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Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Virginia on
Q: Father passed away 10 years ago was married at the time of death but since she has remarried is she entitled to estate

My sister was the holder of the will. I was told she lost the will which we all knew how he wanted the estate to be left to his children. Since she lost the will the court suggested we do a estate transfer. If we do the estate transfer it not only will go to his children but the now ex wife since... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 25, 2020

The remarriage is irrelevant. The theft of the Will by the sister is a felony, but it must be proven. After all, storing the Will with one of the heirs or beneficiaries was just plain stupid. The widow is entitled to her intestate succession or her spousal share (often called dower) rights, which... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: If my dad and I are both on a mortgage what happens if he passes away?

Can the mortgage just go to me or will it have to involve his estate. I don’t want it to as I don’t want my brother to be involved with the mortgage.

Phillip William Gunthert
Phillip William Gunthert answered on Sep 25, 2020

It depends, what does the deed exactly say, what does your dad's will say, is the property homestead, is it in Florida the property, is there a surviving spouse? You will want start by getting a copy of the deed and review it and precisely what it says. It is also probably helpful if you dad... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for Texas on
Q: Estate Trust executor being sued for undue influence. How to defend
Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 24, 2020

Hire a fiduciary litigator.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can quitclaim deed signed by my father before his death be challenged by unsecured creditors?

My dad was diagnosed with last stage heart failure following a massive heart attack. This disabled him from working. Knowing his life would be cut short, he quitclaimed his property to me. Signed, notarized and recorded with the county. The property DOES have a mortgage (specifically, a land loan)... Read more »

James Tack Jr
James Tack Jr answered on Sep 24, 2020

I have assumed that the property is in Oklahoma. Creditors would have to establish their claim against the estate through the probate court. If a probate proceeding is not initiated by one of the family members, a creditor could initiate the proceeding. After establishing their claim, they would... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: Is there a reason my relatives wont give my my fathers attorney info?

My father recently passed away. (August 24th 2020). My sister and i were supposed to inherit his life policy. Now all of a sudden, a different beneficiary on a document recently magically found, determines that we do not inherit that as he intended. When i asked for my fathers attorney information,... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Sep 24, 2020

Very sorry for your loss and the passing of your father, please accept my condolences. You will likely need to contact an attorney in the state where this is taking place (his residence, place of probate), if the state is anything like Florida, you should be able to go online yourself possibly and... Read more »

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1 Answer | Asked in Estate Planning and Legal Malpractice for Idaho on
Q: The venue where the lawyer practices in CA and I live in Idaho I am hoping to get an opinion/guidance for the following

I discussed my needs with an attorney. (interview) Five days later, I decided to hire him and I paid a $2,000 retainer.

Three months later, I received my first invoice for $5,300, of which $3,000 was for "work" before I hired him.

The interview was to be free as is... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 23, 2020

A lawyer is always advised to get a signed agreement prior to doing work for a client. However, that fact will not mean that an attorney/client relationship didn't exist. In fact, for you to recover on any of your claims it seems to me, you would have to admit that an attorney/client... Read more »

1 Answer | Asked in Divorce, Estate Planning and Family Law for California on
Q: I was wondering what all i can get out of my husband in the divorce

I was wondering what all i can get out of my divorce? My husband was an extremely emotionally abusive person and there has been times in which he was physically abusive. He cost me my job by calling my boss and accusing me of having an extramarital relationship with a coworker. The home and... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Sep 23, 2020

The family code in California has a section which states that all community property is divided 50-50 between the parties.

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can a new will override a spouse's rights upon the other's death?

My parents are still married but have been separated (not legally, sold their home previously and now live in different counties and own their own homes) but have will's in place from many years ago. My father does not want his estate going to my mother upon his death and wants it distributed... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 23, 2020

Your dad should consult with his own attorney. You should not be involved because any legal advice that you pass along from a lawyer could be construed as you practicing law. If you are not a lawyer, practicing law is a felony. I know you want to help your dad; the best way to help is to review the... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Do I, as a beneficiary have the legal right in Tennessee to know how much the Power of Attorney was paid from the Estate
Anthony M. Avery
Anthony M. Avery answered on Sep 23, 2020

Not sure why an attorney in fact would be paid anything by an Estate. But you might start by looking at the Court File at Probate Court. It might list the claims or an accounting by the Administrator/Executor. Read the File verbatim. If it seems wrong, hire an attorney to examine the... Read more »

3 Answers | Asked in Estate Planning for Arizona on
Q: Non Arizona resident parent has been moved here so we can provide in home care.

The intent was for them to regain strength and return to a senior facility in Wyoming. If they die here are they subject to Arizona laws such a probate for estate? The Will was created in Wyoming with only money as assets.

Ilene L McCauley
Ilene L McCauley answered on Sep 23, 2020

Residency is a facts and circumstances test. However, a Last Will which was created in Wyoming, will generally work in Arizona, if residency has changed.

Probate will depend upon whether or not the beneficiaries have control over the assets. There are many ways to find out about...
Read more »

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: How can I collect personal belongs of my ex mother in laws who passed when her boyfriend doesnt wanna give us her stuff?

My ex mother in law died in a car accident 3 days ago, she didnt have a will but has stated to multiple people that I was the one that she wanted to be executor. she was suppose to get in writing but died before doing so. She was living with her boyfriend who is a drug addict and was abusive to... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 23, 2020

I am sorry for your loss.

Unfortunately, when people do not put their wishes in writing, problems arise. What she said before her death, without written proof, may no longer apply. Her children are the best ones to open probate to get control of her assets. I recommend working with...
Read more »

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: How do I become executive of my mom's estate she passed and although I was told my parents were divorced they are not

I am her only child they have been separated my whole life

Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

It depends on whether or not your mom had a will.

If she did not have a will, you need to make an appointment with the local Clerk's Office and ask to be appointed, tell them the situation and hope that they will immediately appoint you. If not, you will need to wait 90 days from the...
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3 Answers | Asked in Estate Planning and Probate for California on
Q: Once someone dies who starts the process of the will?

My single Dad passed away in June leaving 3 offspring in our 50's. My brother moved in with Dad several years ago due to no home

For last 3 years Dad needed care provided primarily by brother. Sister/me assisted 2 days/wk. After Dad died, bro claims Dad left all to him, discontinued... Read more »

Shawna Murray
Shawna Murray answered on Sep 22, 2020

I am sorry for your loss. If there was a will, it should have been lodged with the court in the county where your father resided. The law says it must be lodged within 30 days after the death. If it was lodged, you can then view at the court. Of course, there might not be a will and perhaps your... Read more »

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Hello, this is a probate question. I am at the end of my probate, my attorney wants me to bring my account current.

The agreement was that they would be paid once I sold the house. I was laid off due to COVID, I informed them of this and they stated it was not their problem. I only have a couple of more steps to close the case. I am not sure how to proceed, I am located in Texas. How will this affect my case?... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 22, 2020

You do not note whether the agreement is written. Everyone's memory is fallible.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Me n my husband were divorced and he passed away in March 2020 .I have just found out that my name is still on title

Does this make it my home.what rights do I have,his family dont want me having it in anyway shape or form. Can I change locks on it n go in it so I can try to sell it asap? His family want to go in front of the clerk of court to resolve this ,what should I expect. I dont have $ to hire a... Read more »

Ben Corcoran
Ben Corcoran answered on Sep 22, 2020

I would have to see all the documentation on both your divorce and the title before I could tell you exactly what your interest in the house is. Take all this information to a local lawyer and have them give you an opinion.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Why would they need a value on items designated to me?
Ben Corcoran
Ben Corcoran answered on Sep 22, 2020

The Clerk's Office overseeing the estate process requires this information.

1 Answer | Asked in Estate Planning for North Carolina on
Q: Dad passed...wife survives...is estate required if there is only one item he held in his name only ($11k value)?

My dad passed recently. My mom/his wife survives him and dad died testate and has a valid last will and testament wherein I was named Executor (I actually live out of State now). I don’t believe that will is on file at the courthouse. So two questions:

1) Assume in NC everything passes to... Read more »

Ben Corcoran
Ben Corcoran answered on Sep 22, 2020

Your mother can request a year's allowance with the clerk in the county they lived. This would cover the one asset and would be cheaper, you may also want to file a notice to creditors as this would allow the sale of the house in the next two years if your mother wanted to do so.

1 Answer | Asked in Estate Planning for North Carolina on
Q: My father passed away recently, leaving four children, the house still has a mortgage owing roughly $46,000 dollars,

Also he did not have a will, can the still mortgaged house be rented to someone else outside the family?

Ben Corcoran
Ben Corcoran answered on Sep 22, 2020

If your father was unmarried at the time of his death then the house is owned by all four children and can be rented out by any of the four children. The fact that a mortgage exists does not change, any of the new owner's ability to rent out the property. The income from the property must be... Read more »

1 Answer | Asked in Probate and Estate Planning for New Mexico on
Q: My children have never been notified by the oil producers about their interests. All their cousins. aunts, etc.

had been notified years ago. My ex husband was the last in line in his generation, he he was notified in 1998, he passed away in 2006. His 2nd wife told the courts he did not have a will and I think she failed to mention to the court his children from our marriage. What can be done? He died in... Read more »

James Tack Jr
James Tack Jr answered on Sep 22, 2020

This appears to be the same question, which was originally asked concerning Texas Law. If the property is located in New Mexico then New Mexico probate laws apply, even if the decedent lived in Texas. It is not clear where the probate case was. You should get a copy of the probate proceedings from... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Florida personal representative compensation.

In Florida can a personal representative be compensated on the value of real estate if the real estate in question was homesteaded by the Descendant at the time of death? The real estate was sold during probate.

Phillip William Gunthert
Phillip William Gunthert answered on Sep 22, 2020

No, Homestead is not part of the probate estate. I would further state, the probate attorney should be clearly conveying these facts and answering these questions in a timely manner.

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