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Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Kentucky on
Q: Is there a simple form to be an executor of a deceased person and I am the next of kin.

He didn't have anything of value or an estate. We had custody of his son long before his death. I only need to file his last taxes and deal with any refunds. He was considered at or near poverty level. I am his mother and I took care of the funeral and burial. I filed his death with social... Read more »

Timothy Denison
Timothy Denison answered on Sep 10, 2021

You should be able to file a Dispense with Administration form if he did not have any estate. That will also enable you to file his final tax returns.

1 Answer | Asked in Estate Planning for Georgia on
Q: If I die before the assets of my deceased Father are distributed will my wife inherent my portion of the estate?

We reside in Georgia.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 10, 2021

If you have a will leaving everything to your wife, she will inherit your inheritance. Otherwise, it is divided between your wife and your children.

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: For the inventory, is a formal appraisal required for motorcycles?

side note: KelleyBlue Book does not provide private party values for motorcycles.

Mark Oakley
Mark Oakley answered on Sep 9, 2021

Use Kelly Blue Book, www.kbb.com, private sale value.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Maryland on
Q: I have received the letters of administration for an estate. The will authorizes me to sell real property.

How long do I have to wait after being appointed as PR to sell real property? Do I need to file anything with the court or notify interested persons of the sale? In addition, decedent also owns a mobile home. Am I required to get a formal appraisal for the mobile home?

Thomas C. Valkenet
Thomas C. Valkenet answered on Sep 9, 2021

There is no waiting time. Once you are appointed as PR your obligations are established by the Statutes and court rules. A PR runs into trouble when they wait too long, allow bad things to happen to the property, let others live in it, don't pay the mortgage, etc. But a PR may sign a contract... Read more »

1 Answer | Asked in Estate Planning and Family Law for New York on
Q: meaning? “I nominate and appoint my children, John A, Jay A, and Cee A, alternate Co- Executor’s of my Will

so all 3 are equal Executor’s since my dad who was appointed Executor has passed?

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 8, 2021

It means that if the primary Executor is unable or unwilling to serve, the children named will serve together in that capacity.

1 Answer | Asked in Estate Planning for Michigan on
Q: My house is only in my late wife’s name. Can I put the house in my name without going through probate?
Don L Rosenberg
Don L Rosenberg answered on Sep 8, 2021

First my condolences on the loss of your wife. Unfortunately not. However, you can file an application for probate with or without a will. You will be appointed personal representative to manage your wife's affairs. if there are no objections or complications the probate should be... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can a married man who has been married to his only wife for 60+ years in his will give 100% to theirchildren an not her?

Doesn't the wife already own 50%? Why does she only get a lifetime right on the house? The wife says she had no knowledge of what the will said before his death.

Taylor Silver
Taylor Silver answered on Sep 7, 2021

Provided there is no question that the two were married, at the very least she is likely entitled something called an "elective share" and there may be other issues that protect her interest to probate (or non probate) property.

Probate issues are often complicated looking, but a...
Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How can I keep my deceased Mother's house from being taken by Medicaid Estate Recovery in Ohio?

My wife, kids, and I live in my Mother's house. She passed away in April 2021 without a will and probate hasn't been started yet. We received a letter from the Ohio Attorney General stating that she owes $74,000 for Medicaid Estate Recovery. I'm assuming they'll put a lien on... Read more »

Aaron Epling
Aaron Epling answered on Sep 7, 2021

This is a very good question. If you are disabled, then you may be able to stay in the house. If not, then another option is to negotiate with Medicaid and they may take a lower amount in exchange for not having to foreclose. Either way, you should probably get an experienced attorney involved who... Read more »

1 Answer | Asked in Estate Planning, Patents (Intellectual Property) and Probate for Massachusetts on
Q: Is this possible and how can I fix this or what do I do?

My father passed away unexpectedly a couple months ago. June 12th to be exact and a month later after his funeral, I filed intestate probate as he had no will. He had debt and expenses, but his parents took care of it. After legally doing all the paperwork for probate it was done within 3 weeks... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 7, 2021

If you are appointed Personal Representative of his estate you can and should obtain information from the Registry of Motor Vehicles about the title and transfer information. If assets or monies were stolen from the estate then you may be advised to pursue the parents depending upon whether the sum... Read more »

3 Answers | Asked in Estate Planning for California on
Q: How do I make sure when my elderly father passes away that my sister doesn't take all of his assets and keep them
Carol A Fauerbach
Carol A Fauerbach answered on Sep 6, 2021

As long as your father is not incapacitated, an attorney can assist him in preparing a Will or Revocable Living Trust to allow him to designated how his property would be distributed if he were to pass away. Advance Health Care Directive and Durable Power of Attorney documents are also important... Read more »

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1 Answer | Asked in Estate Planning on
Q: My irrevocable trust trustee has moved out of state. Wish to change to another person. What document is needed?
Nina Whitehurst
Nina Whitehurst answered on Sep 6, 2021

Your question cannot be answered without reviewing the trust instrument to see what the mechanism is for changing the trustee.

1 Answer | Asked in Estate Planning, Tax Law and Probate for Puerto Rico on
Q: mom died in PR now my brother is ordering me to give him my inheritance portion prior to distribution w/o documentation

I am being ordered to fly from California to NY to sign documents and turn over my portion of the inheritance to him/them. I have asked for documentation repeatedly and he refuses to give me anything not even verbal information about the matter and now he is threatening to abandoned my father, not... Read more »

Rafael Pagan
Rafael Pagan answered on Sep 6, 2021

First off, blackmailing you into resigning your inheritance is illegal. If your siblings have denied you access to documentation pertaining to your mother's estate (assuming that she died in Puerto Rico), you have the right to request said documents through the Puerto Rico Courts, by way if an... Read more »

3 Answers | Asked in Estate Planning and Probate for New York on
Q: My dad passed on August 20 2021 and my mom passed on June 27 2021, i live in my dads house and have since 1995 this has

been my permanent residence and i have two children who reside here and are registered to school here and have been since birth. the house was bought between my mom and dad, i have step siblings who have a diff mom, is there anyway they can take over this house through probate? my dad didn’t have... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 5, 2021

It depends what the deed says. If it was your dad's house alone, then your step siblings with the same father share equally to you, and they can ask that the house be sold. You should become administrator of his estate to gain control of the process.

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1 Answer | Asked in Estate Planning for Tennessee on
Q: When filing for probate of an estate shouldn't the estate attorney file the Memorandum of Tangible Personal Property

Father had added a Memorandum of Tangible Personal Property to his will 11 years after he did his revocable trust agreement. The memorandum meets all the requirements: hand written, dated, and clearly understood. It is also mentioned in his original trust.

This was shown to the estate... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 5, 2021

There are some things that can be passed by memorandum and some that can't. Also, the items need to be in the trust in order to pass by memorandum referred to in the trust. You might think about taking all of the documentation that you have to another attorney for a second opinion.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: Does property left to "heirs of the heir" NEED to be held jointly?

"Heir" is deceased. Family decided widow is not a legal heir, so descended to children. Family insists property MUST be held jointly, giving control to one child, avoiding any input from other heir.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 4, 2021

First of all, the exact language in the will controls. Usually, just one sentence from the will is not sufficient to interpret the will. That said, the spouse is an heir, and is the primary heir. Assuming multiple children exist as heirs, they all stand on equal footing and the property should be... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: Can I have a life insurance policy for my mom who lives in a nursing home to help pay for funeral expenses?

She lives in a nursing home has Medicare and Medicade but no other assets. I would have a difficult time covering her final expenses I want to purchase life insurance to help cover her final expenses. I have heard about filial responsibility laws and am concerned about this.

Nina Whitehurst
Nina Whitehurst answered on Sep 4, 2021

Yes, there is such a thing. However, you I’ll most likely find that the premium is about equal to the death benefit at your mom’s stage in life.

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3 Answers | Asked in Estate Planning for New Jersey on
Q: Can a plaintiff lawyer enter the premises without my knowledge as I am the executor of an estate.

I am the executor of my grandmother estate. My uncle hired a lawyer because he wants ownership of her home. His lawyer drew up documents towards me for court at which I also put in a court order as well. The question is, who gave that attorney permission to enter in the premises without my... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 3, 2021

In order to enter any premises, a person must either obtain permission from the occupant or a warrant isuued by a court.

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1 Answer | Asked in Estate Planning for Kansas on
Q: What if my sibling left a Will and died will my assets follow the will or go to her daughter who my sibling left nothing
Doug Coe
Doug Coe answered on Sep 3, 2021

In Kansas, a Will, by itself, won't transfer any assets until it has been probated. This is a court process usually supervised by a Judge. I would highly recommend speaking with a lawyer about this situation. Your lawyer can help review the Will and present it to the probate court. There... Read more »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Both of my parent's recently died within 13 months of each other. They did not leave a Will.

Prior to their deaths, my youngest sister (among 5) took over handling all of their finances, at the request of my Mother, and became their power of attorney ("POA"), which I'm not sure was ever made official.

Following my Mother's most recent death, my sister ~ the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 3, 2021

It sounds like a probate was opened by your sister. Probate is a kind of court case and the records are public. You can go to the courthouse nearest where your mother died and ask to look at the file. You will probably find answers in the file. If you do not understand what you are seeing, you... Read more »

1 Answer | Asked in Estate Planning for Missouri on
Q: Does a 79-year old woman with no assets and only her monthly social security payment need a will or living trust?

My mother-in-law is a widow with four adult children. She lives with my brother-in-law, but my wife and I manage her finances.

Nina Whitehurst
Nina Whitehurst answered on Sep 2, 2021

An individual who knows for a fact that he or she will die owning absolutely nothing does not need a will or a living trust. HOWEVER, elderly people have been known to inherit from others well into their 70s, 80s and 90s and then, suddenly, there are assets. It is sad when they did not have a... Read more »

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