Estate Planning Questions & Answers

Q: My mom passed last month and my dad is now in an assisted living home. He needs money for his care, can we sell assets?

1 Answer | Asked in Elder Law and Estate Planning for Oregon on
Answered on May 24, 2017

You may need to have a conservator appointed by the court for your father if he is unable to handle his own financial affairs. If he has the capacity to make his own decisions, he could appoint an attorney in fact under a power of attorney to assist in handling his financial affairs. Depending on the value of his property, it usually is not a very good idea for him to give assets away at this stage of his life. He probably needs the money, so he should not be giving gifts to others. And yes,...
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Q: Can a power of attorney be legally signed after one has a signed document from a dr. Deeming one imcompetent?

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for California on
Answered on May 24, 2017

The power of attorney form can be signed but it may not be effective if in fact the person signing the power of attorney has been previously declared incompetent. In order to sign a power of attorney form, the person must be able to declare that they are of sound mind and are competent to sign the document. To sign a power of attorney under such circumstances would likely be either fraudulent or even a crime of perjury, and could involve anyone who assists the incompetent in complicity with the...
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Q: Is there any way to make a dynasty trust good for only the oldest child born?

2 Answers | Asked in Estate Planning for Arkansas on
Answered on May 24, 2017

There are ALL KINDS of alligators wading in the swamp you're discussing. GENERALLY you can make a trust to benefit as few or as many people as you want. But while that may be the short answer to your question, it misses the complications that may make any trust you create invalid or subject to challenge.

One of the big myths is that trusts can't be challenged like wills can. Sorry, but that is wrong.

Similarly, there are rules that need to be followed for a trust to be...
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Q: 3 sisters were giving land by their parents. Can the 2 living sisters sell the land?

2 Answers | Asked in Estate Planning and Probate for California on
Answered on May 24, 2017

Yes but who would buy 2/3 of a piece of property? ALL THREE would need to sell (unless of course the third one is the person buying!) ... This assumes the land was left without 'rights of survivorship' which is the most common sort of gift. In short, if your deceased sister's estate owns an interest, all her heirs (children, spouse etc.) would need to sign off on any sale as well as the two surviving sisters. If there WERE survivorship language, that might not be the case. Without seeing the...
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Q: My parents left a will me in sister inherit house brother want leave but not in will

1 Answer | Asked in Estate Planning for Louisiana on
Answered on May 24, 2017

Strictly paying utility bills does not give one a right to stay in the house. You would need to open a succession and have the will probated. Once the succession is complete and you and your sister are placed in legal possession of the property, you can file to have your brother evicted. Give me a call, and I'll be happy to discuss this further with you.
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Q: Does real estate transfer tax apply to joint tenancy survivor if sold to lineal descendant of deceased joint tenant?

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Pennsylvania on
Answered on May 24, 2017

When your father died, the property automatically passed to you by right of survivorship, if you have correctly stated that you and your father owned the property as joint tenants, not as tenants in common. The fact that his name is still on the deed is irrelevant. Therefore, the conveyance to your nephew is a conveyance from you, alone, and the entire conveyance would be subject to transfer tax since a conveyance to one's nephew is not an exempt transfer.
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Q: How do I obtain an Executor of Estate for my sister who passed away 6 years ago? There was no will.

2 Answers | Asked in Estate Planning for Illinois on
Answered on May 24, 2017

you do not need to file a probated estate or select an executor. you do need to prepare a small estate affidavit,with a copy of the death certificate and file with the secretary of state
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Q: My sister passed away 6 years ago. There was no will - she had nothing. Her car title (fiance still has) is lost.

2 Answers | Asked in Estate Planning and Family Law for Illinois on
Answered on May 24, 2017

The Secretary of State has forms for that purpose.
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Q: My Grandparents in law were taken advantage of by two of their children. They have taken the money/property.

1 Answer | Asked in Estate Planning and Family Law for Texas on
Answered on May 23, 2017

Any beneficiary of a Will or heir of an estate with no Will can apply to probate an estate. When someone dies intestate, the heir must apply for a determination of heirship.
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Q: Mo died, will 2 of my aunts and a cousin lied, stole large cash amount,personal property, bank accounts & now billing me

1 Answer | Asked in Estate Planning, Family Law, Probate and Wrongful Death on
Answered on May 23, 2017

There's fraud, conversion, many things. If records show this, make copies and give to police. Talk to an elderlaw attorney to get an overview of what options are.
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Q: My 3 kids dad passed away with out a will well none found the wife is being greedy and wanting everything what can I do

1 Answer | Asked in Estate Planning for Virginia on
Answered on May 23, 2017

If there is no will then the state he lived in's intestacy rules will apply, and MOST states give a large portion of assets remaining to a surviving spouse. You'd need to have more specific information about both how any property was titled (if it is joint with his current spouse then she gets it outside of probate) and also how much there is (if it is below the exemption amount then the spouse again gets everything.

The ONLY way to have changed this would have been if he left a...
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Q: Am I entitl My granfather's estate he left to second wife ( not my grandmother). She died and had no heirs.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Massachusetts on
Answered on May 23, 2017

Unless there was a Will or Trust that provided for part or all of the estate go to your father or his children, then you have no claim against the estate.
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Q: Can I assume my deceased mothers mortgage after paying my siblings an agreed upon price for her home?

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Answered on May 23, 2017

You may need to refinance the mortgage in your name after you acquire sole ownership of the home from your siblings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: If i would died. I put in my will where my miner children is to go do they have to go by my will?Just need to know

1 Answer | Asked in Family Law and Estate Planning for Ohio on
Answered on May 23, 2017

If both parents are deceased, then the court will determine who becomes the guardian of children under 18. Your will can nominate who you would want the court to consider to be the guardian, but the court must determine who is an appropriate person based on all the facts, and the court can choose someone else.
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Q: Hello. Husband died unexpectedly. Wrote his will down but never filed it. What's the proper procedure for me now to do?

2 Answers | Asked in Estate Planning for Texas on
Answered on May 22, 2017

Hire a probate lawyer to file the Will and apply to administer the estate.
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Q: Can the executor remove assets from estate in California to Nevada without court approval.

1 Answer | Asked in Estate Planning and Probate for California on
Answered on May 22, 2017

Hawaiian Gardens, CA:

I take your question to ask two things: 1) How is an executor allowed to deal that tangible personal property (the "stuff of life" like cars, furniture, dishes, clothing? 2) What are the executor's duties when it comes to an accounting?

I am assuming here that your sister is the court appointed executor and that the probate is in a California court.

Under the California Probate Code, an executor is required to inventory the decedent's tangible...
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Q: What is the customary fee for a power of attorney and a living will?

2 Answers | Asked in Estate Planning for New York on
Answered on May 22, 2017

There is no "customary fee." While a power of attorney is a relatively simple form that follows statutory guidelines, a living will should only be prepared after a consultation to determine the wishes of a client. Lawyers charge differently for their time and experience.

#LegalQ&A #NathansonLaw
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Q: can you please tell me how to make a formal complaint to the state bar asociation or direct me to the right person to

1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Texas on
Answered on May 22, 2017

Here's a link that may help. https://www.texasbar.com/AM/Template.cfm?Section=File_a_Grievance&Template=/CM/HTMLDisplay.cfm&ContentID=29656 - you may have to copy and paste it in your browser.

In addition or as an alternative, perhaps you could seek assistance of separate counsel.

I wish you the best.
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Q: does my step mom get everything

1 Answer | Asked in Estate Planning and Probate for Missouri on
Answered on May 22, 2017

You need to consult with a probate attorney in the state and county where your father lived at the time of his passing. Most every state has its own rules about spouse's shares of estates and what happens if someone doesn't update a will after a remarriage. The nature of how property was owned and titled will also impact things. (Joint ownership, etc.) In short, it is hard to say!

There is no 'simple' one size fits all answer. Seek local advice about your specific facts.

--...
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Q: RE: Living Trust. Is there any recourse for a son not mentioned in inheritance. Must ALL kids be named?

2 Answers | Asked in Estate Planning for Arkansas on
Answered on May 22, 2017

ANYONE with a couple hundred dollars can sue if they feel aggrieved. YOUR job would be to eliminate as many possible arguments as possible. By failing to name someone who would otherwise inherit you've opened up an argument for him. He could say 'well mom/dad was getting old and they just FORGOT about me' or something similar. I ALWAYS name all the children even if they are inheriting nothing.

The attorney who drafted the trust should have been aware of this too. You DID have an...
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