Estate Planning Questions & Answers

Q: What is the penalty for liquidating decedents assets and distributing them according to the will w/out going through pr

1 Answer | Asked in Estate Planning for Alabama on
Answered on Nov 15, 2018
Frank Truncali's answer
The problems you could have by not probating the will would be related to changing the legal ownership of certain types of assets or dealing with an heir who believes the will distribution was not handled properly. If there is any real estate in the name of the deceased, probating may be necessary. Also, if they had any deposit or investment accounts with no co-owner or named beneficiary, then probate would be necessary. Additionally, probate gives creditors a specific amount of time to make...

Q: How to protect purselves from administrator make false statement to surrogate court?

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Nov 15, 2018
Mr. Kenneth Albert Vercammen Esq.'s answer
Removing the Administrator who fails to comply with responsibility

Under New Jersey Law, the person who agrees to accept the numerous legal responsibilities following the death of the person needs to liquidate assets, pay bills and taxes, file all necessary court and tax returns, then distribute the assets to beneficiaries. In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, occasionally the Administrator simply...

Q: Who is responsible for a parent that has had a stroke? Is the mother responsible or the daughter?

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Georgia on
Answered on Nov 15, 2018
Homer P Jordan IV's answer
There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558

Q: My Siblings and I inherited a small farm from our parents and in 2000 was the last contact I had with my brother

2 Answers | Asked in Estate Planning for Louisiana on
Answered on Nov 15, 2018
Regina Scotto Wedig's answer
There are ways to ask the court to partition the property. For example, an absent heir can be represented by an attorney appointed by the court to try to contact that person.

Q: who pays inheritance tax/

2 Answers | Asked in Estate Planning for Maryland on
Answered on Nov 14, 2018
Mark Oakley's answer
Only the decedent's spouse, parent, grandparent, child, or descendant of the decedent's child (or their surviving spouse) qualify for the exemption from Maryland's state inheritance tax of 10% ("lineal" relatives). First cousin is not "lineal" does not meet the exemption. However, certain assets are not subject to the state inheritance tax, such as receipt of an annuity or other payment under a public or private employees' pension or benefit plan if the annuity or other payment is not taxable...

Q: Dad passed away almost 4yrs ago> Step mother had will drawn up in '87 probated. What are my options?

2 Answers | Asked in Estate Planning and Probate for Texas on
Answered on Nov 14, 2018
Terry Lynn Garrett's answer
If you cannot find the more recent Will which you think exists, you will have a hard time contesting the 1987 Will. Do what you can to prove the existence of a more recent Will and contact a probate attorney who does fiduciary litigation.

Q: My Exes Mom Died and the estate is in probate, Can he disclaim his inheritance and avoid paying back child support?

2 Answers | Asked in Child Support, Estate Planning and Probate for California on
Answered on Nov 13, 2018
Richard Samuel Price's answer
Yes, he can disclaim his inheritance and he would then be treated as if he had predeceased his mother. The inheritance would then to go whoever would take if he had died before his mother.

Q: My husband and I are still married, but estranged. Is he still entitled to my property after I pass away?

1 Answer | Asked in Estate Planning for Oklahoma on
Answered on Nov 12, 2018
Doak Willis' answer
Yes or a portion of it if you have children with him. You must be divorced before you pass away in order for him not to be an heir.

Q: A sibling of 2 other heirs is co-executor and has been caught stealing and mishandling funds. Attorney is doing nothing

1 Answer | Asked in Estate Planning and Probate for Georgia on
Answered on Nov 12, 2018
Seth Meyerson's answer
Motion to dismiss executor and replace him. See an attorney.

Q: How soon after a person passes away do their devisees have to pay estate taxes?

1 Answer | Asked in Estate Planning for Ohio on
Answered on Nov 12, 2018
Joseph Jaap's answer
Very few estates are large enough to have federal tax obligation, and Ohio abolished estate taxes. But a final income tax return must be filed for the deceased. Use the Find a Lawyer tab to retain a local estate planning attorney to review the facts of the situation and advise you.

Q: How do I file an affidavit?

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Nov 10, 2018
H. Scott Aalsberg Esq.'s answer
The answer depends on the type of affidavit and what it's for.

Q: If my husband and I are the joint- with survivorship on his deceased grandmothers bank accounts can they be

1 Answer | Asked in Estate Planning for Illinois on
Answered on Nov 9, 2018
Ray Choudhry's answer
If it's a true joint account, no.

That's the whole point of setting up the account.

But, if it was a convenience account, other heirs or legatees could argue that it belongs to her estate.

The signature card that was used to set up the account may help.

That is because now accounts can be set up in a number of ways, including pay on death.

Q: My father moved overseas and hasn't been in touch with my family for years.

1 Answer | Asked in Estate Planning for Texas on
Answered on Nov 9, 2018
Terry Lynn Garrett's answer
If your mother survives him, she would inherit. If your stepmother and you survive him, she, you and any siblings would inherit. Separate property and community property would be treated differently. Please note that real property is governed by the law of the place where the real property is located. If your father owns real property outside of Texas, the law of that state or country, not Texas law, would govern inheritance of the real property.

Q: Hello, I was named as an executor of a will for a friend in Ca. How much should I get paid for my services?

2 Answers | Asked in Estate Planning and Probate for California on
Answered on Nov 9, 2018
Bill Sweeney's answer
You might try this web reference:§ionNum=10810.

Q: My parents put in their will that I'm not entitled to anything if I convert religions. Is that enforceable?

1 Answer | Asked in Estate Planning for Michigan on
Answered on Nov 9, 2018
Trent Harris' answer
Probably. Michigan law recognizes advancement of a particular religion as a legitimate interest that estate planning can provide for. For example, the factors for best interests of a minor consider a guardian's ability to continue raising a child in the child's religion or creed, if any. And charitable trusts in Michigan can have as their goal the advancement of a particular religion. Because an estate plan is a private agreement made by individuals, it does not implicate the separation of...

Q: What happens if my adult children pass away without a will? As their mother, does their property all go to me?

1 Answer | Asked in Estate Planning for Colorado on
Answered on Nov 9, 2018
Ashley Dean Powell's answer
Yes, if your child did not have any estate planning, did not have a spouse, did not have a properly recorded designated beneficiary agreement, and did not have any children, then the intestacy laws would probably put the surviving parents first in line to inherit.

The details: Your adult child's estate (who died without a valid will or other estate planning devices) will pass to that child's spouse pursuant to Colorado Revised Statutes Section 15-11-102. If your child was not married...

Q: My sister passed away and I'm her only amediate living family member ( sister). She did not have a will.

1 Answer | Asked in Estate Planning for Indiana on
Answered on Nov 7, 2018
Alexander Florian Steciuch's answer
You should consult with a probate attorney for at least a consultation. He or she can best direct you after reviewing the entirety of the facts and situation that you are in. There may be non-probate methods available to you to claim what assets there are, including the insurance policy, especially if the estate is insolvent.

Q: I was awarded a monetary sum by my friends will.

1 Answer | Asked in Estate Planning and Probate for Indiana on
Answered on Nov 7, 2018
Alexander Florian Steciuch's answer
If there is a probate estate opened and still open, you contact the personal representative of the estate asking for your distribution. If the personal representative does not respond or denies you, you retain counsel and have him or her petition the court to force the personal representative to respond. It's best to retain counsel and if that is not economically feasible for you, at least schedule a consultation to obtain legal advice after reviewing all of the facts, information and...

Q: My father died and my sister has offered me nothing from estate he had land , vehicals and bank accounts .

1 Answer | Asked in Estate Planning for Oklahoma on
Answered on Nov 7, 2018
Richard Winblad's answer
Sorry for your loss.

It is impossible to say whether or not he had a will based solely upon an absence of a probate. It sounds as though your father was single at the time of his death. You should have an attorney review the land records to determine what interest he had therein. It might make sense for you to initiate a probate action. If a Will is later found it can be admitted, but it is not needed to begin.

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