Estate Planning Legal Questions

If your original trust was prepared in accordance with Michigan law there is the possibility that differences between MI and FL trust laws could cause a FL attorney to decline to amend or administer a MI trust although there is a general legal principle called comity which requires the 59 states to honor contracts written in other states.  The FL attorney is lkely being cautious in declining to work on an out-of-state trust.  I have had occasion to amend trusts and wills originaly adopted in states in which i am not licensed because in many cases there is the risk that provisions of those other states' laws may not be the same as the lasws of the states in which I am licensed and are thus more familiar with.  I cannot risk giving a client a false sense of security by letting them assume my review or revisions comport with what the professional in the original state did.  Bottom line:  if you are now Florida residents draft new trusts or your intended results may not be realized after you're gone.... Read Answer

An outright gift of 1/5 of the home to each son could trigger the federal gift tax.  There are better ways to protect your home from the potential loss of the home to pay for your care later in life.  Not only is the gift tax a consideration but the potential for not only giving your sons a share of the real estate but also a proportionate share of any debt or liens on the property.  You mention what happens if one divorces - you should also consider what happens if one incurs a liability in an accident or something.  There are a number of considerations before you go and give away a share of your home.  All of these questions and more can be addressed in a thorough discussion of your entire estate plan which if you have not done you should schedule soon.  If you're in your 70s with no plan you risk chaos once you pass away.... Read Answer

Because the deed lists the owners as tenants in common rather than joint tenants with right of survivorship, your mother’s 50% interest does not automatically transfer to the surviving co‑owner. At her death, her share must go through Florida probate, and title will pass to the beneficiary named in her will—or, if she had no will, to her heirs under Florida’s intestate succession laws. To move forward with any sale of the property, you’ll need a Florida probate attorney to handle the administration and transfer of her 50% interest. ... Read Answer

It’s unclear what you mean by “file a claim for a beneficiary.” Are you referring to a situation where the beneficiary has already submitted a claim and the insurance carrier is denying it? If the claim appears to be legitimate, the beneficiary should consider contacting an attorney who handles life insurance disputes on a contingency basis—meaning they pay nothing unless the case is won. Attorneys on this platform cannot solicit cases from people that ask questions. However, you can research our backgrounds and reach out to one of us.     ... Read Answer

Any interested party—including a family member or a boyfriend—may serve as the personal representative of a decedent’s estate. If appointed, he may recover reasonable compensation for his time and duties performed in that role. This includes administrative tasks and expenses directly tied to managing the estate.However, unless the boyfriend qualifies as a statutory survivor under Florida’s Wrongful Death Act, he is not entitled to a share of the wrongful death recovery itself. His compensation is limited to administrative fees and personal representative expenses—unless he also has a valid contractual claim against the estate.To find out what’s happening with the case, look up the case number in the county where it was filed. Identify the attorney of record and speak with them directly.If you’re not represented, consult a qualified attorney for specific legal advice.... Read Answer

Good Morning, Ms. Crawford: Can a parent disinherit a disabled adult child in Arizona? In short, yes. People are generally free to leave their material wealth to whomever they want when they pass, or, conversely, to disinherit whomever they want. Absent some other agreement, court order, or contract to provide continued support the father is free to disinherit his son. However, disinheriting a biological child generally means that the decedent needed to have an estate plan (will or trust-based) wherein the decedent specifically names the child to be disinherited and that said child is being disinherited. Otherwise, your son can petition the court for his share of his father's estate, if there is anything to distribute. Do you know if the father had an estate plan?... Read Answer

What you have on your hands is commonly termed by estate planners like me asa "blended" family with children from a prior marriage as well as possibly children from a current one.  It will takesome creative but common structuring to ensure everyone is provided for and that the current spouse/executor/trustee has an interest in ensuring that your children from the prior marriage are not disregarded.  The use of various trust structures may likely be beneficial for you to look into.  I recommend using the Find a Lawyer sextion of this website or contact your local county bar association for a referral to an estate planning attorney.... Read Answer

Short answer, no, the laws are not the same.  The transaction you describe is a combination of estate administration (specifically, the transfer of the home from what I presume is joint names to your name alone) with a secondary objective of leaving that property to your niece upon your death.  The structure of the deed would need to comply with the laws regarding joint ownership of property where the property is located or your objective could conceivably fail after you're gone.  That being said, there are multiple ways to achieve what you are trying to do.  A Maryland attorney could certainly draft a deed but if your husband's estate has not been administered you may need a PA attorney to represent you in that aspect.  A MD attorney can do certain things in PA but appearing in court for estate administration without a PA license would be a no-no.... Read Answer

It is highly recommended that you have an attorney prepare a living will and discuss all estate planning with you.  Our office can provide you with complete estate planning and solid advice for a reasonable flat fee that will be worth every penny.  Please feel free to contact me if you have any questions.... Read Answer

It is always advisable to have a lawyer review your estate planning and advise you accordingly, including with respect to any modifications.  Wills can be invalidated or contested if they are not prepared properly.  It is better to pay an attorney to do it right the first time.  ... Read Answer

It sounds like the administrator of the estate id trying to account for expenses of the deceased which may have been paid out of his or her account after he or she died for bills which existed at the time of his or her death.  This would be necessary for purposes of any estate or inheritance tax returns.  Debts of a deceased person are typically allowed as deductions from the taxable value of any property he or she had at the time of death.  As for your individual accounts information that sounds like overreaching but the joint account is probably proper.  For the joint account if you do not turn over the information the Executor may need to use a subpoena to order you or the bank to turn over the statements.  I advise you to do what you can to cooperate - it helps resolve loose ends for your now-deceased partner.... Read Answer

Our firm is highly experienced in estate litigation disputes.  That is one of our main practice areas.  Beneficiaries, nominated executors, administrators, individual and corporate fiduciaries, trustees and other third-party professionals rely on our attorneys to create compelling solutions to the most complex estate-related conflicts. Our services include will probate, will contests, estate and trust accounting, discovery proceedings, turnover proceedings, defending fiduciaries, protecting beneficiaries, and so on. Below is a link. https://www.vmmlegal.com/areas-of-practice/wills-trusts-and-estates/trust-and-estate-litigation/ Please give me a call if you'd like to discuss your case.... Read Answer

Hello Mr. Mitchell, this scenario is actually quite common.  My firm has handled many of these matters and taken quite a few to trial when necessary.  The law for elder abuse is slanted against your sister and that is a good start for you.  Please reach out to me with additional information and we can discuss details.   Sincerely, Jeff Czech, Esq.... Read Answer

Please accept my condolences on the loss of your father and the imminent passing of your stepmother. As for your question, your father's Will may still provide for the property that your stepmother was to receive to pass to her even if she passes away before the Will is probated, but you have to read the actual Will to determine exactly what should happen. In many cases, a Will contains a requirement that a beneficiary survive the person who wrote the Will by a minimum period of time in order to become entitled to receive the benefits that the Will provides for that beneficiary. For example, our standard Will form generally requires that a person's spouse survive them by at least 60 days in order to receive benefits under the Will. This is designed in part to avoid a situation where assets pass from one person's estate to a deceased beneficiary's estate. If your father's Will contains that kind of provision, and if your stepmother actually ends up passing away before she meets the minimum survival period, then the property would normally be distributed under your father's Will as if your stepmother died before your father. However, if your father's Will provides for a minimum survival period and your stepmother has already lived at least that long, then the bequest provided by your father's Will for her will likely end up distributed as provided by the Will. This may mean that property is distributed to her estate, if it was to be an outright distribution. However, if your father's Will provided for property to pass to a trust for your stepmother, rather than outright, then the trust will likely end up distributed in whatever manner it was to be distributed at your stepmother's death. To summarize, what your father's Will says happens is what will happen. Find an attorney who deals with probate matters in the state where your father lived when he died, and have that attorney review the Will and help you with the probate. If your stepmother is capable of signing a consent to probate, you may also want to have her do that before she passes away, as otherwise you may not be able to probate your father's Will without the consent of the Executor or Administrator of your stepmother's estate. Best wishes to you.... Read Answer

A deed is much more difficult to contest than a gift in a Will or a Trust.   It also depends how title is held to the real property - if someone is named as a co-tenant (co-owner) then there is not a right of survivorship.  If someone is named as a joint tenant (also a co-owner), there is a right of survivorship.  Or if someone has been named as the sole owner on a deed - then title is clearly in that person's name.  There is not enough information about how title is held to be able to give better feedback.  ... Read Answer

Medicaid cannot take your life insurance policy while you are still alive. However, if your estate is the beneficiary of your life insurance policy and you receive long-term care Medicaid benefits, then Medicaid may take your death benefit proceeds to recover those costs. Thankfully, you can work around that by naming someone other than your estate as the beneficiary of your life insurance policy. What this means to you is as long as your mom named a different beneficiary for her policy and that beneficiary does not disclaim the gift, then the policy should never enter into mom's estate. And that means that Medicaid cannot use it to recover costs.  That being said, you need to be proactive about this issue and contact the Medicaid recovery representative assigned to moms case file and make full disclosure of this life insurance policy. ... Read Answer

Did your boyfriend and his brother own the home as joint tenants with rights of survivorship or did they own the home as tenants in common? If joint tenants then the brother likely owns the home outright. If tenants in common,  and boyfriend died without a will, then the children may have a claim on half of the home that their dad owned. Consult with a real estate attorney to review the deed for more specific advice. ... Read Answer