Estate Planning Questions & Answers by State
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Estate Planning Questions & Answers
Q: Is there recourse for being wrongly denied life insurance?
1 Answer
| Asked
in
Consumer Law, Estate Planning and Insurance Bad Faith
for
Massachusetts
on
Answered on Mar 18, 2019
Answered on Mar 18, 2019
Timur Akpinar's answer
One option is to seek insurance through a different carrier. If you need insurance and wish to avoid delays in obtaining coverage, valuable time could be lost in pressing the issue with the original carrier.
Tim Akpinar
One option is to seek insurance through a different carrier. If you need insurance and wish to avoid delays in obtaining coverage, valuable time could be lost in pressing the issue with the original carrier.
Tim Akpinar
Q: We own 81 acres of land shared by 4 families not divided. Can property be sold if one family do not agree to sell?.
Robert W. Hughes Jr.'s answer
All OWNERS must consent to sell the property. If ALL OWNERS will not consent, you can file a petition to partition the land and then you can sell your interests in the property.
All OWNERS must consent to sell the property. If ALL OWNERS will not consent, you can file a petition to partition the land and then you can sell your interests in the property.
Q: How to word an affidavit for a release of lien with the Surrogate Court of NY, for which a credit card debt was settled
Lauren Nagel Richardson's answer
This is a question to be answered by a NY attorney. If you have a written satisfaction signed by the creditor, ask the NY attorney if you may simply file that or if another document needs to be prepared.
This is a question to be answered by a NY attorney. If you have a written satisfaction signed by the creditor, ask the NY attorney if you may simply file that or if another document needs to be prepared.
Q: am i eligible to receive an inheritance?
Anthony Marvin Avery's answer
If you are designated as a Legatee or Devisee in anyone's Will that is Probated, then you should receive that Testamentary Gift. However you are potentially a Heir or Kin only from your actual (adopted) Father's Family. So you cannot inherit from your birth father's family. However you may wish to ensure that you are actually Adopted.
If you are designated as a Legatee or Devisee in anyone's Will that is Probated, then you should receive that Testamentary Gift. However you are potentially a Heir or Kin only from your actual (adopted) Father's Family. So you cannot inherit from your birth father's family. However you may wish to ensure that you are actually Adopted.
Q: My father in law owns a farm that is to go to my husband upon his death. My husband has a step brother who has no
Joseph Jaap's answer
Father in law should meet with an estate planning attorney to review all the facts of the situation. The attorney can discuss various options of how to accomplish what he wants to do. It could be as simple as executing an affidavit, but he should also have a will, a living will, and financial and health care powers of attorney. Use the Find a Lawyer tab to find a local estate planning attorney to meet with him.
Father in law should meet with an estate planning attorney to review all the facts of the situation. The attorney can discuss various options of how to accomplish what he wants to do. It could be as simple as executing an affidavit, but he should also have a will, a living will, and financial and health care powers of attorney. Use the Find a Lawyer tab to find a local estate planning attorney to meet with him.
Q: Can a daughter of a pastors wife obtain a church with a durable power of attorney in New York?
1 Answer
| Asked
in
Contracts, Estate Planning and Elder Law
for
New York
on
Answered on Mar 14, 2019
Answered on Mar 14, 2019
Michael David Siegel's answer
No. If the church was a duly formed religious corporation, the bylaws of the corporation govern what happens to its assets.
No. If the church was a duly formed religious corporation, the bylaws of the corporation govern what happens to its assets.
Q: My grandfather put his wife on the deed to his house. Both passed away and neither had a will.
1 Answer
| Asked
in
Real Estate Law, Estate Planning and Family Law
for
California
on
Answered on Mar 13, 2019
Answered on Mar 13, 2019
Jeffrey Louis Gaffney's answer
It depends ...
Unless he adopted the step children, they have no rights to his property.
When you die without a Will, called dying intestate, the law steps in a divides your property based on what family you left and step children get nothing.
However, if your grandfather put his wife on the deed, then it can be assumed that was a gift to the community, making the house a community property asset (half belongs to each). If they held it as joint tenants, then the...
It depends ...
Unless he adopted the step children, they have no rights to his property.
When you die without a Will, called dying intestate, the law steps in a divides your property based on what family you left and step children get nothing.
However, if your grandfather put his wife on the deed, then it can be assumed that was a gift to the community, making the house a community property asset (half belongs to each). If they held it as joint tenants, then the...
Q: Can the executor of a Utah estate be the sole beneficiary also (disinheriting children)?
Wesley Winsor's answer
The answer to your questions is, "yes" an executor can be the only named beneficiary of an estate. It happens all the time when there is only one child remaining or there are two children and one of them has become estranged.
You stated that your aunt, whom your mom disliked, became your mom's legal guardian. She must have done this through the Court system. If this is in fact what happened, rather than just getting a power of attorney signed, all of her children would have had to...
The answer to your questions is, "yes" an executor can be the only named beneficiary of an estate. It happens all the time when there is only one child remaining or there are two children and one of them has become estranged.
You stated that your aunt, whom your mom disliked, became your mom's legal guardian. She must have done this through the Court system. If this is in fact what happened, rather than just getting a power of attorney signed, all of her children would have had to...
Q: Husband passed. I have checking account joint, but not our savings. What should I do?
Akin Williams' answer
If any of the bank accounts and properties were located in England & Wales , United Kingdom OR your husband was EITHER domiciled in England and Wales,United Kingdom OR his will stated that it be governed by the Law of England & Wales,the law of England & Wales would be relevant and apply.
In such cases, you would first have to consider the provisions of your husband's will if he left one as any prospective Buyer would require written confirmation from the executor or administrator...
If any of the bank accounts and properties were located in England & Wales , United Kingdom OR your husband was EITHER domiciled in England and Wales,United Kingdom OR his will stated that it be governed by the Law of England & Wales,the law of England & Wales would be relevant and apply.
In such cases, you would first have to consider the provisions of your husband's will if he left one as any prospective Buyer would require written confirmation from the executor or administrator...
Q: I did my own will through the Suze Orman website and my will mentions a revocable trust but I didn't do it.
John Whalen's answer
... Hello ...
... please please please do not listen to Suzy Orman ... She is based in California, cites California law, and is not an attorney ...
... Estate and Wills law is state specific ...
... Please ensure your Will is proper under Pennsylvania law ...
... thank you and good luck ...
... John ...
• • • • •
John B. Whalen, Jr., JD., LL.M., Attorney and Counselor at Law. Mr. Whalen is AV Peer Review Rated Preeminent 5.0 and...
... Hello ...
... please please please do not listen to Suzy Orman ... She is based in California, cites California law, and is not an attorney ...
... Estate and Wills law is state specific ...
... Please ensure your Will is proper under Pennsylvania law ...
... thank you and good luck ...
... John ...
• • • • •
John B. Whalen, Jr., JD., LL.M., Attorney and Counselor at Law. Mr. Whalen is AV Peer Review Rated Preeminent 5.0 and...
Q: My father passed away in Puerto Rico. I live in Florida. Do I have to go to Puerto Rico make declaration?
Terrence H Thorgaard's answer
It's a matter of Puerto Rican law, not that of Florida. So you should ask this question in Justia › Ask a Lawyer › Puerto Rico ›. For example, as a Florida attorney, I have no idea what "make declaration" even means.
It's a matter of Puerto Rican law, not that of Florida. So you should ask this question in Justia › Ask a Lawyer › Puerto Rico ›. For example, as a Florida attorney, I have no idea what "make declaration" even means.
Q: irrevocable trust in place and mom died last month. What docs need filed relating to cost step up basis?
Jeffrey Louis Gaffney's answer
Nothing is needed except good records.
What you want to do is find something to show what the value of the property was when she died. A good idea is to have the property appraised (cost a few hundred dollars). That will give you a reasonable and fact based idea from a trained professional. Don't wait too long or the appraiser might not be able to find historical data from that time; best to do it now.
The IRS will probably not argue with that estimate of the cost basis.
Nothing is needed except good records.
What you want to do is find something to show what the value of the property was when she died. A good idea is to have the property appraised (cost a few hundred dollars). That will give you a reasonable and fact based idea from a trained professional. Don't wait too long or the appraiser might not be able to find historical data from that time; best to do it now.
The IRS will probably not argue with that estimate of the cost basis.
Q: I live in a. and my brother died without a will. I need to become personal representative to open an estate checking acc
Karen L. Rowell's answer
You will need to contact the Court Clerk in the jurisdiction in Hawaii where he died and go there to qualify on his estate. You will need a certified copy of his death certificate. You should be able to reimburse yourself out of the estate assets for expenses incurred in the administration of the estate, within reason, with the approval of the Commissioner of Accounts (or whatever they call that in Hawaii, it may be very different). You should also contact an attorney local to the area in...
You will need to contact the Court Clerk in the jurisdiction in Hawaii where he died and go there to qualify on his estate. You will need a certified copy of his death certificate. You should be able to reimburse yourself out of the estate assets for expenses incurred in the administration of the estate, within reason, with the approval of the Commissioner of Accounts (or whatever they call that in Hawaii, it may be very different). You should also contact an attorney local to the area in...
Q: Is there a specific format that an amendment to a Revocable Living Trust in Arizona must be in to be considered legal?
1 Answer
| Asked
in
Civil Litigation, Contracts and Estate Planning
for
Arizona
on
Answered on Mar 11, 2019
Answered on Mar 11, 2019
Ryan K Hodges' answer
An amendment can be challenged if it does not comply with the form of an amendment provided for in the trust or if it has other legal defects. As far as I know, the court does not offer a particular form for doing so. The court has a generic objection form that could be adapted to that purpose.
An amendment can be challenged if it does not comply with the form of an amendment provided for in the trust or if it has other legal defects. As far as I know, the court does not offer a particular form for doing so. The court has a generic objection form that could be adapted to that purpose.
Q: Can an executor of a will sell a house under his control for $1.00?
Karen L. Rowell's answer
To sell the house for less than it's value would be a breach of fiduciary duty. However, if the other beneficiaries disclaimed their shares it would pass to whoever would take if they had predeceased, which could result in a larger share, or perhaps even the entire interest, passing to the daughter. You would need to have an attorney review the Will to determine who takes if they had predeceased, such as, does it pass to whoever survives out of the three named or does it pass to their heirs,...
To sell the house for less than it's value would be a breach of fiduciary duty. However, if the other beneficiaries disclaimed their shares it would pass to whoever would take if they had predeceased, which could result in a larger share, or perhaps even the entire interest, passing to the daughter. You would need to have an attorney review the Will to determine who takes if they had predeceased, such as, does it pass to whoever survives out of the three named or does it pass to their heirs,...
Q: If there’s a joint will And one spouse dies Can the other spouse change the will or sell what was left to someone
1 Answer
| Asked
in
Contracts, Estate Planning, Family Law and Elder Law
for
Kentucky
on
Answered on Mar 10, 2019
Answered on Mar 10, 2019
Timothy Denison's answer
It depends on the will joint will reads. You should consult a probate and estate planning attorney who can review it and tell you how to proceed.
It depends on the will joint will reads. You should consult a probate and estate planning attorney who can review it and tell you how to proceed.
Q: My grandmother passed away and my mother was her executor, my mother passed away in November of 2018 I'm told someone
Ryan K Hodges' answer
You may need to get a new executor appointed depending on the status of the estate and remaining assets. You should consult with a probate attorney.
You may need to get a new executor appointed depending on the status of the estate and remaining assets. You should consult with a probate attorney.
Q: Can the Beneficiary/powerholdes of a Crummey Trust change from year to year.
Anthony Marvin Avery's answer
You need to hire a competent attorney to examine the Trust in force, and examine what you wish to do in the future. It is impossible to give you advice without examining the Trust Instrument, your Tax returns, the Trust's Tax Returns if any, and what your objectives are in relation to the Beneficiaries. Again hire an attorney and forget about general inquiries on the computer. Your attorney does not need to be local.
You need to hire a competent attorney to examine the Trust in force, and examine what you wish to do in the future. It is impossible to give you advice without examining the Trust Instrument, your Tax returns, the Trust's Tax Returns if any, and what your objectives are in relation to the Beneficiaries. Again hire an attorney and forget about general inquiries on the computer. Your attorney does not need to be local.
Q: does revocable trust need to be witness in California
Jeffrey Louis Gaffney's answer
Witnessing is not enough! A Trust needs to be notarized. Spend the $15.
You have to go to the notary anyway to change the deed.
To put something into your Trust, you need a writing of some sort. For real estate, I would never count on anything less than a Deed, registered with the County Clerk. A Quit Claim or a Grant Deed will do the trick. Deeds need to be notarized.
Witnessing is not enough! A Trust needs to be notarized. Spend the $15.
You have to go to the notary anyway to change the deed.
To put something into your Trust, you need a writing of some sort. For real estate, I would never count on anything less than a Deed, registered with the County Clerk. A Quit Claim or a Grant Deed will do the trick. Deeds need to be notarized.
Q: My Grandmother died in 2009 and my mother was still trying to get 2 different AD&D payouts and she died, what can I do?
Kyle Persaud's answer
To get your grandmother's estate papers, call the clerk of the court where the probate case was filed. The clerk is required by law to give you the papers.
There is not a statute of limitations for probate cases.
To get your grandmother's estate papers, call the clerk of the court where the probate case was filed. The clerk is required by law to give you the papers.
There is not a statute of limitations for probate cases.
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