Estate Planning Legal Questions

Drafting a will does not affect current title to the property while she is living. If she has title to the property in her own name, she can keep it that way and then prepare a will to make sure he takes title when she passes if that is what she wants to happen. You should contact an attorey to check that the deed is worded correctly and that the will is properly drafted and signed to accomplish what she wants. ... Read Answer

It appears that this is a Medicaid Asset Protection Question / Medicaid Estate Recovery question. The answer to this is complex. A trust can protect assets. Transfers of property in certain situations can be exempt for the purpose of determining Medicaid eligibility.  You need to discuss your specifics with a GA elder law attorney.... Read Answer

Your brother can add you on the deed either as tenants in common or tenants in common with rights of survivorship. However, if he adds you on the deed now, the property appraiser will increase the property taxes because there will be a new change of ownership because you were added to the deed. Property taxes will be re-assessed. What is your brother's objective to putting you on the deed? If it is to avoid probate, then he can do a lady bird deed and name you as a remainder interest. Ownership of the house will pass to you only if your brother predeceases you. ... Read Answer

It depends on the circumstances.   More information is needed.   It depends on what is leading up to the need for a conservitorship.   It is in your best intrest to consult with an attorney so the facts can be fully discussed and so that you can get a handle on what your legal rights are.   Best Regards, Attorney Lasko tel 203 329-6602 www.laskolaw.net... Read Answer

If your mother did not die within "120 hours" of your father, then it would still go to her as the primary beneficiary. When she passed away, that is just another one of her assets (the inherited-401(k)) that would need to be divided to HER "heirs" or "divisees." ("heirs" for people dying intestate/without a will, "divisees" if she had a will or trust in place). ... Read Answer

Inheritance rights in Louisiana do not depend on the formal opening of a succession.  That does not mean, however, that an heir (or the children of a deceased heir) can automatically take possession and control of the estate of a decedent without consequences. Depending on the gross value of the property of the estate and/or the date of death of the decedent (see Small Successions, L.C.C.P art. 3421 et seq.), it may be possible (but not necessarily advisable) to put the heirs in possession without judicially opening the succession. Although the costs upfront of the small succession procedure are lower, there is no court-issued Judgment of Possession that protects the heirs in the long run.  If the estate is of even moderate value, the benefits of opening a succession judicially generally outweigh the added expense.    ... Read Answer

Hello Cheryl, If both people on the title were not married, then the motorcycle almost certainly does not go solely to the surviving person. For example, if the girlfirend passed away, her half-ownership of the motorcycle would be inherited by her beneficiaries/heirs. Her beneficiaries/heirs would be determined by whether or not she had a Will. So if the girlfriend passed and her Will says that all of her property goes to her mom, then her mom would now co-own the motorcycle with the boyfriend and the two of them would have to sort out how to handle it. The mom could buy the motorcycle from the boyfriend (half of market value would be a fair place to start) or the boyfriend could buy out the mom. The notable exception is if the title of the motorcycle had a right of survivorship. If the title had right of survivorship, which would be indicated by the words "Survivorship Rights" on the title, then all the boyfriend would have to do is fill out a new Application for Title with the girlfriend's death certificate to get a title solely in his name. More information on a title with rights of survivorship can be found here: https://www.txdmv.gov/sites/default/files/form_files/VTR-122.pdf. Best,James M. Ringel... Read Answer

You will need to sit with an estate and planning lawyer to do this right. The easiest thing to do with your real estate and other property/accounts is put them in both your names now, then when you pass, everything is already done for you. Still, it is always best to plan with legal counsel, the few hundred dollars to do it, might save tens of thousands in probate later. the bigger the estate the more sense it makes to get legal help... Read Answer

Do not do your own Will especially with out of state laws on a mass produced package by a non-lawyer.  I have seen first hand how a "fill in the blanks" will or package like you described can backfire in the worst way.  Please hire a professional attorney that focuses on estate and probate law .  This is much more complex than you are aware.  Please feel free to call with any questions 203.870.6700... Read Answer

While attorneys compatent to answer real property questions can give legally-definitive answers, when it comes to chain of title questions for real property, most attorneys will defer to title companies. The reason for this is simple - title companies are the ones that get to decide whether they will issue private insurance to defend title disputes. Over time, they have bcome the defacto authority on what is the best method of keeping the chain of title clean. You would be best served to check with a title company and see if they would issue title insurance on your property given the facts of your situation.... Read Answer

Assuming it was drafted even half-decently, your trust should state in it what you need to do to amend it. And yes, legally speaking, as long as you follow the requirements you can amend your trust yourself. But doing so is likely a very, very, very, very, very, very bad idea. Please do your desired beneficiaries a huge favor, find a good, experienced, estate planning attorney, and have the attorney help you make any changes that are needed or desired. It is so easy to overlook or mess up important details if you don't know what you're doing. Best wishes to you.... Read Answer

Unfortunately there is no sister in law category for you to sponsor her under. Your sister in law can always obtain a visitor visa to visit the United States. If she has a sister or brother that has US citizenship, she can be sponsored by either of them, but that takes about 12 to 13 years before her priority date is current.           ... Read Answer

Hello.  I am sorry this has happened to you.  Unfortunately, it happens quite often to people.  I will gladly help you retrieve your property from your sister and sue for fraud/punitive damages if you like.  Might be able to go after the notary public as well and they usually have bonds to pay for the litigation.  I have no problem working on a contingency basis.  Let me know.  ... Read Answer