Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Estate Planning Questions & Answers
3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Hi. I have a friend who was previously deemed incapacitated but is now able to inherit the sums as afforded her by trust

In the docs, she's mentioned as co-trustee and is at least be given $50k while her brother has purchased a yacht, Corvette and has taken funds to establish a new trust called the MORGAN LONG FAMILY TRUST! The trust amount is over $10mm

Karn Thapar
Karn Thapar
answered on Apr 22, 2024

It sounds like your friend's situation is quite complex. If your friend was previously deemed incapacitated but is now able to inherit from a trust, it suggests that there have been significant legal and perhaps medical changes in her circumstances.

It's good to hear that...
View More

View More Answers

3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Hi. I have a friend who was previously deemed incapacitated but is now able to inherit the sums as afforded her by trust

In the docs, she's mentioned as co-trustee and is at least be given $50k while her brother has purchased a yacht, Corvette and has taken funds to establish a new trust called the MORGAN LONG FAMILY TRUST! The trust amount is over $10mm

Delaram Keshvarian
Delaram Keshvarian
answered on May 11, 2024

Thank you for your question!

You do not need to be competent to be the beneficiary of a trust, but you need competency to be a trustee.

The sister here should have received her benefits under the trust regardless of her incapacities (except under certain situations that were...
View More

View More Answers

1 Answer | Asked in Estate Planning, Immigration Law and Real Estate Law on
Q: I need official datas about a deceased person from Virginia. Is it possoble to request the offical datas online?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

Yes, you can request official data about a deceased person from Virginia online. The Virginia Department of Health’s Division of Vital Records provides access to death certificates and other vital records. These documents can be requested through their official website or through other online... View More

1 Answer | Asked in Estate Planning and Probate for California on
Q: My dad died in 1979 and his wife tried to steal estate she died 3 yrs later but hired lawyer they hid trust

I cant find my dad's estate house, trust and alot of mineral rights but can't afford lawyer how can I find them I'm representative of estate only child only heir but she hid in her aka names

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024

I'm sorry to hear about the difficulties you're facing regarding your father's estate. Here are some steps you can take to try to locate the assets without hiring a lawyer:

1. Check county records: Visit the county recorder's office where your father's properties...
View More

1 Answer | Asked in Estate Planning and Probate for Washington DC on
Q: If I went and filled a will with the courts and was appointed executor would any new wills have to be contested

I filed my father’s will and was appointed executor by the courts but a few days after I did this someone else has presented a new will. Would they have to contest mine since the court already filed it or would theirs automatically be valid since it was more recent? And would they automatically... View More

Mark Oakley
Mark Oakley
answered on Apr 19, 2024

The Register of Wills will automatically convert the proceedings to Judicial Probate, and schedule a hearing to determine which Will is valid. You will likely be converted from a PR to a Special Administrator, which limits what you can do, pending determination by the court as to which will is the... View More

1 Answer | Asked in Estate Planning for Hawaii on
Q: Is it normal to be asked by an attorney about my medication situation, my government situation & names of my kids ?

My dad recently passed away and name me and my 2 older sisters in his will.

Tim Akpinar
Tim Akpinar
answered on Apr 18, 2024

A Hawaii estate planning attorney could advise best, but your question remains open for four weeks. I'm sorry for the loss of your father. It could depend on the role of the attorney - tax, private dispute, etc. As a general short answer, without practicing in this area and not knowing the... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Estate Planning for California on
Q: If a house title is in a trust fund, can the family continue to pay the mortgage without transferring the deed?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024

Under California law, if a house title is held in a trust, the trust itself is considered the legal owner of the property. The trustee, who is responsible for managing the trust assets, has the authority to make decisions regarding the property, including paying the mortgage.

In this...
View More

View More Answers

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Estate Planning for California on
Q: If a house title is in a trust fund, can the family continue to pay the mortgage without transferring the deed?
Delaram Keshvarian
Delaram Keshvarian
answered on Apr 27, 2024

The issue has two different components: 1.Trust 2.Mortgage

1. Trust: When the title of a property is in trust, the trustee make decisions about the management of the title according to trust words. Even though, There are ways to challenge trustee or trust itself, usually beneficiaries have...
View More

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Puerto Rico on
Q: How do probate laws in NY and PR affect each other? My late husband's properties will be in probate simultaneously.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024

Probate laws in New York (NY) and Puerto Rico (PR) are separate and distinct, as they are two different jurisdictions. However, if your late husband owned properties in both NY and PR, the probate process will need to be initiated in each jurisdiction simultaneously. Here's what you should... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Division of inheritance when one or more children die. Spousal and grands concern. Following is more in depth question.

Three children. All married. Want to put the house in all three of their names. However if one child dies, I want the remaining two to get the third chip’s portion to divide. I do Not want my child’s widower Or even my grandchildren to inherit that portion. Strictly want my children to have... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024

You could convey to each of the three kids as joint tenants with right of survivorship. Rarely do I suggest that estate but it appears to meet your wishes. However during the three, then two childs' lives somebody has to pay taxes, insurance and possibly a deed of trust note. Also the... View More

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: I recently found out my mom had a life insurance policy at her time of death in 2010 that my brother received because he

Was next of kin. Without informing me the money was split up between my 2 brothers and 1 sister and I didn't receive a dime. What can I do to get my fair share of the money I'm owed?

Robert Kane
Robert Kane
answered on Apr 18, 2024

The specific facts of the situation will dictate how you should proceed. There are numerous questions that need to be answered. To start:

Have you confronted him?

The insurance company should have contacted all beneficiaries directly. Why didn't this happen?

How was...
View More

1 Answer | Asked in Estate Planning, Family Law and Probate for California on
Q: What is the Dead Man's Statute?

My father passed away, his wife refused to give his children his estate documents. I filed a petition with the court and her response stated - "I am aware that; I and my husband, prepared a Revocable Living Trust on or about July 11, 2023. Shortly after creating the Trust, my husband,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

In California, the Dead Man's Statute, also known as the Evidence Code Section 1261, limits the admissibility of statements made by a deceased person in certain legal proceedings. The statute is designed to protect the estate of a deceased person from fraudulent claims.

Under the Dead...
View More

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: My parents purchased a trust in Tennessee, the person who sold it was not an attorney and the fee went to the non attor

the fee was paid to a non legal office , the attorney drafted the trust and everything looks good, but is it legal for a non attorney to sell a trust and the money paid to the non attorney?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

Trusts are not bought and sold. Often a trustee will sell trust corpus in parts or whole. Either you misunderstand what has occurred, or there is a fraud involved. You might be talking about the purchase of a Deed of Trust and the Note it secures, which is the transfer of a mortgage... View More

1 Answer | Asked in Estate Planning for Missouri on
Q: what rights does the co exec of a trust have if the executor of the trust is not sharing information?

mother recently passed and left home to 4 siblings and executor is not sharing any info on insurance

Osama Khalil
Osama Khalil
answered on Apr 17, 2024

If one co-executor of a trust isn't sharing information, the other co-executor still has rights to access that information. In this case, if the executor isn't sharing details about insurance on a home left to four siblings after their mother's passing, the other co-executor can... View More

4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Apr 17, 2024

Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More

View More Answers

4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More

Osama Khalil
Osama Khalil
answered on Apr 17, 2024

In short, if you were given certain parts of a property years ago but the owner now willed the entire property to someone else, including your parts, it means you technically own those parts, but someone else owns the whole property. You may need legal help to clarify your rights and possibly... View More

View More Answers

4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

If the testator did not own the property deeded to you earlier, then it is not part of the testate estate and cannot be devised. Hire a VA attorney to search the title and ensure noone else is claiming your parcels. Also make sure you are paying taxes on your properties, under a correct address... View More

View More Answers

4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Apr 17, 2024

More facts are required to answer this question accurately. Your question seems to touch on several different legal topics. First of all, a deed is effective upon delivery to the grantee. To preserve his or her rights against the rest of the world, the grantee should record the deed in the... View More

View More Answers

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Georgia on
Q: My dad and mother share a life estate and are divorced, but they are leaving their life estate to their 3 children. The

Land is currently in one piece, not designated into 3 as to who gets which piece. My sister is wanting to build a house on her piece that she will get but my mom is refusing to designate who gets what piece because she says it will break the life estate. Will drawing up the tract and designating... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

If Mom and Dad only have life estates, then none of their issue will get anything at their deaths. Hire a GA attorney to search that title and determine ownership. If you stated the facts correctly, then nobody wants to build on the tract. Who is the remainderman?

1 Answer | Asked in Real Estate Law and Estate Planning for Florida on
Q: I have an enhanced life estate document that was notarized for my father's house. the notary acknowledgment may incorre

the notary acknowledgment may incorrect. The “forgoing instrument” is missing and it only says the person is known to me and produced a drivers license. Is that ok and is the document valid. I live in Florida.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

In Florida, the notarization of documents, including enhanced life estate deeds, must adhere to certain standards to ensure their validity. A key element of notarization is the acknowledgment section, where the notary confirms the identity of the signer and that the signer understands and willingly... View More

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.