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Estate Planning Questions & Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on

Q: In CA do I need to quitclaim a condo to the estate and then quitclaim from the estate to a person? How doI sign 1st one?

Nina Whitehurst answered on Aug 20, 2019

Your probate attorney should be helping you with this one. If you do not have a probate attorney, then you probably need one. These are not do-it-yourself projects.

To answer your first question, no, the executor does not have to change title of real property from the name of a decedent...
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2 Answers | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Ohio on

Q: I own both a car and house with a girl, we are not married. If I die will she take full ownership or do I need a will?

We live in Ohio and I’m not sure if I need to make a will and leave my half of these things to her, or if the intestate laws will guarantee she gets full possession of the house and car? I don’t want my family trying to claim half of these items if something happens to me.

Moshe Toron Esq answered on Aug 20, 2019

If you own an asset together and the title contains the words " joint owners, with rights of survivorship" then the asset would pass to the other person automatically upon the first to die.

Otherwise, you need a will that names your girl friend.

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1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for California on

Q: The home ive lived in for 40 yrs. is in short sale. what rights do i have if i still live there?

my dad died and my sister was named executer to his estate . We found he was behind on his mortgage and the house was going into foreclosure. my sister got a probate lawyer and hot the house approved for short sale. An auction date has been pushed back to september . i got served with a 60 eviction... Read more »

Nina Whitehurst answered on Aug 19, 2019

It sounds like you were renting month to month and the new owner of the house, your dad's estate, has served you will a 60-day notice to quit in order to prepare the house for sale. You must move within that 60 day period. If you do not move, they can get a local sheriff to bodily drag you out... Read more »

1 Answer | Asked in Estate Planning and Probate for Indiana on

Q: in indiana, is a likely beneficiary entitled to see a testator's will before the testator dies?

testator is wife, named executor is second husband. wife's children from first marriage want to see the will BEFORE the wife dies; named executor refuses. do the children have any recourse if the wife was of sound mind when the will was made, OTHER THAN asking her?

Nina Whitehurst answered on Aug 19, 2019

No. Wills are private and amendable until the testator dies. I know that is frustrating, but there is nothing you can do to FORCE anyone to show you the will before the testator dies.

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for California on

Q: Can you add someone to the deed to your house but Will that your home be sold/profits split Among people not on the deed

My grandmother recently added my aunt and her husband to the deed of her home and the was told she could require they sell the home and split the money between us 5 grandkids. Is this true in California. Doesn’t a deed supersede a will? And if my aunt is a beneficiary on all her other accounts... Read more »

James Edward Berge answered on Aug 18, 2019

There is a presumption affecting the burden of proof that title to property is what it is, and that challengers that seek to prove otherwise must produce clear and convincing evidence to the contrary. It’s certainly possible that grandma conveyed title with an understanding that the property... Read more »

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2 Answers | Asked in Real Estate Law, Land Use & Zoning, Estate Planning, Landlord - Tenant and Probate for Georgia on

Q: My grandfather inherited a house and piece of land from my great grandmother after she passed.

Yes I am getting information for my grandfather. He inherited a house and piece of land from my great grandmother when she passed. He put his soon to be ex wife on the deed and now she is leaving and packing all her stuff to leave. She just came into alot of money from her father passing. Can he... Read more »

Paula J. Mcgill answered on Aug 17, 2019

Your grandfather should have consulted an attorney before she put her on the deed. If he did, he should go back to the attorney to consult with him or her.

Once you put a person's name on a deed, you can just simply remove it even if it was inherited. It was nonmarital property until he...
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1 Answer | Asked in Probate and Estate Planning for Nevada on

Q: My father passed with out a spouse i'm an only child who doesn't get along with his mother and sisters. They are trying

To take Everything. They have taken over planning the funeral. They're Ordering a bunch of death certificates. I was told there is no will. I was told i'm the closest next of kin.

Who has the most rights to take over his property and how do i stop them? How do i assert my rights and take... Read more »

Nina Whitehurst answered on Aug 17, 2019

Hire a local probate attorney to help you petition the court to be appointed executor of your father’s estate.

1 Answer | Asked in Estate Planning for Ohio on

Q: My mom died and her wife is having me handle the estate where do we go for her to sign over estate rights

She is willing handing it over I just need a document that states I can handle her estate but I don't know where to get that

Nina Whitehurst answered on Aug 17, 2019

Hire a local probate attorney to help you petition the court to be appointed executor of her estate.

1 Answer | Asked in Estate Planning for Pennsylvania on

Q: How do I access my moms estate that had passed away in 2010

I live in California, my mom passed in Pennsylvania. My mom passed away in 2010 and her boyfriend at the time was trying to get me and my sister to sign over all of my moms assets to him so that he can take care of my half brother and sister At the time I was very young, me and my sister ended up... Read more »

John B. Whalen, Jr. answered on Aug 16, 2019

... hello ...

... go to the Register of Wills where the Estate was probated ...

... it will probably be archived but they will be able to help you ...

... you may have waited to long to do anything, but good luck ...

John

1 Answer | Asked in Estate Planning and Probate for California on

Q: There’s 3 of us girls, supposedly my mom left no will, not believable! But she trick me into believing her at the begin

Beginning by signing a no bond that clearly isn’t wat she told me it was!& that the attorney was for us 3, I’ve not been able to step foot in my parents home,& she had a garage sale w/ out my knowledge that led to a fight n the police were called I’ve got the report is was NOT my fault! Now... Read more »

Nina Whitehurst answered on Aug 16, 2019

Hire a probate attorney to help you ensure that your mother’s estate is being handled correctly.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Intellectual Property for Oklahoma on

Q: Grantee filed fraudulent deed, when grantor was deceased & allotment was restricted under indian law, what can be done?

Nina Whitehurst answered on Aug 16, 2019

And attorney can help you file an action to quiet title.

1 Answer | Asked in Estate Planning and Probate for California on

Q: my Sister got revoked for not being mental able to work as a nurse do to pills, she’s now administrator of moms estate!

I believe the law firm doesn’t know this that’s her attorney nor the courts, wud she be able to do if they knew?

Nina Whitehurst answered on Aug 16, 2019

If you think your sister is not qualified to be the executor of your mom's estate, you should hire your own attorney to oppose her appointment or, if she has already been appointed, to have her removed.

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Texas on

Q: Does homestead act over-ride the execution of the last will. The nephew never owned the house it belonged to the estate.

great aunt passed and left everything to her to a select few of her nieces and nephews, One of the nephews was very sickly and not expected to live long, he could live in the house until he died then the house would be sold and divided amongst the remaining living. If he ever moved he would sell... Read more »

Bruce Alexander Minnick answered on Aug 16, 2019

No, if the decedent had a Last Will the property should pass in accordance with the will.

1 Answer | Asked in Estate Planning and Probate for Florida on

Q: In Florida, what type of "frozen" account is used for Depository of liquid estate assests? Deposits YES/withdrawals NO

3rd party Bank associate says to open a CD in estate's name, but ALL liquid assests not in one place so would locking some in a CD prevent adding liquid assests obtained later?

Seril L Grossfeld answered on Aug 16, 2019

Normally assets of an estate would be deposited in a depository account that would mean a court order would be required for distribution of assets from the account. Normally estate assets are not deposited in a time account such as a CD which might prevent access to those assets without penalty... Read more »

1 Answer | Asked in Probate and Estate Planning for Texas on

Q: My sister and the will.

The will simply states we have equal shares, 50/50. What do I need to do about my sister not allowing me to see financial records and I've requested that from her four times what is it that I need to file with the court?

Tammy Lyn Wincott answered on Aug 16, 2019

Talk to your probate lawyer.

1 Answer | Asked in Estate Planning and Probate for Arkansas on

Q: If your are married and both spouses own everything and one dies does everything automatically go to the other spouse if

If that what they wanted but don’t have a will

Patrick R. Lee answered on Aug 16, 2019

It depends on whether the deceased spouse had any children. It also depends on how each piece of property is titled. Real estate may be titled such that it passes automatically to the survivor. Bank accounts may have payable on death beneficiaries.

You probably need to consult with an...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on

Q: Changing deed rights?

I am looking for information regarding the removal of a statement in my deed that my grandmother (Grantor) would now like to have removed. The following is what she is wishing to have removed. "Reserving unto the Grantor a life estate in the within described property." This deed was done in... Read more »

Nina Whitehurst answered on Aug 16, 2019

The actual process of removing the life estate is fairly simple (for an experienced real estate attorney, anyway), but it should not be done without legal advise as to income tax, property tax and other implications, such as the effect this might have on Medicaid pre-planning.

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1 Answer | Asked in Estate Planning and Probate for Texas on

Q: Question about mom passing in 03/19 and my stepdad still living and in their house. What are my mom's children's rights

I live in TEXAS. My stepdad has postponed us collecting my mom's belongings inside from 6-8 months after her death and decided to stay in the home. It raised my suspicions since my mom had undiagnosed Dementia before death. Do I have a right to ask for the will from him?? I know I was the... Read more »

Tammy Lyn Wincott answered on Aug 16, 2019

Ask for the will in order for it to be probated. Your mom may have named him as beneficiary on the account that held her inheritance funds and that can pass to him without the will. If you have a copy of the will you can begin the probate process with that and get an order for him to appear and... Read more »

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Texas on

Q: Can my sister make me move out

Im co executrix with my sister of mom's will. I moved into mom's house after she passed a year ago. The Will has been through probate. Can my sister make me move

Tammy Lyn Wincott answered on Aug 16, 2019

It depends on who the beneficiary of the house is. If it is both of you then you'll probably have to fight it out in court.

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