Estate Planning Questions & Answers

Q: Can the executor of an estate use funds from the estate to make a donation without the consent of the beneficiaries

1 Answer | Asked in Estate Planning for New Jersey on
Answered on Apr 15, 2019
Noel Rivers' answer
No, an executrix cannot make a unilateral donation of any amount whatsoever, without having clear, written authorization from the decedent. You would need to read the will and any codicils carefully to see if it contains any provision for a charitable donation.

Q: Can I challenge my fathers wife of less that 8 years on my fathers estate?

1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for Virginia on
Answered on Apr 15, 2019
F. Paul Maloof's answer
Since you father died without a Will, the Virginia Code's provisions of Intestate Succession control the distribution of his estate. The Virginia Code's provisions for Intestate Succession are long and complicated. It would be best for you to hire a lawyer to provide you with a written opinion relating to your questions. This public website is not an appropriate and confidential way to provide an opinion of Virginia law.

Q: Divorce decree says kids can talk to the other parent through age appropriate devices. Is this appropriate for 4 yr old

3 Answers | Asked in Child Custody, Child Support, Estate Planning and Family Law for Georgia on
Answered on Apr 14, 2019
Kim Ebert's answer
According to your statement, the divorce decree says "age appropriate devices." It's probably a safe bet that telephone qualifies, but it depends on what your judge defines such devices as appropriate at certain ages. You should consult with an attorney for a better opinion based on the divorce decree (and settlement agreement if there is one).

~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.

Q: Wat is IAEA powers & gettin bonded mean? I'm Admn.of estate and had previously asked how can i use money frm block acct?

1 Answer | Asked in Estate Planning, Real Estate Law, Banking and Probate for California on
Answered on Apr 13, 2019
John B. Palley's answer
Generally speaking only people who have not planned end up with a blocked account and without full IAEA authority. I typically see this done by pro pers and by lawyers who don't know what they are doing. There are other situations but that's a generalization by me.

IAEA means the Independent Administration of Estates Act. Without FULL IAEA authority you need to go back to court to confirm the sale of real estate. This is hugely problematic as you can lose buyers in the process. Full...

Q: Do i need a reason or show probate judge why i need to withdraw funds frm block acct.,how long does this process take?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Apr 12, 2019
Jeffrey Louis Gaffney's answer
When you file the petition form to get funds from the blocked account, you have to fill in exactly who will be getting the money and the purpose of the payment.

How long it will take depends on your court and how backed up they are. Expect a few weeks at most.

Q: Do i need to get a court date just to ask probate court to release partial funds from block acct ?

3 Answers | Asked in Estate Planning and Probate for California on
Answered on Apr 12, 2019
John B. Palley's answer
Honestly I would petition the court and ask to switch to IAEA powers, get bonded, and get rid of the blocked account. It will be easier to handle estate business including, eventually, selling the house. There is a judicial council form to make the switch to full IAEA powers. If you don't have one I would advise hiring attorney. Should make your life easier. -John

Q: I want to transfer my home into a revocable trust. I was told I need to submit an affidavit of property or state an exe

1 Answer | Asked in Estate Planning for Arizona on
Answered on Apr 12, 2019
Ryan K Hodges' answer
The exemptions are found at A.R.S. § 11-1134, https://www.azleg.gov/ars/11/01134.htm. Subsection (B)(8) usually applies to transfers to trust, but you should review it and the others to be sure it fits your situation.

Q: how do I help my minor child recieve his fathers inheritance as his legal guardian?? He had no will and he owned a house

1 Answer | Asked in Estate Planning for Missouri on
Answered on Apr 11, 2019
Jennifer Sheila Kornblum's answer
You will need to go through probate as guardian of your son. The father's estate should not be used to pay his mother's personal debts. You should hire an attorney who will agree to be paid out of the estate.

Q: my husband and I jointly own new vehicles with clear titles, don't yet have wills but intend for them to go to our son.

1 Answer | Asked in Estate Planning for Arizona on
Answered on Apr 10, 2019
Ryan K Hodges' answer
An agent under a power of attorney cannot usually transfer assets to himself. That is typically considered self-dealing and not allowed. On the other hand, you may look into ADOT MVD Form 96-0561, Beneficiary Designation for Vehicle Title Transfer Upon Death, and really you should get a last will and testament in place.

Q: When does a POA expire? At death?

3 Answers | Asked in Contracts and Estate Planning for Arizona on
Answered on Apr 10, 2019
Ryan K Hodges' answer
A POA can have a specified time to expire. If it does not have a stated expiration date, then it ends at death.

Q: How do I revoke my revocable PA trust, which contains bank accounts and properties in PA and CA? I am the only settlor

1 Answer | Asked in Estate Planning for Pennsylvania on
Answered on Apr 10, 2019
Mark Scoblionko's answer
If the trust is revocable, you can do a letter to the trustee revoking the trust. If you are the trustee, it would be a letter to yourself, as trustee. The fact that you were the settlor is irrelevant.

You would then change the bank accounts and have to have deeds prepared for the properties and recorded. There may be transfer taxes on the real estate conveyances.

A lawyer would have to review the trust instrument to determine what happens to all the assets if the trust is...

Q: i inherited a house in brooklyn ny with my 2 siblings they have had apartments in the house for the past 50 years

1 Answer | Asked in Estate Planning for New York on
Answered on Apr 10, 2019
Michael David Siegel's answer
Only from the time you were on title. What you should do depends on what you want to happen to the house.

Q: My husband had a student loan before we met and got married. We are retired seniors. The irs wants me to pay hisdebt.

1 Answer | Asked in Estate Planning and Tax Law for Texas on
Answered on Apr 9, 2019
Bruce Alexander Minnick's answer
You are advised to hire a lawyer to help you inform the IRS of these important circumstances. If you are not a co-borrower or a guarantor on the student loan debt you have no legal obligation to repay your husband's student loan. However, if you and your husband are co-owners of any real property, bank accounts or other assets you should ask you lawyer to help you protect yourself before more trouble appears at your door.

Q: Can you distribute property in an estate without resolving the debt when there's a will

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Apr 9, 2019
Jeffrey Louis Gaffney's answer
Yes you can, but it would be a very bad idea anyway you look at it. The executor would be personally liable for any debts or taxes if he gave away too many assets.

Normally it requires the assent of all the parties involved, so any one person can block it.

A final account and petition for distribution can be filed by the Personal Representative when there are sufficient funds available to pay all debts and taxes, the time for filing creditors' claims has expired, and the...

Q: Siblings inherit property in CA. 1 signs quitclaim to other. Grantee dies (intestate in CA) before grantor. What now?

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Answered on Apr 9, 2019
Terrence H Thorgaard's answer
No, probably not, although it is a matter of California law, not Florida law. Why didn't you ask this in Justia › Ask a Lawyer › California›?

Q: Re:probate case when i file a Declaration can i also include what i want the court to do.Like exclude and release funds?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Apr 8, 2019
Richard Samuel Price's answer
No, a petition and an order to withdraw funds from a blocked account are separate forms. Use Judicial Counsel Forms MC-357 and MC-358 to request withdrawal of funds from a blocked account.

Q: How do I get money out of my deceased mother's bank account

1 Answer | Asked in Estate Planning and Probate for Florida on
Answered on Apr 7, 2019
Phillip William Gunthert's answer
Very sorry for your loss and the passing of your mother, please accept my condolences and sympathy at this difficult time. Generally, if there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply to her estate and any assets that are in her name alone will likely have to go through some version or probate, the type of probate will be determined based upon the type of assets and their total value, if under $75,000 it would be Summary Administration, if above, not...

Q: My mother-in-law passed away in September, 2017. She had a living Trust which we closed out in July, 2018.

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Apr 5, 2019
Anthony Marvin Avery's answer
The Bill is against the Deceased. It is not your responsibility. If the Creditor wishes to Probate the Estate (for their benefit), then that is their choice. You should not have contacted anyone, because now they may try to hold you liable.

Q: How can a family caregiver get the right to occupy a deceased mother's home

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Elder Law for Oklahoma on
Answered on Apr 5, 2019
Kyle Persaud's answer
This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts.

Here is part 1:

First, find the original deed (or document) that originally transferred the home to your deceased relative. You may have to go to the office of the county clerk to find this document.

Then look at the deed. When you look at the deed, ask the following questions:

1. Does the deed...

Q: Can I amend my homestead title deed, under my name, to say that the down payment was made with my separate asset? How?

1 Answer | Asked in Estate Planning and Family Law for Texas on
Answered on Apr 5, 2019
Terry Lynn Garrett's answer
You and your spouse can each have an attorney represent you in a marital property agreement which specifies this.

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