order to be able to revoke the existing lady bird deed, all that the current owner would need to to do is validly execute a new deed. This is... Read more »

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2 Answers | Asked in Estate Planning and Probate for California on
Q: A (long time) divorced woman died intestate, how do heirs claim estate? Specifically real property?

A woman (long divorced) died, no will, trust, or direction. Survived by 1 natural child, 1 adopted, and 1 grandchild. How do her heirs claim estate?

Gina B Leguria
Gina B Leguria answered on Jul 27, 2021

The children can file a probate petition in superior court.

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1 Answer | Asked in Estate Planning for Virginia on
Q: Hi. My father recently passed away and myself and my sister are his heirs. There is no will. What do we do from here?

There are 2 properties in Puerto Rico in his name of which one shows his ex-wife listed. He divorced many years ago and to my knowledge there was a separation of their properties done. Where can we gain the knowledge of whether or not the property is indeed his ex wife's as well? Also, what... Read more »

Richard Sternberg
Richard Sternberg answered on Jul 27, 2021

It very much matters where your father was domiciled when he passed. You should consult counsel licensed in that state. If the only assets are Virginia real estate, you might avoid formal probate, but, in all likelihood, you'll need a probate in Virginia and an ancillary probate in Puerto... Read more »

1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: How much can I expect to pay a lawyer to be my agent under a durable power of attorney for finances?

What is a typical payment arrangement? I assume no payment is necessary until the agent actually begins carrying out his duties. Is the payment arrangement something that should be spelled out in the power of attorney document?

Gary Lane
Gary Lane answered on Jul 27, 2021

Do not use an attorney. No reason to spend that money. Anyone you trust who has reasonable acumen, can perform the task. If you wish to pay anyone, yes, be sue to spell it out.

1 Answer | Asked in Divorce and Estate Planning for Texas on
Q: Hello... how to separate a real estate from the marriage community property in TX?

My dad bought a property in TX and we are both in the title. I need to separate that property from marriage community property in case I get divorced. My wife is in agreement with this approach as my dad is the owner of the property and I am just in the title in case he passes. Is this something... Read more »

Elizabeth A. Sabol
Elizabeth A. Sabol answered on Jul 26, 2021

First, I'd want to know more about how the property was acquired in the first place. Are you sure it's community property? If it was given to only you as a gift even after marriage (eg, because your dad paid for 100% of the land but put you on the deed), it's still likely separate... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Who gets a house upon the demise in this situation?

My grandfather wants to remove my aunt from his deed. He has listed my mother as his beneficiary in his trust and the house is listed in the trust. My question is, since my aunt is listed on the deed , who will get the house? Does the trust take precedence over the deed? My aunt is not complying... Read more »

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

You need to speak with a Florida Estate Planning and Probate Attorney and get a copy of the current deed and have it reviewed. Based on the type of deed and how the property is held will determine what can or needs to be done. Generally speaking, a valid deed will be enforced above a Will and Trust... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Virginia on
Q: I'm looking for a legal service to take on joint partnership in a fixit upper property. My partner is refusing to sell.

I bought a fixit upper property from an auction with a partner to fix the house and sell it. After remodeling the house, my partner rented the property for the last 5 years to 3rd. party and refused to sell nor give me my share of the rental income. The deed in both our names half and half.... Read more »

Richard Sternberg
Richard Sternberg answered on Jul 26, 2021

If this property is in Virginia, the correct pleading is a Petition for Sale in Lieu of Partition, and, under Virginia law, the legal fees are paid off the top from the sale. As such, most attorneys will want some form of retainer to cover the initial fees, but those can be reimbursed at the end,... Read more »

1 Answer | Asked in Probate and Estate Planning on
Q: can a deceased parent disinherit any of their children in louisiana for any reason my father died a week ago

Am I entitled to a copy of the will and do the children automatically inherit half of the community assets survived by my stepmother

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 25, 2021

Generally, yes, a parent can disinherit a child for any reason unless the child is a "forced heir".

A "forced heir" is an child that is either (1) under the age of 24 at the time of your father's death; or (2) a child of any age who at the time of your father's...
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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Oregon on
Q: What is the best way to transfer a secondary residence from an aging father to their children?

We were looking to do a deed transfer, but I had questions of triggering a capital gains tax, or gift tax. I was advised the recipient will inherit the gift giver's tax basis, thus losing the step up in basis at death that would otherwise have occurred, thus creating in most cases a capital... Read more »

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 25, 2021

Example: father purchased the property for $50,000 in the 80s. His orignial "tax basis" is $50,000. So that if he sells it for $50,001 he has a gain of $1. Now its 2021 and It is now worth $200,000. The built in gain is $150,000.

If he holds onto the property, either as a...
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1 Answer | Asked in Estate Planning for New York on
Q: Real estate was recently sold (NY) and the beneficiaries were advised that the administrator / executor never obtained

an EIN/TAX ID and claimed estate under their own social security number for 26 years. What are the ramifications? Penalties? Do the beneficiaries have any recourse?

Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 25, 2021

There is a lot more information needed to answer your questions. There may be tax issues, fraud issues, breaches of fiduciary duty and several other legal issues. If the property was sold, was the title company able to clear title or are they unable to do so? You will need to speak, in detail,... Read more »

2 Answers | Asked in Estate Planning for California on
Q: My husband will not set up a trust, our assets are about 1.75 million. What happens if he should suddenly die?
Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jul 24, 2021

Generally, and understanding the details matter: Assuming all your property is community property, and he has no will, his estate (his half of your community property) will go through probate. Probate is a court process. You will receive the property, minus costs of administration. If there is... Read more »

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1 Answer | Asked in Government Contracts, Land Use & Zoning, Estate Planning and Real Estate Law for Wisconsin on
Q: we bought a property the rental of the land was not included in with the bill of sale do we have to honor the contract?

Nothing was signed by us and we didn't even know it existed. we waited for wheat to be done being harvested and now want to get rid of them so that we can plant our trees.

Nina Whitehurst
Nina Whitehurst answered on Jul 24, 2021

Your question cannot be answered without more information. Is there a written lease agreement? You will need to get a copy of that. Have you tried talking to the tenant about his intentions? Did the seller represent that there were no leases?

1 Answer | Asked in Estate Planning for Florida on
Q: When the owner of an account is deceased and directs his assets to two beneficiaries, is the Personal Representative

still entitled to the balance of a jointly held convenience account that was set up as a means to manage financial affairs of the deceased or should the balance be conveyed to the estate for distribution to the beneficiaries.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 23, 2021

Probate Law is very complex. No lawyer can answer your question because there is not enough information.

Foe example, if there is a Last Will, it will usually name a personal representative--who may or may not be a beneficiary of the Last Will. In situations where that is no Last Will...
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1 Answer | Asked in Estate Planning for Ohio on
Q: My mother pasted away and I received a RECEIPT AND WAIVER from her lawyer, it's vague. What is it for?
Andrew Popp
Andrew Popp answered on Jul 23, 2021

Tough to say from the generic description. The normal waivers we see are related to notice that the estate is being probated. I suggest taking the document into an attorney and having him or her review for you. Since each county probate court has their own forms that are used an attorney who... Read more »

1 Answer | Asked in Estate Planning for Arkansas on
Q: Is it legal for an agent of a poa to transfer the principals real estate or personal property into his or her own name.
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 22, 2021

I think this will depend on two things. First, whether the law of your state (Arkansas) permits this in certain cases, and Second, whether the POA specifically permits this.

In my state of Louisiana, it specifically states that "self-serving gifts" must be specifically allowed...
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1 Answer | Asked in Divorce and Estate Planning for California on
Q: Mom has dementia. Husband refuses to pay for care. How can she have access to community property to pay for her care?

Due to Covid and mom's progressing condition, she is no longer living with dad in their shared home. Dad controls rents from RE rentals, and has made more money than mom. He will not pay for any care. My sisters and I are struggling to pay for mom's care. I have power of attorney to... Read more »

Julie King
Julie King answered on Jul 22, 2021

I'm sorry to hear about your situation. I am not a family law attorney, but I can tell you this: Your mother owns half of the community property in the marriage and all of her separate property.

Community property is property that was earned during marriage (assuming there is no...
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1 Answer | Asked in Estate Planning and Banking for California on
Q: How do I become beneficiary over my deceased dad's estate cause my mother was the bene but she died unexpectedly no wil

I've taken over his asbestos trust since my mother passed but the attorney didn't have the affidavit notarized stating that I have been made beneficiary over the trust. Now a bank has closed my acct since March 2021and refuse to release the funds back to the other bank who sent my... Read more »

Julie King
Julie King answered on Jul 22, 2021

You may be using the wrong legal terms and, if so, it's OK, but it just makes it harder for a lawyer to know what you're asking. A "beneficiary" is a person who benefits by receiving assets from someone else's trust. In other words, a beneficiary inherits assets as a... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: Real estate was recently sold ( NY )and the beneficiaries were advised that the administrator / executor never obtained

an EIN/TIN number and claimed taxes under their personal SS Number for 26 years. What are the ramifications?

Michael David Siegel
Michael David Siegel answered on Jul 22, 2021

You would need to review with a lawyer/accountant. The answer is in the details.

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