Estate Planning Legal Questions

This is an estate planning issue and healthcare issue since your concern has to do with the "look back" by the healthcare proviiders to see if they can come after the equity in your home for payment of his healthcare costs. To answer this type of question, you need to sit down with a lawyer experienced in these type of inquires. If you would like to schedule a consultation with one of the lawyers in our firm to discuss it, please feel free to call us or search on line for lawyers with estate planning and family law experience. ... Read More

Fees vary greatly from attorney to attorney. Many estate planning attorneys provide a fixed fee for estate planning services such as drafting Wills. However, in our firm, and likely in many others, the fixed fee itself depends on exactly how the documents will be structured. For this reason, while you can often call an attorney's office and find out what the fixed fee range may be and how fees work, in many cases to get an actual quote you will need to have an estate planning consultation, at which the attorney can learn more about what your needs and wishes are and help you develop a plan that will include a set of documents. The attorney can then give you an exact fee.   For various reasons, my firm does not post its fees in a public forum. However, you are welcome to call my office and ask our office administrator about the process, our fee ranges, etc. You are also welcome to schedule an estate planning consultation, if you wish. We do not charge for the consultation, and there is no obligation to proceed with any work. But having a consultation is the only way I could give you an exact proposed fee.   Best wishes to you.  ... Read More

Please accept my condolences on the loss of your spouse. As for your question, you really shouldn't so much "rewrite" a Will as just do a new one. Unless you have some kind of irrevocable trust planning in place, you should be free to do new estate planning documents. Find an estate planning attorney and schedule a consultation. The attorney can help you consider your situation and your wishes, and can then help you develop an estate plan that reflects those and fits you. Ideally, that would mean a new Will, a Power of Attorney, and an Advance Directive for Health Care, to make sure that you have documents in place that will allow someone to help you if you ever become incapacitated as well as a Will that provides for the management and distribution of your probate assets after your death. The attorney should also review beneficiary designations with you, to make sure that those items are coordinated with the rest of your planning.  ... Read More

I'm not sure exactly what you are asking, because it looks like there may be a typo in your post. However, since you mention that your mother lives with you and has dementia, I am going to assume that you're asking how you can help manage her affairs if and when she begins to need that help.   If your mother is still relatively competent, even though she has a dementia diagnosis, what she ideally needs to do is get good estate planning documents in place. Those should include a Will, a Power of Attorney, and an Advance Directive for Health Care. Using the Power of Attorney and the Advance Directive for Health Care, she can name you (or someone else) as her agent for financial and medical decision making. These documents should allow yout to help her with whatever she needs help with if her condition gets worse. She may also want to create a revocable trust for herself, and name you or someone else as a Trustee. Having a revocable trust can be another way to ensure that someone can help you with your finances if needed. Please note, however: YOU can't do any estate planning for your mother. She needs to do it for herself.   If your mother is no longer able, or is not willing, to do appropriate estate planning and name agents who can help with her needs, then unfortunately you may eventually need to get appointed as a guardian (for health care) and conservator (for finances) for her. Those roles are ones to which you must be appointed by a court. You would need to hire an attorney to help you file the appropriate petitions. Contact an attorney who does guardianship and conservatorship work if you think you may need to go this route.   Best wishet to you and your mother.  ... Read More

If anyone who does not receive an interest in your home is living there at the time of your death, then the Executor of the estate or the beneficiaries of the home will eventually be able (and likely willing) to make that person move out, whether he's your stepson or someone else. If you don't want this to happen, and if you want to provide some protection for your stepson after your death, then you should address those wishes in your estate planning. There are options. Contact an experienced estate planning attorney to discuss them.   Best wishes to you.  ... Read More

Hello.  You can have a codicil prepared to amend your existing Will, or you can execute a new Will.  Have you protected your assets in other ways to avoid probate?  Have you ever considered a Living Trust? Feel free to reach out if you would like more information about the process.  ... Read More

This is an unfortunate problem with beneficiary deeds. They accomplish the easy transfer of title easily after death, but do not address any complications that may arise if the beneficiaries do not agree. In your situation, you brother has to understand that his position is not supportable. Unfortunately you need to make him understand that and your talking to him is unlikely to accomplish what you want. I suggest engaging counsel to write him a letter explaining the facts that if he cannot buy you out, the house will have to be sold. He will also be responsible for the costs of the house while he is living there. I f he does not respond, a lawsuit to force the sale of the property is probably needed.... Read More

I am sorry to hear of your dad's condition and of the possible manipulation by your stepmother.   As for your question, however: you can't prevent your father from changing his Will, even if you think your stepmother is effectively forcing him to follow her wishes rather than his own. What you MAY be able to do includes the following options:   1. If you think he is truly incompetent and that your stepmother is committing physical, emotional, and/or financial abuse with regard to him or neglecting his welfare, then you (or someone else) may be able to seek appointment as his guardian and conservator while he is still living. If a court agrees that he is incapacitated and in need of a guardian or conservator, then the appointment of that person can help make sure that he is being care for appropriately and that his assets are being used for his benefit and not wasted, stolen, or used inappropriately.   2. If he dies and you do not believe that any Will that is offered for probate for his estate is not a valid expression of his wishes (because someone exercised undue influence over him, the Will was not correctly executed, or because he did not have the level of competency necessary to make the Will), then you can try to challenge the Will. It's more difficult to do, but you might also be able to challenge beneficiary designations, trusts, or rights of survivorship that result in your dad's assets being transferred to others outside of his Will if you think that those were created under circumstances that make them invalid.   Either of these options means that you need to hire an attorney who does fiduciary litigation and handles contested guardianships/conservatorships or contested estates. You should likely assume that there will be an expensive, lengthy legal battle, and you should not assume that there will be any financial reward in it for you. However, if you are really concerned about your father's welfare, then you should look into option 1 and perhaps pursue it- that's the best way to protect him while he is still living, and it may also help ensure that his eventual post-death wishes come to pass.   Best wishes to you and your famiily.  ... Read More

Michael - the best source of information about a probate is the personal representative of the estate. So, you should direct your inquiry to the personal representative. There is a 4 month creditor claim period that starts to run after notice of the probate is published in the local newspaper. So maybe the personal representative is just waiting out the 4 month period.  John SorlieBryant, Lovlien & JarvisBend, Oregon... Read More

I am so sorry for your situation; you have my deepest sympathy.   You can't force your son to get help, or to accept it. You can take steps to ensure that you do not leave him any assets outright. You can also take steps to ensure that any assets that you do leave him will be available and can be used by a third party in ways that will help him and not allow him to indulge in self-destructive behavior with your assets. You should consider having your estate planning provide for your son's share of any inheritance you may leave him pass to a trust for his benefit- either a full-blown supplemental needs trust (a "third-party" one, since it will be funded by you, with your assets) or a community pooled trust. That way, if he is ever eligible for and applies for needs-tested benefits like Supplemental Security Income and Medicaid, the trust won't count against him, but it can be used to help improve his quality of life as much as possible, and he can't just waste it. That way, it will be there for him if and when he is ready to seek help, and it will be there for someone to use to help him as much as possible even if he continues not to seek help.   Find an attorney who works with familiies with disabled family members on estate planning matters, and get an estate planning consultation. Best wishes to you.  ... Read More

It is not clear to me whether your parents created one will which they both were supposed to sign or two separate wills - one of each of them.  If it's the first RUN to a local estate planning attorney and get it done right.  If its the second and it was not done by an attorney, again RUN to a local estate planning attorney and get it done right.   Second you may be the named executor in the will, but you have absolutely no power to do anything until such time as the will is probated and you are appointed as executor by a probate court.   Finally, most attorney's who are estate planners can arrange for tghe appropriate people to assemble in hospitals or nursing homes to facilitate the execution of wills appropriately under Texas law.  It requires more than just signing it.... Read More

I'm sorry about the passing of your sister.  This is a tough one because Trusts are private matters.  It is very unlikely that she had it recorded in public record.  In most cases, the client is given the original Trust and other documents as part of their Estate Plan.  If you haven't been able to find any documents at her home, it will probably be very difficult to find the attorney who drafted her documents.   One avenue that you could explore would be to review her assets.  For instance, if she had a Trust, her real estate should have been deeded to her Trust.  Every deed is required to list who drafted it.  That could identify her attorney.  You could also check her bank records to see if any of her accounts were titled in the name of her Trust.  If so, it's possible that the bank has a Certificate of Trust on file that could list the drafting attorney. One thing to keep in mind though - even if she had a Trust, if she didn't fund it with her assets, you may have to proceed to Probate.  Feel free to reach out if you need further assistance.... Read More

As a purely technical matter, the agent under a valid power of attorney would have the authority to take this kind of action.  Powers of attorney are specifically given to be used in circumstances where the principal (your decedent) cannot take action himself. That said, there may be other circumstances, such as an improper influence by someone else, or a breach of fiduciary duty, that could impact a court's willingness to uphold the transfer. You would need to have a lawyer thoroughly review the situation.... Read More

If the 11/22/2005 will is the last will, then you will have to challenge its validity in order to have the two older sisters not be the co-executors.  For that I would need more information.  Please be aware that they cannot do as they please, since the probate court in theory will be there to make sure the terms of the will are followed.... Read More

There is no obligation or time frame to advise beneficiaries regarding a will.  However, it is wise to do so.  I am confused by the question and facts.  Did your father pass away?  If so, the will must be probated to distribute the estate.  If not, it is entirely up to your father to advise anyone regarding his will. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.      Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More