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455 legal questions have been posted about estate planning by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Estate Planning Questions & Legal Answers - Page 13
Do you have any Estate Planning questions page 13 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 455 previously answered Estate Planning questions.
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Recent Legal Answers

Lawyer or financial advisor or friend

Answered 5 years and 4 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Your situation is more complicated than simply suggesting to you who would make the best person to watch over your grandchildren inheritance.  There are several ways to skin the cat in your fact pattern. Some type of trust is most likely the right answer. You should speak with an attorney specializing in estate planning. Otherwise,  the best laid plans of mice and men . . .... Read More
Your situation is more complicated than simply suggesting to you who would make the best person to watch over your grandchildren inheritance. ... Read More

My wife’s father passed away and someone is driving the car with out permission (in Georgia) the car has gone missing on a few occasions

Answered 5 years and 4 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
Your father in laws heirs need to open an estate.  Once the estate is opened, they can sell or retitle the car. If you can find the title, his wife can take the title to the tag office, and have the car retitled. Once title is in hand, the owner can legallt stop whoever is taking the car.... Read More
Your father in laws heirs need to open an estate.  Once the estate is opened, they can sell or retitle the car. If you can find the title, his... Read More

Gift tax

Answered 5 years and 4 months ago by David Alan Schechet (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
More detail is needed, by most likely there will be no gift tax.
More detail is needed, by most likely there will be no gift tax.

i would like to deep property to my son in Alaska

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You need an Alaska real estate attorney.
You need an Alaska real estate attorney.

SSI and inheritances. Does she need a special trust fund?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
The funds should be left not to your mother but to an account established for her benefit with a master pooled special needs trust.  This can be done by Will.  If your mother is over 65, it must be done by Will.
The funds should be left not to your mother but to an account established for her benefit with a master pooled special needs trust.  This can be... Read More

what is the process for our elderly grandmother to create an official new will?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Please contact a local estate planning attorney.  Many are able to conduct remote signings during covid.  While only your grandmother can revoke her Will, it is possible that her son could persuade her to sign yet another Will as long as she has legal capacity to do so.
Please contact a local estate planning attorney.  Many are able to conduct remote signings during covid.  While only your grandmother can... Read More

We want to buy a relative out of a cabin and she refuses to be bought out, any recourse?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Check with a local probate lawyers.  Some states now have an heir's right of partition which protects from the situation you describe.  This still involves a lawsuit in the probate court.
Check with a local probate lawyers.  Some states now have an heir's right of partition which protects from the situation you describe. ... Read More

Can i block an Affidavit?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If you are not married, you get nothing.  You may think that you are "common law" married but that is very difficult to prove. 
If you are not married, you get nothing.  You may think that you are "common law" married but that is very difficult to prove. 

I am a beneficiary of the estate of my Uncle. The executor has not provided details of the sale of properties.

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Why would you lie?  Do you think that someone who is asking you to lie will then give you money?  It is common for an executor to request a signed receipt and release.  Please note the word "receipt."  Please also note that it is not common to provide the "full disclosure" you desire.           ... Read More
Why would you lie?  Do you think that someone who is asking you to lie will then give you money?  It is common for an executor to request a... Read More

I am the executor of my sisters will, do I need a lawyer to liquidate assets

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Yes, you do need a lawyer.  Once you get involved in the probate process, you will be glad that you hired one.  The cost depends in part on the court filing fees so you will have to talk with local probate lawyers to find out what the total might be.
Yes, you do need a lawyer.  Once you get involved in the probate process, you will be glad that you hired one.  The cost depends in part on... Read More

What happens when a loved dies and by will they leave you everything ?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You must first submit the Will or probate (proving) or, if there is no Will, hire a local probate lawyer to apply to the court to determine heirship and issue letters of administration.  These need not be issued to your mother but she must sign a document agreeing to the administrator.  The administrator will then have authority over all your grandfather's property.  He can write to the companies which issued the checks asking them to reissue them in the name of the estate.  They will go into the estate's bank account.  After paying the debts, the administrator can transfer the home and the money remaining to your grandfather's heirs.... Read More
You must first submit the Will or probate (proving) or, if there is no Will, hire a local probate lawyer to apply to the court to determine heirship... Read More

Mail Fraud? Inheritance scheme?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If her husband willed your grandmother the home, it is hers to do with as she likes.  If she does not have a Will, it will pass to her heirs, not to her late husband's heirs. As for the mail, she can simply mark, "returned, unable to forward" and drop it in a mailbox.  She might also tell the local post office that no one by that name has ever lived at that address.... Read More
If her husband willed your grandmother the home, it is hers to do with as she likes.  If she does not have a Will, it will pass to her heirs,... Read More

can a new executrix be instated even though the previous executrix cannot be located?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Please be guided by that attorney's advice.  The court may well accept an affidavit that the current executor has gone missing.
Please be guided by that attorney's advice.  The court may well accept an affidavit that the current executor has gone missing.

What can I do as an Heir not named in my father will?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Like anyone else, you have a right to see the Will in the court records once it is filed for probate.  But there is no forced inheritance by children in the United States.  Your father had a legal right to not include you in his Will.  You get nothing.  The only exception, in some states, is for a child born after the Will was written when the Will refers to all the deceased's children in addition to naming those who had been born.... Read More
Like anyone else, you have a right to see the Will in the court records once it is filed for probate.  But there is no forced inheritance by... Read More

Is this free service

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
General education is provided for free.  For actual legal services, you must contact an attorney.
General education is provided for free.  For actual legal services, you must contact an attorney.

My sister lives with my mother. When my ma passes, is my sister allowed to stay there? Or worse yet, have ownership of the house?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
As executor your duty will be to gather the assets, pay the bills and distribute what is left according to the Will.  If your mother wants your sister to have the house, she should gift it to her in a Will or in a deed which transfers title on death.  If not, you may be obliged to bring an action in small claims/justice of the peace court to evict your sister. ... Read More
As executor your duty will be to gather the assets, pay the bills and distribute what is left according to the Will.  If your mother wants your... Read More

What happens to a mortgage when it's not paid for upon a death

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Under federal law, the mortgage lender cannot foreclose for six months after the court appoints an executor or administrator as a personal representative of the estate.  This gives that person time to sell the home. 
Under federal law, the mortgage lender cannot foreclose for six months after the court appoints an executor or administrator as a personal... Read More

I have a Immigrat friend that wants to put his home and land in his 16 year old daughters name. What do he need to do?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
A minor cannot hold real property.  He can put it into a trust for her benefit but the trustee must be an adult, a professional trustee, a trust company or a bank with trust powers.
A minor cannot hold real property.  He can put it into a trust for her benefit but the trustee must be an adult, a professional trustee, a trust... Read More

How do I know if I have an existing will?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You could make a new Will.  A new Will revokes any pre-existing Will. But unless the divorce decree gives an ex-spouse a right to part of your estate, she has none.  
You could make a new Will.  A new Will revokes any pre-existing Will. But unless the divorce decree gives an ex-spouse a right to part of your... Read More

Will do I need a Florida attorney to prepare an irrevocable trust? My residence is in Florida.

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If you could benefit from the irrevocable trust under any circumstances, the assets in the trust will be counted in determining Medicaid eligibility regardless of when the trust is established.  You may wish to discuss Medicaid planning with an elder law attorney near you.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More
If you could benefit from the irrevocable trust under any circumstances, the assets in the trust will be counted in determining Medicaid eligibility... Read More

I am a at will tenant - family member who's also beneficiary of a trust in mi the trustee has evicted me during covid -is this legal w/ cares sct

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
An at-will tenant, like a guest, can be asked to leave at any time.  The CARES Act applies to tenants who have leases and who have attempted to make at least partial payments under those leases and only to property with federally-backed mortgages.
An at-will tenant, like a guest, can be asked to leave at any time.  The CARES Act applies to tenants who have leases and who have attempted to... Read More

Can sisters force a sell of a home after death of mom

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If your mother-in-law is still alive, she may be able to grant you a deed transferring the property on her death subject to the reverse mortgage.  If not, there may be a way for you to be reimbursed for the many payments you have made.  Contact an elder lawyer.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
If your mother-in-law is still alive, she may be able to grant you a deed transferring the property on her death subject to the reverse... Read More

Is a will legal if just notarized or does it have to be completed by a lawyer? Have a stepchild who is 30 that I don’t want to get anything?

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You can pass the life insurance outside your Will by designated a beneficiary on the policy. A Will must not only be notarized but also witnessed and signed with certain required language and formalities.  Not only is this more likely to be done properly by a lawyer but a lawyer can advise you how to successfully exclude someone from inheriting and about other provisions you would be wise to have in your Will to protect your spouse and minor children.... Read More
You can pass the life insurance outside your Will by designated a beneficiary on the policy. A Will must not only be notarized but also witnessed... Read More

Father passed away 02/04/ 2020 found out after closing father account that his girlfriend withdrew from his account for almost $14,000 after he died

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
The bank is required to file a Suspicious Activity Report and is at fault for disbursing funds to someone not entitled to them.  But you must become personal representative (executor or administrator) of your father's estate before you can bring an action.  If you have not done so, please contact a probate attorney who practices in the county in which your father lived.... Read More
The bank is required to file a Suspicious Activity Report and is at fault for disbursing funds to someone not entitled to them.  But you must... Read More

Have a check made out to my dads estate (he died 6 years ago). Can't get check from Sears cashed st my bank. How can I cash the check.

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You can re-open the estate, then open a bank account in the name of the estate, deposit the check and distribute the funds according to your father's Will or, if he did not have one, the state laws of inheritance. Depending on the size of the check, you may prefer to let the funds go to unclaimed property and claim them from the State Comptroller.... Read More
You can re-open the estate, then open a bank account in the name of the estate, deposit the check and distribute the funds according to your father's... Read More
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