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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Father died no will left behind four children one dog and a house with under 200000. No will

One child filed affidavit for successor and now wont tell us anything about her plan with estate we think she is trying to get the property for herself

Anthony M. Avery
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Anthony M. Avery
answered on Oct 3, 2022

One or more of the Children Heirs may want to file suit for Sale For Partition.

1 Answer | Asked in Estate Planning for New York on
Q: need help with trust issue

i have been taking care of my mother which has dementia here at her house for last year,up until my sister put her in a home in florida 3 months ago..i have been getting emails stating that i need to vacate property within 3 months,and if i dont they will deduct $4000 month from my inheritance once... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Oct 3, 2022

This is not a Family Law question. Repost in the estates forum.

1 Answer | Asked in Estate Planning and Real Estate Law for Massachusetts on
Q: What are my options regarding my fathers behind on many payments and about to die?

My father is 25000 behind on the mortgage and 12000 for utilities. I am due to inherit the house as stated by him and as I’m next of kin also. I don’t know exactly what will happen if he passes with debt since his cancer is bad and due to pass soon. I want to know what my options are that will... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 3, 2022

Will you be the sole heir? Is he a Massachusetts resident? If you are the sole heir, then you may be able to take over the mortgage through what is referred to as a "novation" with the mortgage company if that is something the company offers or you may be able to refinance the... Read more »

1 Answer | Asked in Estate Planning, Agricultural Law, Collections and Patents (Intellectual Property) for Texas on
Q: So if I I have the deed of trust for Texas it is probably for more then one house
John Michael Frick
John Michael Frick
answered on Oct 3, 2022

Typically, a deed of trust secures a loan against a single home. In rare situations, it may secure a loan against more than one. The deed of trust itself should contain the legal description of each parcel of real estate. Commonly, if there is more than one, that section of the deed of trust... Read more »

1 Answer | Asked in Estate Planning for Colorado on
Q: want to get out of co-ownership of house in Colorado Springs. My sister and brother are co-owners

My brother lives in the house. I want him and my sister to be co-owners . How do I get out of this situation the simplest way possible. Am willing to sell it to my sister for $1.00 or whatever is required.

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Oct 3, 2022

You need to talk to an attorney ASAP. Believe it or not, you may be in a really good situation since you all currently agree. Once, everyone disagrees it becomes a nightmare.

If you want off the property, you may be able to sell or gift your interest to them. Either way, you want a...
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1 Answer | Asked in Estate Planning for Illinois on
Q: Does a third beneficiary need to put into a trust when there are two already?

There are two beneficiaries currently: daughter and granddaughter. Lawyer insists there needs to be third but the Grantor only wants the daughter and granddaughter on there.

Charles E. Hutchinson
Charles E. Hutchinson
answered on Oct 3, 2022

I think there is some confusion about what the attorney is likely asking.

Going only by your question, and having not seen the trust or the details, the grantor does need to add some information regarding additional beneficiaries. The missing blank which needs to be filled in is, what...
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1 Answer | Asked in Estate Planning, Banking and Probate for Massachusetts on
Q: Does a revocable living trust need to be amended to remove a deceased co-trustee?

Bank is saying they cannot make changes to accounts in a trust's name because their documentation lists my deceased mother as a trustee, so changes (e.g. closing frozen accounts/transferring funds to new accounts) would require her signature... Is this accurate? Even though she is obviously... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Oct 2, 2022

You do not need to amend the trust, usually. The typical solution is to prepare an updated Certification of Trust that recites that the original trustee is deceased and identifies the successor trustee(s).

1 Answer | Asked in Estate Planning for California on
Q: Regarding a trust my parents set up; my father has passed. My mom has been deemed incapacitated.

Can the successor trustee(s) change anything wished by my parents. I am not being advised of anything even though I am a co-successor trustee and beneficiary. Can the successor trustee(s) do as they please, even though I am not being asked my to be involved in any of the decisions. Please help me... Read more »

Julie King
Julie King
answered on Oct 1, 2022

The answer to both of your questions will be written in your parents’ trust. Some trusts say successor trustees cannot change anything, other trusts say the successor trustees can change a trust if the law changes, and still other trusts have completely different terms. The same is true with... Read more »

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Grandparents pass uncle is executor $ goe to my uncle aunt my brother&I Unclaimed prop. is out uncle w not claim can I?
Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

Your question may have gone unnoticed in the Family Law category. The nature of what you describe is closer to Probate and Estate Planning than Family Law. Although there's no guarantee that all questions are picked up, you might have better chances of a response under the Probate and Estate... Read more »

1 Answer | Asked in Elder Law, Probate and Estate Planning for Virginia on
Q: Suspect Trust having funds dispersed illegally. CA Orange County trust but I'm in VA and executor in Seattle. What to do

Stepmom/Bio Dad created Joint Trust in 2004. Stepmom began making changes to Trust in 2018/19 while Dad having dementia. Wouldn't say what she did . She died in 2020. Financial POA went to elder twin daughter of stepmom. She wouldn't give any info. Then she died in 2022. Now younger... Read more »

Richard Sternberg
Richard Sternberg
answered on Oct 1, 2022

There is no competent way such specifics can be resolved in an Internet forum outside of privilege and without reviewing the trust documents. Start with a lawyer in your state, and, if it turns to litigation, you might need counsel that has jurisdiction over the trust or the trustee in California... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Maryland on
Q: My son in law passed and i have legal custody of both of his children and i'm representing the estate can we rent the

home without transferring the loan?

Mark Oakley
Mark Oakley
answered on Oct 1, 2022

Yes, the property can be deeded through the estate to the minor children, and the lender on the mortgage may not accelerate the loan or declare the loan balance due, but must accept continuing mortgage payments made on their behalf; however, the mortage lien remains on the property, so nonpayment... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: How can I get proof my brother and sister have poa and are trustees for her trust for my mother.

I have asked to see them but they have refused to show the documents to me

Trent Harris
Trent Harris
answered on Sep 30, 2022

Your brother and sister have no obligation to share your mother's power of attorney or your mother's trust with you in a strict legal sense. If your mother is living, then it is likely the trust is revocable and she is the only present beneficiary of the trust, and no one else is entitled... Read more »

1 Answer | Asked in Child Support, Divorce, Estate Planning and Collections for California on
Q: My father owes child support arrears to my now deceased mother. She left no will and the state has ceased garnishment.

As child of which the arrears were accumulated for, how can i obtain a new minute order, directing pauments to me and my sister? No will or assets from deceased mother

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

I believe child support ceases upon his death. It's your mom to whom he owed the support, not you. In fact, many states require the payor to obtain life insurance to cover the projected child support in case the payor dies before its paid.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Can Real Estate be transferred to the estate even if not specifically called for in the will?

My mom died and left her residual estate to 14 (4 children and 10 grandchildren). Some heirs are ex-pats. It will be easier to handle the sale of a rental property if it is first titled to the estate and then sold - and all heirs agree this can happen. While the will gives the executor (my... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 29, 2022

The Residuary Estate Clause of the Will disposes of the rest and residue of any property not already bequeathed or devised in the Will. So, depending on the Title, it appears the rental property can also be sold for the benefit of Estate Beneficiaries. Hire a competent NC lawyer to examine the... Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: Can the executor of an estate be from another state? Can the holder of a POA be from another state?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Sep 29, 2022

Yes to first question if named in the will.

Yes to second question so long as the out-of-state POA conforms to Ohio requirements (which most will).

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2 Answers | Asked in Estate Planning and Family Law for Pennsylvania on
Q: My grandfather left his house to me in his will ,so after the reading of the will can I change the locks on the house
Stephen M. Asbel
PREMIUM
Stephen M. Asbel
answered on Sep 28, 2022

The short answer is no. The house must pass through the estate administration. The executor must first ensure that your grandfather's debts, if any are addressed, that the administrative expenses of the estate are paid, and the required inheritance tax and any other tax obligations that may... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Arizona on
Q: If "Conflict Resolution" terms in a Trust are defined (arbitration) can the Trustee retain counsel and not adhere?

The beneficiaries (I am one) are disputing the final Accounting provided by the Trustee for various reasons. The Trustee has retained counsel to push our hand, but in reviewing the Trust, there is a section regarding "Conflict Resolution" that specifically states thar arbitration should... Read more »

Ilene L McCauley
Ilene L McCauley
answered on Sep 28, 2022

Thank you for your question. Getting to arbitration is a process, which generally requires a law suit to be filed. The language seems clear but it is not. The language is saying that a lawsuit which is governed by arbitration is generally less expensive than a full blown law suit. Both choices... Read more »

1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: My father gave POA to his girlfriend, instead of his kids. I have evidence of his schizoid delusions, making it invalid.

My brother is not included in his previous will, and I want to protect his rightful inheritance.

Does giving proof of mental incompetency at the time the latest will and power of attorney paper were filed (Aug. 22nd, 2022) nullify both and immediately revert to the previous will?... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2022

If the probate court were to appoint a family member as his guardian, that would terminate her POA. The probate court could also determine if he was competent when he made a new will or whether there was coercion, undue influence, or other improper pressure to change the will. Use the Find a... Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: In OH, can a Trustee withhold money, claiming it is an “advancement” of a beneficiary’s inheritance without evidence?

Nothing in the Will or Trust speaks to any such “advancement” nor are there any signed loan paperwork, or repayment schedules, nor is anything written on any of the Grantor’s check’s signifying check as an advancement or loan. Trustee only claims the Grantor said to withhold this... Read more »

Aaron Epling
Aaron Epling
answered on Sep 28, 2022

This has some serious family drama issues. Can a Grantor verbally amend a trust? Yes under certain circumstances. But the issue is whether this actually happened. Get a lawyer!

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: My mother left me a small house in her will. She has no other property. How do I get the house in my name?

I just need to know the steps I need to take. I do not live in LA and have to go back to TX Friday.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 27, 2022

Depending on the value of her estate, you might be able to complete this via affidavit. If not, then you would have to open a succession. I would recommend that you hire a succession/probate attorney to do this----it is not worth a title issue in the future because it's not done right at... Read more »

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