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Alaska Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Military Law for Alaska on
Q: HOA is fining me for having a damaged vehicle and bins out for less than 2 weeks, I'm deployed and can't do anything.

A friend of mine is watching my house, and was waiting on a new tire to fix their truck. I had mentioned to her that I had gotten an email from HOA to fix these issues, I had reached back out to the HOA after the fact to let them know what was going on. 10 days later, they fined me for both the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

As you may know, the Servicemembers Civil Relief Act may be applicable. See: https://www.law.cornell.edu/uscode/text/50/chapter-50

50 U.S. Code § 3952 may very well apply to your situation.

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for Alaska on
Q: How do I find My Land Left to me by my father I'm a Alaska native
Nina Whitehurst
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answered on Jan 27, 2022

Most real estate attorneys and all title companies can do a search for land in your father's name or in your name (if already transferred). If the land is still in your father's name, you need a probate attorney to help you get it retitled.

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1 Answer | Asked in Bankruptcy, Estate Planning, Collections and Small Claims for Alaska on
Q: I inherited land from my mom when she passed but never got the land now it's been sold where do I stand to get my share?

The person who held the land filed bankruptcy then sold the property before giving me anything including that he was going to sell.

Timothy Denison
Timothy Denison
answered on Nov 19, 2019

If someone else other than your mother held title to the property, you don’t have anything to inherit. Assuming there was a legal basis for your claim to the property, you probably should have intervened in the bankruptcy. If you weren’t listed as a creditor, you can possibly still maintain... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Alaska on
Q: will says my mother gets the house and it's to stay in family mom and uncle refuse to sell me house but want sold

Can I stop them from selling the house since Ive lived here for almost 6 yrs taking care of my grandparents they won't let me buy it they have a power struggle issue and won't even give it another thought and I have the means to pay it off alztimers disease is horrible

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2017

You have failed to indicate what, if any, claim you have to the house. If the will was probated, and the house conveyed to your mother and uncle, you have no right to force them to sell it to you.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Alaska on
Q: I moved back home in 2012 to care for my grandparents during their last days it's been 5 yrs since my grandma has passed

My grandpa is 88 suffering of alztimers ive had no help from any family what rights do I have when he dies concerning his house can I pay off the morguage and stay here if my family wants to kick me out

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 17, 2017

If your grandparents had validly executed (while they were still mentally competent) wills, their estate passes by the terms of the wills. If not, by the intestacy statutes. I don't believe there is anything that would compensate you for taking care of them.

1 Answer | Asked in Estate Planning for Alaska on
Q: I'm a partner in a LLP and a LLC. Do either of these require probate?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 20, 2017

That would depend on several things, including whether there is appropriate language in the operating agreements.

2 Answers | Asked in Estate Planning and Family Law for Alaska on
Q: I live on property that my father owns. I want to be sure that I get this property if he passes.

He wants to leave the property to me as my husband and I have a small home business here. If he leaves it to me in a will is that all we would need?

Ben F Meek III
Ben F Meek III
answered on Feb 26, 2017

Generally, your father, if he is still mentally competent and capable of forming testamentary intent, can make a will leaving his property to whomever he wishes. If he agrees with you, have him make a will leaving you the property. If he doesn't make a will, you alone would inherit the... View More

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1 Answer | Asked in Estate Planning for Alaska on
Q: what are express contact terms
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 8, 2016

Do you mean "express contRact terms"? If so, it would be words, phrases, sentences, etc., used "expressly", or actually, in the text of a written contract, rather than merely implied.

1 Answer | Asked in Estate Planning, Divorce and Probate for Alaska on
Q: Can i oppose if i am ex wife to deseased men children to enter into the rights of his estate? by any reasons.?

also i have my piano based on the previous divorce papers that belongs to me

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 16, 2016

If I understand the question, your ex-husband has died, and you are asking whether you have the right to inherit any portion of his estate. No, assuming that the divorce was effective before he died, and that he did not provide for you in a will, you have no inheritance rights at all. You would,... View More

1 Answer | Asked in Estate Planning, Consumer Law and Probate for Alaska on
Q: if a person finds a insurance policy from someone in 1923 and it is claimed abanded escheat? can i claim if i have pap

if i have paperwork

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 27, 2016

It is doubtful. If the proceeds of the policy escheated to the Territory of Alaska some 90 years ago, the statute of limitations on claiming the funds has probably long-since passed.

1 Answer | Asked in Estate Planning for Alaska on
Q: What happens when your lawyer dies whilst handling your estate in juneau alaska

It's been 10 years and we have had no paperwork from the lawyer who was handling my mothers estate, he died and have never received anything monies, paperwork, we have no idea whats happened about the will

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 8, 2015

The Alaska Bar Association has procedures for the handling of a deceased lawyer's caseload. Since this question was asked almost four years ago, I will assume that the problem has been dealt with. If not, let me know and we can discuss my looking into it for you.

1 Answer | Asked in Estate Planning for Alaska on
Q: If a person dies without a will can his/her next of kin sell his/her property?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 8, 2015

If and when the next of kin qualifies as the decedent's personal representative, and otherwise complies with the probate code and rules.

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