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

answered on Feb 16, 2017
An the name implies, a revocable trust can be "revoked"- you ( or a lawyer with experience in them) will need to review the trust document and comply with the procedures set forth in the trust. Additionally, if assets ( land or money) have been conveyed to the trust or the trustees, those... View More
The deed reads "in fee simple" even though the will states each of us has half interest in the whole farm. We think the lawyer who wrote it made a mistake in not setting up joint ownership. How do we go about correcting the deed?

answered on Feb 13, 2017
The question is who are the Grantees in the Deed. If it is to the two of you, it should say something like "as joint tenants with right of survivorship" or "as co-tenants" or language to that effect. If it doesn't specify how you share the property, state law probably... View More
My grandmother's will named my father and his brother as beneficiaries. However, the will has not completed probate. It has been 20+ years. Probate court is set for March, in the mean time my father's brother died, (he left no will) His daughter now claims that she owns her father's... View More

answered on Jan 25, 2017
This situation is FAR too complicated to provide you any good advice in this sort of forum. You NEED to seek out local legal counsel to insure you know what is going on and whether or not you have any sort of interest in the property! It is hard to believe the Court would allow this matter to... View More
The property was in both my parents' names. She died in 2015 and he died this year. My brother and I are the heirs in his will. We have the deed, both their death certificates, and the will. We did not probate her will since she left everything to him.

answered on Jan 17, 2017
the answer depends somewhat on your plans for the property. if you plan to sell or borrow money using the land as collateral any time soon, you will need to probate the will since either of those options will involve some for m of 'title search" being done , and that search will raise... View More
Original property owner dies some 40 years ago, and wife's name was not physically printed on the deed. Wife dies within the last two years. When settling the wife's estate, property was not to be found a part of her estate, but remains in father's estate. Now, it is assumed that... View More

answered on Jan 17, 2017
Perhaps a search of birth and death records? Maybe a neighbor or some distant kin? However, if there is truly no one who is willing to sign, there is a kind of lawsuit to "quiet title." This is obviously more expensive, but getting a court order confirming the ownership is the only other... View More
The trust was established before her husbands death, but she is expected to have UBS change the beneficiaries to cut out the husband's children so all monies would go to her children. How could it be stopped? Is that legal?

answered on Jan 5, 2017
Generally, only the original "TRUSTOR" can change the terms and obviously they can't make any changes after they die. Your question is unclear- who is "UBS"? If this has been attempted, a lawsuit needs to be filed asap seeking to enjoin any further action and to set... View More

answered on Jan 3, 2017
Sorry, but you haven't provided enough information to understand your situation. Please explain what you mean by "wholesaling." Generally, a seller can sell to whoever they want. Buyer and seller are free to agree on all kinds of terms.

answered on Dec 14, 2016
yes, but to be precise- there's not enough information in your question to provide a proper answer. There are always pros and cons to every decision. You don't mention the value of the property ( there might be gift taxes).
You don't explain why you think this is a good idea... View More

answered on Nov 22, 2016
A trust is generally a written document ( although sometimes it is part of or contained in another document, like a will). The author of the trust ( not the lawyer preparing it, but the person creating the trust ) is called the trustor. The person handling the money or assets is called the... View More
My mom is 58 and i live with her, I am 16

answered on Nov 20, 2016
If you are under 18, the law says you lack the required maturity to act for someone else. You may be very mature for your age, but unfortunately, the law applies to everyone, and it does not allow for "special exceptions". You should find another adult to act for your mother.
Supposedly there was a verbal agreement that she did not require it therefore he never paid it. Can she do that after not holding him in contempt of the divorce decree for 12 years?

answered on Nov 13, 2016
This is going to require a lawyer- You can't handle this yourself. There are lots of complex legal issues here- the statute of limitations ( time deadlines) the type of alimony originally awarded ( divorce law) Evidence issues ( about the oral agreement and the "dead's man... View More
The will states that only family members can buy or be given the land as part of the father's will. Can this will stipulation be changed and if so, how?

answered on Oct 26, 2016
A will, once a person has died, CANNOT be changed- think about it, once you're dead, there's no doing anything. However, the wording you described sounds confusing, and this sometimes happens; the deceased is not clear about what he/she wanted done. In those cases, the judge sometimes has... View More
I know this lady who had unlimited power of atty. Over her aunt in Tenn., and about a year before the aunt died she quick deeded the aunts house and land over to her son.

answered on Oct 22, 2016
Power of attorney, no matter how broad, does not give one the right to commit fraud. The power of attorney grants a fiduciary duty to the holder. Consult counsel if you think something is awry.
My father passed away approx. 25 years ago. Leaving behind both his two children, both his parents and two siblings. His father passed away about ten years and his mother passed away a little over a year ago. My father's siblings took it upon themselves to take my fathers's mother and... View More

answered on Oct 10, 2016
The statute of limitations on a will contest is 2 years, but creditors of an estate have only 1 year to file claims against an estate. You do not say whether there has been an administration of your grandmother's estate, but if you are going to contest anything, you will be bound by the... View More
Can you call witnesses in probate court?

answered on Sep 16, 2016
Your question is unclear- by "policy" I assume you mean a life insurance policy. If he did not name a specific individual as the beneficiary of this policy, then most likely the death benefits would be paid to his estate. You've said he had no will and was not married, so under... View More

answered on Jul 14, 2016
Some banks, most likely the smaller one, might be alert enough to notice a customer's passing due an obituary in the local newspaper, but it seems much more likely to me that the only notice your family would get would be a bill for the monthly or annual rent for the box. If an estate is... View More

answered on Jun 14, 2016
The general rule is that any "fiduciary" ( a person in a position of trust, one who handles someone's money) should be bonded; in other words, there should be some insurance obtained to protect the owners in the event the fiduciary turns out to be dishonest and steals some of the... View More
After my sister died (in Tennessee), her company set up a trust for her two sons. My nephews are now both over the age of 21 and apparently the trustee (or executor -- not completely sure how it was worded in the trust) has Alzheimer's and my nephews have been instructed to write a petition... View More

answered on Jun 3, 2016
I suspect you won't find a form for this- its unusual and fact specific. Look for "termination of trust." A trust is a written document, so you ought to get a copy of it and read it carefully- it may contain specific terms which describe under what circumstances it can be terminated.... View More
I am not the executor of the will. My sister is and I have asked for a copy from her but have refused to give me a copy. The attorney whom done dad's estate refuses to give me a copy and said, I have to supenna a copy from him. Why should I have to go through all that when I am a heir in the will.

answered on May 9, 2016
It sounds like you may not be a beneficiary under the will. If you were then you would have been contacted by the attorney or your sister to let you know that you are a beneficiary and what share you would receive. If he said that you need to a subpoena the will in order to see it, then you should... View More
They would sign a disclaimer showing that I was not a lawyer nor was I offering legal advice etc. I would print off the living wills that were for Tennessee. They would also have to take them to get them notarized.

answered on Feb 16, 2016
You might run afoul of rules or laws against the unauthorized practice of law.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is... 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.