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I was overseas when my husband, who held power of attorney, transferred all our assets into his name, divorced me without any notice, and I was not served with any legal documents. The events occurred in Galveston, Texas. How can I challenge the divorce and the transfer of assets, and what are my... View More 
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answered on Mar 23, 2025
The attorney-in-fact under the POA is a fiduciary for his principal (you). Conveyances of the principal's assets to the agent, by the agent, are presumptively fraudulent. He could rebut the presumption, and it may have come under the divorce proceeding. Hire a TX attorney to file suit... View More
Who currently owns the assets of my deceased mother's irrevocable trust, which includes a residential property and a rental property, established in Tennessee? The trust names three qualified beneficiaries. One of them acts as the sole trustee and has taken responsibility for maintenance,... View More
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answered on Mar 20, 2025
It is very possible that the Settlor's death is irrelevant to the Trust, such that the Probate Estate does not include Trust Corpus. The Trust probably continues in existence, since most irrevocable trusts are declared so they continue past the grantor's life.
I am looking for guidance on inheritance matters in Texas. There are three cousins who are next in line for an estate. Two brothers who were originally in line for the estate have passed away. One of the deceased brothers had a wife who has also passed away and has two surviving children. The other... View More
answered on Mar 20, 2025
You should consult with a probate attorney who practices in the county where the decedent died. An intestate (without a will) probate can be opened in the County. The rightful heirs will be determined, and the administrator will distribute the proceeds.
If the two brothers have passed,... View More
My husband passed away and a piece of land in his succession has this statement on this piece of property. I am his survivor and inherit his estate do I get this piece of land
answered on Mar 19, 2025
More information is needed here and specifically, perhaps a review of the document itself because unless someone reviews it, one is really just guessing as to what is actually intended. It may be the donation is to husband and wife but that's simply an uneducated guess if one does not have... View More
Following my parents' divorce, it was stipulated in the divorce papers that I would receive a 1/4 interest in anything my father received from the Harber estate. My father, who had inherited a trust alongside his sister, has since passed away, as has his wife. I have the divorce paperwork, but... View More
answered on Mar 19, 2025
You should probate your father's Will. In accordance with the divorce decree, he should have left you the 1/4 interest you are entitled to in his Will. If you cannot locate your father's Will, you can still probate your father's estate as one of his heirs at law and argue that you... View More
I live in a house in Washington, DC, which is in my wife's name because she owned it prior to our marriage. We both agree on adding my name to the deed. There are no existing liens on the property. We are concerned about possible future circumstances in which my wife could become incapacitated... View More
answered on Mar 19, 2025
It’s a simple process of your wife executing a deed from herself to you and her as tenants by the entirety. Any real estate lawyer can draft the deed and record it for you. However, deeding the property alone will not address how either one of you may manage the property (sell or borrow against... View More
My father, who was very wealthy, had a will, but my family hid it and took everything he owned, leaving me with nothing. I haven't spoken to a lawyer or taken any legal action yet. What can I do in this situation?
answered on Mar 19, 2025
I am very sorry for your, please accept my condolences for you and your family at this difficult and sad time.
If there is a Will, Florida Statute requires that they submit it to the clerk of the court within 10 days if this is in the State of Florida.
If no probate was commenced,... View More
What do I need to put in place to ensure my wife can continue to run our company business if I die? I am currently a sole proprietor contractor with no will yet, although I plan to have one soon. My wife already has power of attorney.
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answered on Mar 18, 2025
As a sole proprietor, all of your business assets are your assets. There is no separate entity. At a minimum you need a will that leaves your business assets (or everything you own, if that is your desire) to your wife when you die. But you should seriously consider creating a revocable living... View More
What do I need to put in place to ensure my wife can continue to run our company business if I die? I am currently a sole proprietor contractor with no will yet, although I plan to have one soon. My wife already has power of attorney.
answered on Mar 18, 2025
There are a number of ways a person can take over another person's business, including through a Trust or Will, by incorporating or forming an LLC and having specific language in the legal documents, etc. The law in California is that anyone with "probatable" assets valued at more... View More
I am a 94-year-old single woman with a home valued at $450,000. I previously had a will but cannot find it. In the past, I expressed in writing that I wanted the house to go to my daughter and a granddaughter. Now, I want to change my decision and ensure none of my grandchildren or my daughter... View More
answered on Mar 17, 2025
You can make a new will, revoking any and all previous wills. That is the quickest and easiest way to make your wishes known. You should also consider a consultation with an estate planning attorney to see if another vehicle, such as a trust, might be advantageous. You can also make an advance... View More
I have a question regarding a conflict between testamentary dispositions and partnership rules. An Italian citizen, who was a resident and deceased in Italy, left a will with provisions contradicting a partnership agreement made years ago in the USA (specifically Illinois). The partnership... View More
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answered on Mar 17, 2025
You are going to need an IL attorney in addition to the Italian probate attorney. But whatever the decedent actually owned in the partnership will then go through his Estate, regardless what the will claims it is. Decedent does not get to change his partnership contract through a testamentary... View More
As a beneficiary of a trust, I am currently receiving assistance from government programs (SSDI/SSI, Medicare A & B, CalFresh, and Section 8) in California. I want to understand the best way to collect my inheritance while maintaining my services. The trust includes mentions of government... View More
answered on Mar 16, 2025
It is difficult for a lawyer to answer questions without having all the facts of a situation, but it sounds like a Special Needs Trust ("SNT") may be the best option for you. The purpose of SNTs is to provide funds to someone receiving government benefits without disqualifying them from... View More
My former wife, who recently passed away, wished to leave some money to a young lady she believed might be her granddaughter. The young lady is 21 years old, and my former wife wanted to confirm this relationship through a DNA test if the young lady is willing. No legal process has been started,... View More
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answered on Mar 16, 2025
I understand that you want to honor your former wife’s wishes and ensure that this young woman has the opportunity to confirm her potential relationship with her. Since there are no legal proceedings underway and your former wife did not leave a formal estate or legal documents outlining her... View More
I would like to ensure that my wife can take over our home mortgage if I die unexpectedly. She is not currently a co-signor or co-owner of the property, and we do not have an estate plan in place yet. I have a life insurance policy that could help cover the mortgage. What steps should I take?
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answered on Mar 16, 2025
Under federal law, when a home loan borrower dies and the house is inherited by a family member, such as a spouse, the lender may not call a loan due or force the family member to assume the loan. All your wife will need to do is notify the lender that you have passed and that she has inherited... View More
I'm seeking a lawyer to create a power of attorney for my 91-year-old mom to ensure decisions regarding her healthcare and financial matters are covered. She is currently capable of making her own decisions. Could a lawyer assist with the process and advise on any specific conditions or... View More
answered on Mar 19, 2025
Make an appointment with a lawyer who drafts estate planning documents in your jurisdiction. Your mother (and you, really) needs four documents at least: (1) a last will and testament; (2) a durable statutory-compliant financial power of attorney (POA); (3) a healthcare POA; and (4) an Advance... View More
I own a fully paid-off property in Henrico, VA, purchased with cash and confirmed to have no liens through a thorough title search and title insurance. I want to transfer this property to a revocable living trust I recently established to avoid probate. Could you advise on whether a Quitclaim deed... View More
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answered on Mar 14, 2025
Hire a VA attorney to draft that Deed. It must go to the Trustee with specific language so that he can convey the property later without question. Your Trust needs to be examined for enforceability, but probably does not exist until corpus is conveyed to the Trustee. QCD or WD is irrelevant... View More
I'm currently married, but I want to appoint another person to have legal authority over my personal care and any other matters I choose, both now and in the future. I do not want my spouse to have any legal say in my personal affairs. The appointed person agrees to take on these... View More
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answered on Mar 14, 2025
In Mississippi, you can appoint someone other than your spouse to handle your financial and healthcare decisions by executing a Durable Power of Attorney (DPOA) for finances and an Advance Health-Care Directive for medical decisions. These legally binding documents override a spouse’s default... View More
I was married to my husband, Robert Edwin Atchley, for 37 years until he passed away during surgery. Since his passing, I've faced hostility from his family, who have stated I'm no longer recognized as part of the family and have refused to support me financially, despite my ongoing... View More
answered on Mar 13, 2025
In the State of Tennessee, a will must have signatures from 2 witnesses that will attest that the person is of sound mind and body. Some of the better wills have a notary sign off on the person's signature and the two witnesses. An amendment to a will is a codicil. For a codicil to be... View More
I have paid off my mortgage, and my wife's name is not currently on the title of our property. I am considering adding her name now, as I want her to have full ownership of the property if I pass away. What steps do I need to take to ensure her name is added and she has full ownership?
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answered on Mar 13, 2025
If you add your wife (which you can do via a Gift Deed, or Warranty Deed), she will be the full owner at that point in time. If she dies before you, you will have to go through probate and hope the law in your jurisdiction will give it back to you.
Other options: Transfer on Death (most... View More
I have paid off my mortgage, and my wife's name is not currently on the title of our property. I am considering adding her name now, as I want her to have full ownership of the property if I pass away. What steps do I need to take to ensure her name is added and she has full ownership?
answered on Mar 13, 2025
Some more facts are necessary to fully answer. Since Texas is a community property state, if the home was purchased during marriage, she already owns her community property portion. From an estate planning perspective, a Transfer on Death Deed would work such that at death, she would own the home... View More
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