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Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Please help, I am trying to keep my dads house out of probate after he dies.

I am the sole heiress, currently POA, his caregiver and will be executor. There is a mortgage and an equity loan not in my name but my parents. My mother is dead. Dad is alive by very sick. Both of their names are joint owners on the house title and the mortgage and equity loan. He has a registered... Read more »

Paul Kellogg
Paul Kellogg answered on Feb 18, 2020

You need to go see an attorney. You need to verify the house was joint with survivorship between your parents so it can be transferred out of your mom's name and into your father's name. If the house is not in survivorship between your parents you have a lot issues to work through. If the house... Read more »

2 Answers | Asked in Estate Planning for California on
Q: My Brother change my parents living trust to a corrective deed of trust. I need to know if this was legal.

My father and mother had a living trust written up in 2004. My dad passed away in June of 2010 my mother remained alive and then passed away in september of 2019. There are six children who are the beneficiaries my oldest brother is the trustee/beneficiary. After my mom passed the trust was never... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 18, 2020

You need to hire a trust administration attorney to help you with this. A living trust and a corrective deed are two completely different things. A living trust is an will-substitute that contains the grantor's plan of distribution for his or her estate upon death, among other things. A deed... Read more »

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3 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: Should I know my inheritance before being asked to donate it to my stepmother?

My stepmother informed my siblings and myself about our father's will. We have contacted her because we live in Texas and wanted to know more information about it. She refused to speak to us about the matter. Each one of us has recieved a letter from an attorney asking us to donate our share of the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 17, 2020

You should hire your own probate attorney in the locality where your father had lived to advise you.

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1 Answer | Asked in Estate Planning, Health Care Law, Insurance Bad Faith and Stockbroker Fraud for Illinois on
Q: What does Tod subject to STA Tod rules mean
Tim Akpinar
Tim Akpinar answered on Feb 17, 2020

Generally speaking, TOD means "Transfer on Death," and STA means "Securities Transfer Association." Your question remains open for four weeks; for a meaningful explanation of these terms, you should consider consulting with an attorney knowledgeable in probate/estate law, more than simply what the... Read more »

1 Answer | Asked in Estate Planning, Family Law and Civil Litigation for Missouri on
Q: Is it legal to take a person to court without notifying them

My father past away and my sister got control of his estate and now they have taken me to court and I wasn't notified about it is that legal

Kristen Thurmond
Kristen Thurmond answered on Feb 17, 2020

You will need to contact an attorney who handles contested probate cases. Failure to properly serve or give due notice to a required party has serious consequences. However, you will need an attorney to help you assess if that's what happened in this instance.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Who get's the house?

So my cousin just passed and her house was put in hers, her sons and my moms name. Her son has warrants and will most likely be in prison for a few years. So I'm wondering if my mom get's the house if he is locked up? Does she pay him his part even though he is locked up?

Update:

We... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 17, 2020

The fact that one of the people on the deed is locked up will not prevent him from owning that share. Your mother could purchase his share from him, yes. She should have a real estate attorney help her with this.

There is also the question of what happened to the decedent's interest. If...
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1 Answer | Asked in Estate Planning for Alabama on
Q: after a conservator turns in detailed financial records of first year to probate court, do they have to do it forever

Will conservator be under probate court until incapacitated person dies?

Nina Whitehurst
Nina Whitehurst answered on Feb 16, 2020

Yes, that is the nature of conservatorships. Conservatorships are avoidable with proper estate planning.

1 Answer | Asked in Estate Planning on
Q: Can an uncle quick claim a piece of property to his nephew in Michigan?
Nina Whitehurst
Nina Whitehurst answered on Feb 16, 2020

Yes, of course. Anybody can quitclaim property they own to another person. Whether or not that is a good idea is an entirely different question. Most of the time it is a bad idea for multiple reasons, including without limitation, loss of control, loss of step up in basis at death, clouding the... Read more »

1 Answer | Asked in Elder Law, Probate and Estate Planning for California on
Q: My Lola's (grandma's) youngest son claims to have POA, will not allow my Lola and me to be together, Please reunite us.

POA is not Conservatorship, they are abusing POA. My Lola is my Valentine every single day, to keep us apart is cruel. When she asks for me and they don't allow me to see her, that is cruel and elder abuse. I used to be my Lola's 24/7 live-in care provider since her kids and grandkids are deadbeats... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Feb 16, 2020

If you think she is being abused then you need to report this to Adult Protective Services in your County.

If you want to fix the problem of her being isolated from you, then you can ask for a Restraining Order for Elder Abuse. Isolating the elder from loved ones is considered abuse under...
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1 Answer | Asked in Estate Planning for New York on
Q: My father has an out of state will

My father has a will he created by Legal Zoom, when living in NY. He passed away while residing in NC. As I was named the executor, I met with the county clerks office to begin handling his affairs. I was told that NC requires the last 2 pages of the will (notary & witness pages) to be notarized.... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Feb 16, 2020

The is no requirement for a notary to be involved in a Will at all in New York. Estate Powers and Trusts Law (EPTL) 3-2.1 requires the signature of the person signing the Will and two witnesses. None of those signatures need to be notarized.

Many times witnesses are asked to sign a...
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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Dad died intestate, NJ, No assets, debts. Cousin,NY,wills $$.His 3 heirs named to collect.Can spouse claim it all?

NJ intestate laws support spouse keeping whole estate but will in NY specifies 1/3 of his portion to surviving spouse and 2 adult children as heirs of his estate. I live in NY and estranged mother in NJ. She wants me to authorize will administrators to send her entire amount so she doesn't have to... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 16, 2020

You need to speak with a probate attorney. Depending on how much money there is in the estate there may be money you are entitled to under the will. How ever without knowing your father's debts, and total assets there is no knowing if you would be able to collect anything if your mother chooses her... Read more »

2 Answers | Asked in Estate Planning for Texas on
Q: Can one stipulate that property children inherit later be divided amongst their living siblings upon their death?

What if I were to want to leave property to my children equally, but when they also pass away, have them leave what was inherited from me to their living siblings first and not their spouses, children, etc. Is that an option?

Nina Whitehurst
Nina Whitehurst answered on Feb 15, 2020

Yes that is possible. An estate planning attorney can help you accomplish your goals.

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1 Answer | Asked in Estate Planning and Probate for Indiana on
Q: If my Mother gifts me her house. And uses the IRS form 709 on this years taxes. If she passes can the IRS come after me?

She will be 91 this month. In pretty good health but may need some in home assistance or go to an assisted living facility at some point in time.

Nina Whitehurst
Nina Whitehurst answered on Feb 15, 2020

Your mother needs to see an elder law attorney as soon as possible. She needs to understand that gifting the house to you will create a long penalty period if she needs Medicaid to pay for the nursing home. For your part, you need to understand the loss of step up in basis associated with lifetime... Read more »

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: How do you do an act of donation to my father on property we inherited that was my mothers half? She did not have a will

My mother passed and did not have a WILL, we got her half and my father is still alive. We want to donate her half to my father. WE heard this was the best thing to do in case he wants to do anything. He owns a home and property and vehicles etc.

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 14, 2020

An attorney handling property matters can prepare an act of donation for you.

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1 Answer | Asked in Estate Planning for New Hampshire on
Q: In NH if husband and wife are joint owners and the husband dies. How does the wife get sole ownership?
Theresa Spearing
Theresa Spearing answered on Feb 14, 2020

If your Deed is titled Joint Tenants with Rights of Survivorship, the property passes automatically by operation of law.

1 Answer | Asked in Estate Planning and Real Estate Law on
Q: Does a life estate supersede a living trust

The residence was initially set up to be sold and proceeds divided by the children in the trust. Later the originator of the trust filed a life estate for the residence to be left to only one of the children with the right to reside in the residence to his death. The life estate was not made part... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 14, 2020

A revocable living trust only governs the assets that are inside it when the trustor dies. During the trustor's lifetime, the trustor can place items in the trust and take items out as he or she sees fit. It sounds like this trustor took the property out of the trust and disposed of the remainder... Read more »

3 Answers | Asked in Contracts and Estate Planning for New York on
Q: My mother transferred the deed to her home to me Sister found out Mother now saying I verbally promised to share it

Mother now suing me for return of the home Breach of contract.

Opinion? Mother said this agreement was made in front of her lawyer

Lawyer who handled deed transfer saying no promise to share home was made

Michael David Siegel
Michael David Siegel answered on Feb 14, 2020

You need to defend the case, but if the facts are as you say, you should win.

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2 Answers | Asked in Estate Planning for Kentucky on
Q: My husbands sister signed a notarized quitclaim deed giving him her home in 2018. She passed away Jan. 1, 2020.

The deed was recorded in Nov. 2019. Will that property be inventoried by her state appointed administrator?

Timothy Denison
Timothy Denison answered on Feb 13, 2020

No. It belongs to your husband and is not an asset of his sisters estate.

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1 Answer | Asked in Estate Planning for California on
Q: My mother recently passed away in California. She had an investment with an attorney in Illinois.

My sister is the executor. She has requested all information regarding this investment from the lawyer that oversees it. He is refusing to send us any information. He also said he has no obligation to pay us out upon her death. he states when he receives proof of deat he will consider our request.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 13, 2020

Demanding proof of death is a reasonable request. That can easily be done by providing to him a death certificate.

If he does not respond after that have your probate attorney help you with obtaining a subpoena to send to the attorney.

1 Answer | Asked in Real Estate Law, Divorce and Estate Planning for Arizona on
Q: 1. Can a married couple file their our Will for distribution of half and half of our property?

The are specific in the Will about sealing and distributing the items and monies? Due to having started with a blended family.

Nina Whitehurst
Nina Whitehurst answered on Feb 13, 2020

Wills do not get "filed" anywhere until after the testator/testatrix passes; until then they are private.

Planning for blended families can be complicated, especially if both spouses want to provide for the surviving spouse but still protect the inheritance of the children of the first...
Read more »

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