Estate Planning Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Estate Planning Questions & Answers
Q: My father passed away without a will in the state of Georgia
Robert W. Hughes Jr.'s answer
She can access any accounts on which her name appears. Likewise, she can access the units if her name is on the storage unit rental. If it is not, you can send the storage facility a copy of his death certificate and ask them to restrict access until an Administrator is appointed. You and your siblings should file to have one of you appointed as administrator of the estate. The spouse will be entitled to 1/3 of the estate plus any accounts on which her name appeared plus an amount for year's...
She can access any accounts on which her name appears. Likewise, she can access the units if her name is on the storage unit rental. If it is not, you can send the storage facility a copy of his death certificate and ask them to restrict access until an Administrator is appointed. You and your siblings should file to have one of you appointed as administrator of the estate. The spouse will be entitled to 1/3 of the estate plus any accounts on which her name appeared plus an amount for year's...
Q: My grandparents both had legal custody of me, do I have any rights to my grand father?
1 Answer
| Asked
in
Child Custody, Child Support, Family Law and Estate Planning
for
Florida
on
Answered on May 26, 2018
Answered on May 26, 2018
Terrence H Thorgaard's answer
Are you asking about the right to inherit from your grandfather? His estate goes to his descendants, which would include your uncle and any other of your grandfather's children, as well as to his grandchildren.
Are you asking about the right to inherit from your grandfather? His estate goes to his descendants, which would include your uncle and any other of your grandfather's children, as well as to his grandchildren.
Q: My uncle passed away last July.he owns 2houses the one he lived in and I live in the other one with my kids for 10 years
Moshe Toron Esq's answer
If someone dies without a will, then this is what is known as dying "intestate." In that case, his closest next of kin will inherit his property. In general, the order is, wife and kids, then grandkids or more remote descendants. After that, is his parent(s) if living, then his siblings (or their descendants if deceased.)
If someone dies without a will, then this is what is known as dying "intestate." In that case, his closest next of kin will inherit his property. In general, the order is, wife and kids, then grandkids or more remote descendants. After that, is his parent(s) if living, then his siblings (or their descendants if deceased.)
Q: Advice on summary administration. Two beneficiaries one being the trustee. After 3 years, trustee will not settle case.
Terrence H Thorgaard's answer
I assume that this trustee is also the personal representative. If you want to go to court to require him to perform his duties properly, you probably should find another attorney, one who is willing to do what needs to be done.
I assume that this trustee is also the personal representative. If you want to go to court to require him to perform his duties properly, you probably should find another attorney, one who is willing to do what needs to be done.
Q: My wife passed away earlier this year. She had no joint accounts with me, her husband. She also left no will. Under the
John B. Palley's answer
Please understand I am giving general information here and you should consult with an attorney for specifics. I would say it depends on if the accounts were "community property" or "separate property." CP is generally monies earned by either of you, during marriage, from your work, assuming no pre or post nuptial agreement is in place. If CP I would say you are entitled to 100%. SP would be other money. If one kid it's 50% to kid and 50% to you. If more than one kid it's 1/3 to you and 2/3...
Please understand I am giving general information here and you should consult with an attorney for specifics. I would say it depends on if the accounts were "community property" or "separate property." CP is generally monies earned by either of you, during marriage, from your work, assuming no pre or post nuptial agreement is in place. If CP I would say you are entitled to 100%. SP would be other money. If one kid it's 50% to kid and 50% to you. If more than one kid it's 1/3 to you and 2/3...
Q: I recently bought an apartment unit. We want to renovate the apartment and what are my right?
H. Scott Aalsberg Esq.'s answer
You would need to pay a lawyer to review the condominium bylaws in order for a lawyer to tell you what your rights and liabilities are. Every condo has different rules.
You would need to pay a lawyer to review the condominium bylaws in order for a lawyer to tell you what your rights and liabilities are. Every condo has different rules.
Q: My Dad lived & died in NJ, I live in CO, which state do I need to get an attorney?
Timothy Canty's answer
New Jersey. If he owned property in Colorado, you will need legal help here also.
New Jersey. If he owned property in Colorado, you will need legal help here also.
Q: My brother, who lived in Maryland, was due to inherit part of our dads estate but he died before disbursement.
Michael David Siegel's answer
It goes to your brother's estate. What MD law requires is your sister in law's responsibility as Executor of his estate in MD.
It goes to your brother's estate. What MD law requires is your sister in law's responsibility as Executor of his estate in MD.
Q: Can my Dad's astranged wife kick me out? Or take control of my dads estate?
Robert Guillory Esq's answer
First you need to see if he left a will. if so did he name a personal representative, if he did it was probably his wife unless he changed his will after filing for divorce. Second you need to check how the real estate was held ie joint tenants or tenants in common. If joint tenants as most people do then she owns the entire amount of the real estate and can evict you thorugh the court. If it was not joint tenants then you may be part owner and she may not be able to use the eviction process....
First you need to see if he left a will. if so did he name a personal representative, if he did it was probably his wife unless he changed his will after filing for divorce. Second you need to check how the real estate was held ie joint tenants or tenants in common. If joint tenants as most people do then she owns the entire amount of the real estate and can evict you thorugh the court. If it was not joint tenants then you may be part owner and she may not be able to use the eviction process....
Q: Single no children. If I die, what do I need for immediate action on my pets?
Terrence H Thorgaard's answer
I suggest that you put something in your living will requesting that your niece be immediately notified, so that she can pick up the pets. As far as the other personal items are concerned, strictly speaking that would be the responsibility of the personal representative named in your (standard, not "living") will. You might want to make arrangements with the bank for the accounts; normally this would be making the niece a joint account holder with you.
I suggest that you put something in your living will requesting that your niece be immediately notified, so that she can pick up the pets. As far as the other personal items are concerned, strictly speaking that would be the responsibility of the personal representative named in your (standard, not "living") will. You might want to make arrangements with the bank for the accounts; normally this would be making the niece a joint account holder with you.
Q: I am being thrown out by step mother and my father has dementia. They both own the property jointly. Do I have rights?
1 Answer
| Asked
in
Estate Planning, Family Law, Landlord - Tenant and Probate
for
California
on
Answered on May 22, 2018
Answered on May 22, 2018
Richard Samuel Price's answer
Unfortunately, if you don't have an ownership interest in the house, then you are a tenant and the proper way to terminate your tenancy is with a 60-day notice.
Unfortunately, if you don't have an ownership interest in the house, then you are a tenant and the proper way to terminate your tenancy is with a 60-day notice.
Q: My mother had an amendment to her living trust notorized, but county rejected it. What should I do now?
1 Answer
| Asked
in
Estate Planning, Family Law and Real Estate Law
for
California
on
Answered on May 22, 2018
Answered on May 22, 2018
Sally Bergman's answer
An attorney would have to review the amendment, as well as the living trust to determine if the amendment is valid. It would also depend upon many other circumstances that you need to discuss with an elder law or probate attorney.
An attorney would have to review the amendment, as well as the living trust to determine if the amendment is valid. It would also depend upon many other circumstances that you need to discuss with an elder law or probate attorney.
Q: Tax question for Medi-Cal Qualifying Trust in California
1 Answer
| Asked
in
Estate Planning, Tax Law and Elder Law
for
California
on
Answered on May 22, 2018
Answered on May 22, 2018
Sally Bergman's answer
These types of irrevocable trusts are typically set up as "grantor" trusts which means that they remain under the Social Security number of your mother and the income is taxed to her. I hope this is not something you are trying to set up yourself as they are typically only prepared by qualified Elder Law attorneys. As well, if she does not need to immediately qualify for long term care Medi-Cal benefits, an irrevocable trust may not even be needed as in California we have many different...
These types of irrevocable trusts are typically set up as "grantor" trusts which means that they remain under the Social Security number of your mother and the income is taxed to her. I hope this is not something you are trying to set up yourself as they are typically only prepared by qualified Elder Law attorneys. As well, if she does not need to immediately qualify for long term care Medi-Cal benefits, an irrevocable trust may not even be needed as in California we have many different...
Q: I have a vacation house in Florida. To put it in a trust would I do so under Florida law or Massachussetts?
John Espinosa's answer
There may be good reasons to do one over the other depending on the circumstances and your needs.
There may be good reasons to do one over the other depending on the circumstances and your needs.
Q: I live in California and want to set up a Medi-Cal qualifying trust for my mom's assets, have tax question about it
Sally Bergman's answer
These types of irrevocable trusts are typically set up as "grantor" trusts which means that they remain under the Social Security number of your mother and the income is taxed to her. I hope this is not something you are trying to set up yourself as they are typically only prepared by qualified Elder Law attorneys. As well, if she does not need to immediately qualify for long term care Medi-Cal benefits, an irrevocable trust may not even be needed as in California we have many different...
These types of irrevocable trusts are typically set up as "grantor" trusts which means that they remain under the Social Security number of your mother and the income is taxed to her. I hope this is not something you are trying to set up yourself as they are typically only prepared by qualified Elder Law attorneys. As well, if she does not need to immediately qualify for long term care Medi-Cal benefits, an irrevocable trust may not even be needed as in California we have many different...
Q: Will gives land to X in conflict w/irrevoc. trust signed same day to avoid estate tax leaves out X's heirs b/c GSTT.
Robert W. Leonard Jr.'s answer
You are looking at significant litigation if the parties are not in agreement. In order to advise you, your attorney will have to review all of the documents. Time is of the essence; contact a local probate attorney right away.
You are looking at significant litigation if the parties are not in agreement. In order to advise you, your attorney will have to review all of the documents. Time is of the essence; contact a local probate attorney right away.
Q: Hello my husben passed away does his family have the right to come get his cars and guns
Robert W. Leonard Jr.'s answer
If he did not have a will, then his estate would pass through the intestacy provisions in Texas law. Be sure to contact a local probate attorney to help protect your interest in the estate.
If he did not have a will, then his estate would pass through the intestacy provisions in Texas law. Be sure to contact a local probate attorney to help protect your interest in the estate.
Q: Can an heir with higher percentage of ownership in a Louisiana Session force the lower percentage heir or owner to sell?
Regina Scotto Wedig's answer
Louisiana law gives either co owner, regardless of percentage of ownership, the right to seek partition of the property. Depending on the size of the property, this may either be by dividing it or by requiring it to be sold and proceeds split per percentage ownership. The court requires a recent appraisal in order to determine fair market value. Sometimes, the value of the smaller percentage is not equal to the actual ownership percentage but an expert would be required in that case. In...
Louisiana law gives either co owner, regardless of percentage of ownership, the right to seek partition of the property. Depending on the size of the property, this may either be by dividing it or by requiring it to be sold and proceeds split per percentage ownership. The court requires a recent appraisal in order to determine fair market value. Sometimes, the value of the smaller percentage is not equal to the actual ownership percentage but an expert would be required in that case. In...
Q: In Texas, can a non-homesteaded home force the Estate to sell it by credit card companies?
Terry Lynn Garrett's answer
Please hire a local probate lawyer to file an application to probate the estate and a motion to set aside homestead and personal property. The family home may have been the family homestead even if the homestead tax exemption was not taken.
Please hire a local probate lawyer to file an application to probate the estate and a motion to set aside homestead and personal property. The family home may have been the family homestead even if the homestead tax exemption was not taken.
Q: Would someone please explain to me the last half of paragraph J.
Arthur Calderon's answer
Without knowing what paragraph J is, I'm not entirely sure anyone on this forum would be able to assist.
Without knowing what paragraph J is, I'm not entirely sure anyone on this forum would be able to assist.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
