Get free answers to your Estate Planning legal questions from lawyers in your area.
My stepsister was my mothers power of attorney when she was alive. she passed away on May 2nd. I have asked for a will several times, she doesn't respond. My mother didn't adopt her, and my mother has been divorced from her father for over 20 years. no probate has been filed. what do... View More 
answered on Sep 1, 2017
You describe a situation in which you believe "fraud" may have occurred and that possibly a person who acted in a fiduciary capacity may have taken advantage of your mother who was in a diminished capacity. As an heir at law of your mother, you have an interest in her estate and may file... View More
I want to find out if she is sealing her inheritance or questioning the sale of the farm.
answered on Aug 4, 2017
A determination of descent is a proceeding in probate court to determine the heirs of law of a person who has passed away and to enter an order transferring the assets of the estate to those heirs at law in accordance with the laws of intestacy. If there had been a will, it should have been filed... View More
He set up his mother, my sister, as the power of attorney and I'm not sure what it covers other than her medical, yet she manages her finances, as well. There may be future issues regarding the will so I'm concerned that this representation will be biased.
answered on Aug 1, 2017
It is not an 'inherent' conflict of interest for a lawyer to represent a blood relative. But what you ask depends on facts you don't provide -- what will the will say?
For example, I drafted my parents will which provided that as a secondary beneficiary (after them) I... View More
answered on Jun 29, 2017
Legally no. Practically, yes. Do you REALLY want to make such a complicated will? PLEASE seek the advice of a qualified local estate planning attorney.
Wills -- and especially naming a fiduciary -- are complicated! Don't fall into a trap of trying to save a few pennies with a DIY will... View More
There are three siblings listed on the will. There is no contesting between siblings. How can we expedite the process due to an immediate need to transfer the utilities from our deceased father to my own? Utility Co. will not act without a court order.
answered on Jun 22, 2017
There will be a need for some type of probate procedure to transfer the ownership of the real property. The type of procedure that would be appropriate would depend upon several factors, including when your father passed, the urgency, and whether there is a need for an executor to be appointed. You... View More
I have stage 2 Parkinson's and will require long term care in the future. I have a pension, social security income that totals 50,000 dollars, which will go towards partial long term care when needed. I will likely need another 50,000 dollars for long term care. The question I need answered... View More
answered on May 2, 2017
This sounds familiar -- have you asked this question before perhaps on a different legal advice website? The answer is the same. Your situation is FAR too complicated and fact specific to expect a good answer in this sort of forum. You need to consult with a local elder law / estate planning... View More
I have stage 2 Parkinson's. My wife and I have discussed divorce as a means to protect our limited assets from being absorbed by my future long term care needs. Our thinking is divorce now and then hope I don't need any long term care for more than 5 years from now, at which point apply... View More
answered on Apr 27, 2017
There are ways to separate your assets without divorce, and protections for a 'community spouse' that will not force her into penury because of your illness.
You need to speak to a qualified local elder planning attorney to determine what you should do. Divorce is usually NOT a... View More
answered on Nov 30, 2015
Yes, as long as it is filed before the death of the person making the deed it will be effective. See K.S.A. 59-3502
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.
