Estate Planning Questions & Answers

Q: Son bought a home, wife signed off, they were separated 31 years; he died. Can she claim his estate?

2 Answers | Asked in Estate Planning and Probate for California on
Answered on Feb 12, 2019
John B. Palley's answer
The ex may make a claim but that will be dealt with when it happens. The cost of probate is based on the value of the house. I have a probate fee calculator on my website which can give you an estimate of cost. https://californiaprobate.info/probate-fee-calculator/

Q: My wife has passed away no will she was in the middle of a law suit how do I go about setting up a estate account

2 Answers | Asked in Estate Planning for Florida on
Answered on Feb 12, 2019
Phillip William Gunthert's answer
Very sorry for your loss and the passing of your wife, please accept my condolences and sympathy at this difficult time.

You will need to contact a Florida Probate Attorney, based on the type of assets and size of the estate will usually determine the type of probate, in this instance, since there is a current or ongoing lawsuit, it is likely you will need to do a Formal Administration, you as the surviving spouse would be the person to apply to become the Personal Representative in a...

Q: I need to write a new will and have questions re power of attorney can 2 people be joint /dual power of attorney for

1 Answer | Asked in Estate Planning and Family Law for New York on
Answered on Feb 11, 2019
Michael David Siegel's answer
Two people can definitely be joint POA and the form has a box to check if the two must act together, so yes.

Q: My father committed suicide in 2006 & left No will how can we get my moms name on the deed or sell it?

3 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Answered on Feb 11, 2019
Terry Lynn Garrett's answer
If your father's only children are also your mother's children, ask two people who can witness to this sign an Affidavit of Heirship before a notary public and record it in the county deed records.

Q: can affidavit of survivorship apply to only child living with parent alone? or is intestate succession mandatory?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Nevada on
Answered on Feb 10, 2019
Jonathan Craig Reed's answer
You can't get title with an affidavit. You will need to do a probate. The proper value of the estate is the value of the home at the time of your mother's death which is probably a lot less than the current value. The Court will accept the Zillow.com value and the Zillow.com website usually lets you see the value for the last five years, although when I checked a local house right now to answer your question, Zillow.com wasn't giving me the price history. However, I mention the value at the...

Q: My brother and I purchased our family's cabin and acreage years ago. Can his wife take over ownership if he were to die?

1 Answer | Asked in Estate Planning for Pennsylvania on
Answered on Feb 10, 2019
Mark Scoblionko's answer
You would need a lawyer to review your deed and advise you.

As a general principle, if your deed says that you own the property as joint tenants with right of survivorship, if one dies, the property passes automatically to the other deed holder. On the other hand, if the deed says nothing about right of survivorship, the property is owned as tenants in common, and the 50% interest of each would pass by that person’s Will or, if none, through that person’s estate under the laws...

Q: My mother passed away. She lived in NY for almost 5 years before that in Maryland. Do I have to do public notices?

1 Answer | Asked in Estate Planning for New York on
Answered on Feb 10, 2019
Michael David Siegel's answer
No. There is no need for the will or probate. The accounts go to you, and the annuity, on presentation of the death certificate, will go to the beneficiaries. If there is nothing else, you are done.

Q: my uncle died with a predeceased sister and two alive brothers. Are the children of my predeceased aunt heirs as well

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Feb 9, 2019
H. Scott Aalsberg Esq.'s answer
We are not supposed to give you specific answers to legal questions site only general answers. I would suggest to get specific answers on what to do, that you setup a consultation with a local lawyer. It may cost a few hundred for the advise, but its better than getting sued later on for doing the wrong thing.

Q: If you have made a will with your spouse and then get divorced, is that will still valid?

1 Answer | Asked in Divorce and Estate Planning for Ohio on
Answered on Feb 8, 2019
Joseph Jaap's answer
A divorce terminates a spouse's inheritance rights. The will is still valid, but the spouse is assumed to have already died, so nothing would go to the spouse. But it is prudent to consult with an estate planning attorney to review the divorce documents and will, and advise you about making a new will since there have been significant federal estate tax changes.

Q: This is just a continuation from last question I was asking you regards to my brother's passing. So you're telling me

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Feb 7, 2019
Bill Sweeney's answer
If you object to her inheriting property she could be required to prove paternity. The attorney assisting you with the probate can advise you further.

Q: My brother just died & I'm his only family his never been married & no kids we thought . He has no will.ill continue Q

3 Answers | Asked in Estate Planning, Foreclosure and Probate for California on
Answered on Feb 7, 2019
Gerald Barry Dorfman's answer
Sorry for your loss. If she really is his only child, she would inherit everything in his estate. If you or someone else are named as beneficiary on the accounts or 401K, those go to the named beneficiary.

Q: Can mortgage company refuse to talk to the administrator of an estate regarding the deceased property ?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Feb 7, 2019
Anthony Marvin Avery's answer
Yes. About the only real right you have is to tender payment in full of the Note with all penalties. If the NoteHolder refuses you payment, then file suit in Chancery to have a Waiver Declared such that the Note is satisfied.

Q: How long does mortgage company have to review administrator of estate papers ?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Feb 7, 2019
Anthony Marvin Avery's answer
The Holder of the Note and Deed of Trust do not have to talk to anyone. nor does the Trustee conducting the Sale. It appears the Note is in default and they are going through with the Foreclosure. The Estate may wish to bid at the Sale or you may believe the Note and other requirements of the Deed of Trust are not in Default. If so you may wish to hire an attorney to request an Injunction in Chancery, but you will have to post a Bond.

Q: In IN, with no will who will my husbands assets go to with one adult child from 1st marriage and two children with me.

1 Answer | Asked in Estate Planning and Family Law for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
First off, you should consult with a probate or estate planning attorney in your area for legal advice. These situations should always be thoroughly reviewed by a probate or estate planning attorney, otherwise costly mistakes can be made.

Second, if your husband passes away without a will, he will be treated as having passed intestate. This means that his assets will be distributed according to Indiana laws rather than his wishes if he had had a will. Any assets that you own jointly...

Q: Can heirs file an Affidavit of Heirship in Louisiana instead of a Small Estate Affidavit?

1 Answer | Asked in Estate Planning for Louisiana on
Answered on Feb 7, 2019
Christie Tournet's answer
An affidavit of heirship is an OMV form used only for transfer of titled vehicles. To transfer title from a Decedent to rightful heirs, you must do a succession in some form. If neither had a Will, and the value of each estate is under $125k, you can do the Affidavit of Small Succession. However, it must meet statutory form requirements and you will need to discuss your circumstances with an attorney well versed in probate to confirm that you can proceed that route. Both separate and...

Q: My wife is a co-trustee for her late father's estate.

1 Answer | Asked in Estate Planning for Ohio on
Answered on Feb 7, 2019
Joseph Jaap's answer
That could be a problem if any beneficiary objects. If the other trustee approves, that might help reduce any potential beneficiary concerns. Note that an estate does not have trustees, it has executors or administrators. A trust has trustees. Your wife should use the Find a Lawyer tab to retain a local probate and estate attorney to advise her about her responsibilities and liabilities as a trustee.

Q: Can judge order heirs to bring back personal property they took after dad died ? No will ,but now have admin of estate ?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Feb 7, 2019
Leonard Robert Grefseng's answer
Yes, the judge can order that and more importantly, the administrator of the estate has a DUTY to try and recover the lost assets. Consult an experienced probate/estate lawyer asap for specific advice on your situation, this is not something you can do without a lawyer. The legal fees are a priority expense of the administration.

Q: My mother is going in Assisted living. She will pay until her money runs out then go on Elderly waiver.

1 Answer | Asked in Estate Planning for Minnesota on
Answered on Feb 6, 2019
Joshua Damberg's answer
Medical Assistance laws, including Elderly Waiver (EW), are incredibly complicated and can have harsh penalties if there are any financial issues or reporting mistakes. Also important to remember is that each state has its own Medicaid laws (Medical Assistance in MN), so you cannot rely on an attorney in New York to advise upon laws here in Minnesota or vice versa. Depending upon your mother's age, health care needs, and financial circumstances, Elderly Waiver may or may not be the appropriate...

Q: Does the principle have to be present at a TX bank, if both co-agents of a DPOA want to modify the principles account?

1 Answer | Asked in Contracts, Estate Planning and Family Law for Minnesota on
Answered on Feb 6, 2019
Joshua Damberg's answer
Generally, the answer to this is no. The Principal should not need to be present for his or her Attorney(s)-in-Fact to use the Power of Attorney document. In light of the recent epidemic of misuse of POAs and the exploitation of the elderly, many banks have attempted to institute additional policies and layers of red tape. So long as the Power of Attorney was validly executed, the bank SHOULD recognize it. You and/or your cousin may need to push back against bank policy and make the institution...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.