Estate Planning Legal Questions

We have a Certified Elder Law Attorney who heads our estate area of law. These issues are common. The proper answer requires an analysis of the 'facts and circumstances and alternatives'. There is no cost for a consultation. We get to hear the facts and you get to meet us. We will explain the 'legal procedures'  involved and the practical solutions. Please call asap and we can have the discussion. Ed Dimon, Esq. 732-797-1600 ext 235... Read Answer

Most states will probate a Will created in another state if it was valid under the law of the state where it was created when it was signed.  Durable financial and medical powers of attorney vary.  Contact local probate lawyers.  You may need separate sets of these and related documents for each state.... Read Answer

Years after diagnosis many people have the legal capacity to make a Will:  it only requires a lucid moment. Nonetheless, after the Will is submitted for probate (proving that it is the Will of the person who died) and thus becomes a public document, you may try to find an attorney to represent you in contesting the Will, arguing forgery or lack of capacity or undue influence if you have evidence tending to prove any of these.  From your description, it appears that any of these claims would fail.... Read Answer

The short answer is that a fresh set of eyes may be a good thing.  There are many ways to deal with the on going commission income, but more facts would be needed. Partial on going distributions are the preferred method of addressing the problem.  Lee David Auerbach Auerbach Law Group, P.C.... Read Answer

An amendment to a Will is called a Codicil.  It should be drafted by an attorney and must be signed, witnessed and notarized with the same formality as the Will.  Things you write on the Will will be ignored by the Court.  A Codicil is not a DIY project.  Contact a local estate planning attorney.... Read Answer

I'm sorry for the situation you find yourself in.  An estate planning attorney can easily guide you through the process.  With all that you're dealing with it's certainly understandable to be a little confused.  Depending on what is needed you may have little to no out of pocket costs even from a private attorney. Best of luck to you and your family.   NOTE: Mr. Popp provides answers on this forum as a free public service.  No attorney-client relationship is formed by answering questions here.  As attorney's are generally prohibited from soliticing clients, the individual seeking advice must initiate direct contact with the attorney or firm of their choice for legal advice.... Read Answer

An estate is probated in the county in which the person died.  In most states, a beneficiary is not entitled to even ask for an accounting until over a year after the court appoints an executor.  This gives the executor time to file the final income tax return, assemble the assets and pay at least some of the creditors.  If a sufficient amount of time has passed, your Iowa probate attorney can demand an accounting.... Read Answer

Unless the account way pay on death to someone or you and your father held it joint with right of survivorship, it is part of the estate to the extent that it is your father's money.  You may have been a convenience signer, meaning it is 100% his.  You may have held the account jointly, meaning either that it is 50% his or that the traceable amount he contributed to the account is his.... Read Answer

First, I'm sorry for your loss.  I know it must be hard trying to grieve your loved one and then have to deal with this.   The short answer is that if you are not an owner of a home, or are not on a lease, you have no legal right to occupy the home after the death.  Although you had permission to live there from the owner, he is now passed and that permission has expired.     The long answer is that you did have permission to occupy the premises.  If you refuse to move, the owner of the house must file an eviction action to force you to move.  This would be the only legal way for the owner to force you out.  Yes, the new owner of the house should give you 30 days notice to move.  But the question is, who is the legal owner now?  Has a probate action been filed?  Once a probate action has been filed, the Personal Representative can provide you with that notice and request that you move in 30 days or you may be subject to an eviction action.  The hard part is that you don't know how long it will take for the ownership of the house to be determined.  My suggestion would be to start looking for another place to live now.  If you find one, let the sister know that you will be moved out within 30 days.  An alternative would be to let her know that you plan to find another place and ask her to agree in writing that you will move out within 60 days.  That may buy you more time, however, I feel whichever avenue you decide to take, the end result will be the same, that being you have no legal right to live there and must vacate the premises.  ... Read Answer

The title to the property will govern over a will. The estate will be distributed according to the father's will and his assets only.  The father's wife's will govern only over assets that were in her name.  I need more facts to giva an opinion, so you can contact me at 305-283-4785. Thanks. ... Read Answer