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Estate Planning Questions & Answers
Q: will says my mother gets the house and it's to stay in family mom and uncle refuse to sell me house but want sold
1 Answer
| Asked
in
Estate Planning, Family Law, Real Estate Law and Antitrust
for
Alaska
on
Answered on Jun 25, 2017
Answered on Jun 25, 2017
Terrence H Thorgaard's answer
You have failed to indicate what, if any, claim you have to the house. If the will was probated, and the house conveyed to your mother and uncle, you have no right to force them to sell it to you.
You have failed to indicate what, if any, claim you have to the house. If the will was probated, and the house conveyed to your mother and uncle, you have no right to force them to sell it to you.
Q: We live in my husband's grandfather house for almost 10 years. His grandfather died and years ago left the house to his
2 Answers
| Asked
in
Estate Planning, Family Law, Real Estate Law and Tax Law
for
Texas
on
Answered on Jun 25, 2017
Answered on Jun 25, 2017
Terry Lynn Garrett's answer
Your payment of taxes and insurance does not entitle you to property -- unless it has been abandoned and you have paid the taxes for at least 10 years. The daughter might well view this as rent -- and maybe not enough rent. Either of the heirs can force a partition and sale, perhaps buying out the other.
Your payment of taxes and insurance does not entitle you to property -- unless it has been abandoned and you have paid the taxes for at least 10 years. The daughter might well view this as rent -- and maybe not enough rent. Either of the heirs can force a partition and sale, perhaps buying out the other.
Q: Is there a way to separate Airbnb income from a house in a trust from trustee personal income like getting a EIN
Zaher Fallahi's answer
I would ask Airbnb for the figures in details. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Business and Tax Attorney, CPA.
I would ask Airbnb for the figures in details. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Business and Tax Attorney, CPA.
Q: If a property qualifies for an heirship affidavit, why would an attorney say that it can't be used?
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Probate
for
Texas
on
Answered on Jun 25, 2017
Answered on Jun 25, 2017
Terry Lynn Garrett's answer
There may be specific reasons why an Affidavit of Heirship cannot be used in your particular situation, possibly including not having all the right people available to sign or the refusal of the title company to accept it. One reason why an Affidavit of Heirship should not be used is that it will not be enforced by the courts for five years.
There may be specific reasons why an Affidavit of Heirship cannot be used in your particular situation, possibly including not having all the right people available to sign or the refusal of the title company to accept it. One reason why an Affidavit of Heirship should not be used is that it will not be enforced by the courts for five years.
Q: Iam not the executor of the estate can i file a lein on house to make sure i will get my proceeds
Dr Kenneth V Zichi J.D.'s answer
You shouldn't need to do that, and filing liens inappropriately can get you into trouble.
You should seek local legal representation to determine whether or not you need to file a claim against the estate, but more likely if you are an heir you don't even need to do that. Without full details however, it is impossible to say what you SHOULD do.
Seek local help asap
-- This answer is offered for informational purposes only and does not constitute legal advice or create...
You shouldn't need to do that, and filing liens inappropriately can get you into trouble.
You should seek local legal representation to determine whether or not you need to file a claim against the estate, but more likely if you are an heir you don't even need to do that. Without full details however, it is impossible to say what you SHOULD do.
Seek local help asap
-- This answer is offered for informational purposes only and does not constitute legal advice or create...
Q: Refinancing mortgage w/o spouse. She has alot of debt. If by signing a disclosure statement make me liable for her debt?
Dr Kenneth V Zichi J.D.'s answer
If you are simply refinancing a sole debt and again will be the sole debtor, why would you think you would be taking on your spouses other debts? Please appreciate that many lenders have not 'caught up' with the fact that women no longer have dower rights in Michigan and many still require wives to sign off on husband's property if there is going to be a lien against it. Again, because SHE has agreed to allow your property to be used for collateral on a debt, you are not opening yourself to her...
If you are simply refinancing a sole debt and again will be the sole debtor, why would you think you would be taking on your spouses other debts? Please appreciate that many lenders have not 'caught up' with the fact that women no longer have dower rights in Michigan and many still require wives to sign off on husband's property if there is going to be a lien against it. Again, because SHE has agreed to allow your property to be used for collateral on a debt, you are not opening yourself to her...
Q: Is a POA that was signed and notarized in 2000 but no withness signature valid for a real estate transaction now?
John W. Chambers Jr's answer
In Georgia, if a power of attorney was signed by the principal and witnessed by only a notary public and not a second witness, it would not be valid for a real estate transaction.
In Georgia, if a power of attorney was signed by the principal and witnessed by only a notary public and not a second witness, it would not be valid for a real estate transaction.
Q: I feel my father was pressured into changing his will right before he died - what's the best way to handle this?
Terry Lynn Garrett's answer
Talk with a probate attorney about the possibility that your father was subject to undue influence.
Talk with a probate attorney about the possibility that your father was subject to undue influence.
Q: HI 17 I LIVE N TEXAS MY BF 29 N ALSO IM PREGNANT....WILL HE BE N TROUBLE
Benson Varghese's answer
The legal age of consent in Texas is 17. Depending on your age at the time you give birth, there may be an issue if you became pregnant before you were 17. There are exceptions to this rule so if you foresee and issue, you may speak to a criminal defense attorney in your jurisdiction. You can also learn more about the age of consent in Texas here: https://www.versustexas.com/criminal/age-consent-child-sex-crimes-texas/
The legal age of consent in Texas is 17. Depending on your age at the time you give birth, there may be an issue if you became pregnant before you were 17. There are exceptions to this rule so if you foresee and issue, you may speak to a criminal defense attorney in your jurisdiction. You can also learn more about the age of consent in Texas here: https://www.versustexas.com/criminal/age-consent-child-sex-crimes-texas/
Q: How can my daughter inherit my share if I am in joint tenancy with my boyfriend if I pass first away ?
Gerald Barry Dorfman's answer
First, if the other house is in AZ, then you need to post this question in the AZ area, not CA. For California, joint tenancy means the survivor of the joint tenants gets the property. So, tenancy in common would be a way that you could will your share of the property to your daughter.
First, if the other house is in AZ, then you need to post this question in the AZ area, not CA. For California, joint tenancy means the survivor of the joint tenants gets the property. So, tenancy in common would be a way that you could will your share of the property to your daughter.
Q: San Diego, CA, HUD Reverse Mortgage foreclosed at auction.
1 Answer
| Asked
in
Estate Planning, Foreclosure and Probate
for
California
on
Answered on Jun 23, 2017
Answered on Jun 23, 2017
Bruce Adrian Last's answer
San Antonio, TX:
I am a bit confused about the status of the heirs. You state that you are the sole heir, but have three siblings.
The form you want is called an "affidavit for collection of personal property." There are many examples online if you search for the form name.
However, I advise you to consult with an attorney before you submit the form due to your statement that you are the sole heir but have three siblings. If you do not know where to find an attorney, I...
San Antonio, TX:
I am a bit confused about the status of the heirs. You state that you are the sole heir, but have three siblings.
The form you want is called an "affidavit for collection of personal property." There are many examples online if you search for the form name.
However, I advise you to consult with an attorney before you submit the form due to your statement that you are the sole heir but have three siblings. If you do not know where to find an attorney, I...
Q: mother stroke I live 300 miles brother 2 miles not trustworthy give Rep payee to him? if she dies he gets her money?
Terry Lynn Garrett's answer
Life insurance is payable to the named beneficiaries. If no beneficiaries are named, it is payable to the estate.
A "rep payee" is a Social Security term. A rep payee creates a bank account to receive the monthly Social Security retirement or disability benefit payments as direct deposits and is responsible for using them in the person's best interest, submitting an annual account to the Social Security Administration. These benefits are only payable while someone is alive....
Life insurance is payable to the named beneficiaries. If no beneficiaries are named, it is payable to the estate.
A "rep payee" is a Social Security term. A rep payee creates a bank account to receive the monthly Social Security retirement or disability benefit payments as direct deposits and is responsible for using them in the person's best interest, submitting an annual account to the Social Security Administration. These benefits are only payable while someone is alive....
Q: How many people do I need to witness a will?
Nick Daniels' answer
The short answer is two. According to Michigan law, MCL 700.2502(c) "Signed by at least 2 individuals, each of whom signed within a reasonable time after he or she witnessed either the signing of the will ..... or the testator's acknowledgment of that signature or acknowledgment of the will.
I also recommend that each witness and the creator of the Will initial each page of the Will.
The short answer is two. According to Michigan law, MCL 700.2502(c) "Signed by at least 2 individuals, each of whom signed within a reasonable time after he or she witnessed either the signing of the will ..... or the testator's acknowledgment of that signature or acknowledgment of the will.
I also recommend that each witness and the creator of the Will initial each page of the Will.
Q: Does "best of my knowledge and belief" also cover recollection?
1 Answer
| Asked
in
Contracts, Estate Planning, Insurance Bad Faith and Consumer Law
for
Michigan
on
Answered on Jun 23, 2017
Answered on Jun 23, 2017
Dr Kenneth V Zichi J.D.'s answer
If you told them "I don't know" and they pressed you to provide an answer anyway, they are probably not to be trusted.
If you said 'I don't know exactly' and they said 'can you provide an approximate time frame' that would be appropriate.
It is hard to say exactly what is going on without complete detail and knowing what this was for and the structure of what you were doing! If you have questions about this, I'd urge you to consult with a local lawyer who practices in...
If you told them "I don't know" and they pressed you to provide an answer anyway, they are probably not to be trusted.
If you said 'I don't know exactly' and they said 'can you provide an approximate time frame' that would be appropriate.
It is hard to say exactly what is going on without complete detail and knowing what this was for and the structure of what you were doing! If you have questions about this, I'd urge you to consult with a local lawyer who practices in...
Q: we heard a trust is the way to go, so when we go to a lawyer to set this up what do we need to bring with us?
Dr Kenneth V Zichi J.D.'s answer
There is NO SUCH THING as 'one best way' to handle things. You need to have a good idea of what your assets are and roughly what they are worth for the first appointment with a real estate planner. He or she will then sit and talk with you about what you would like to achieve, and who your family is (bringing your address book is not a bad idea if you don't know their addresses off the top of your head!) and discuss your assets and debts in BROAD strokes.
THEN they will make...
There is NO SUCH THING as 'one best way' to handle things. You need to have a good idea of what your assets are and roughly what they are worth for the first appointment with a real estate planner. He or she will then sit and talk with you about what you would like to achieve, and who your family is (bringing your address book is not a bad idea if you don't know their addresses off the top of your head!) and discuss your assets and debts in BROAD strokes.
THEN they will make...
Q: I have a questions regarding real estate assets
John Andrew Maghamez's answer
If in fact your father has a life estate deed that has been properly executed in the clerk's office, then creditors cannot touch your interest in the house because he only has a life estate. They can collect against any personal assets that he might have however.
If in fact your father has a life estate deed that has been properly executed in the clerk's office, then creditors cannot touch your interest in the house because he only has a life estate. They can collect against any personal assets that he might have however.
Q: I am searching for my mothers will. I do not have the attorney's name that filed it and I do not believe my father
Andy Wayne Williamson's answer
If the will has not been filed with the court I assume the proper place to look is yoir mothers home. Or ask your dad for a copy. Really not enough information in your question to. E able to answer much.
If the will has not been filed with the court I assume the proper place to look is yoir mothers home. Or ask your dad for a copy. Really not enough information in your question to. E able to answer much.
Q: Do I have to name my daughter's father in my WILL, if I don't want him as her guardian?
1 Answer
| Asked
in
Family Law, Child Custody and Estate Planning
for
Florida
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Terrence H Thorgaard's answer
No, you don't have to name anyone in your will.
If you want to suggest, in your will, that someone else be her guardian you can do that. It's not a guarantee that such person will be made guardian, but it wouldn't hurt.
No, you don't have to name anyone in your will.
If you want to suggest, in your will, that someone else be her guardian you can do that. It's not a guarantee that such person will be made guardian, but it wouldn't hurt.
Q: I just need a simple answer. My roommate and I are going to buy a home. How do we each keep our children from taking
Wesley Winsor's answer
Here are two options:
1. You can set up a trust and both be trustees of the trust and when you purchase the property you purchase it in the name of the trust. If you do this then not only can you plan for the situation of what happens to if something happens to one of you, but it will also answer the question of what happens if something happens to both of you. It will avoid the need for probate.
2. When you purchase the property you take title to it as joint tenants (you do...
Here are two options:
1. You can set up a trust and both be trustees of the trust and when you purchase the property you purchase it in the name of the trust. If you do this then not only can you plan for the situation of what happens to if something happens to one of you, but it will also answer the question of what happens if something happens to both of you. It will avoid the need for probate.
2. When you purchase the property you take title to it as joint tenants (you do...
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