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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 7
Do you have any Estate Planning questions page 7 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

I am 1/3 beneficiary to deceased Mother’s home.It sold and the executor is demanding by social by tomorrow.Must I give that to him?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
What is your "social"? Do you mean your social security number?  That seems unnecessary.  The title company handling the sale should simply issue a check in your name.  It could ask for your bank routing and account number and send a wire transfer or electronic check instead.  But no one needs to have your social security number to make a distribution of your share of the estate or to report that that has been done.  At most, the executor needs you to sign a Receipt and Release once you have received the funds and anything else due you from the estate.... Read More
What is your "social"? Do you mean your social security number?  That seems unnecessary.  The title company handling the sale should simply... Read More

What are estate consequences for life insurance policy where owner and insured are different people and both die simultaneously.

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
There is no joint estate.  Each Will should state what will happen in the event of simultaneous death.  State law may or may not have such a provision.
There is no joint estate.  Each Will should state what will happen in the event of simultaneous death.  State law may or may not have such... Read More

Grandmother managing my life insurance money.

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If she is the trustee, managing the money until you are 22, she has a duty to put your interest first:  to save or very conservatively invest the money and not spend it.  Whether knowing this will calm your fears is another question.
If she is the trustee, managing the money until you are 22, she has a duty to put your interest first:  to save or very conservatively invest... Read More

I am named executor on my dads will but my family is not letting me get anything that I bought my dad

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
The Will decides who gets what.  The executor administers (executes) the Will.  But the Will has no legal effect until a court appoints the person named as the executor and issues Letters Testamentary, giving them authority over the deceased's property.  Take the Will to a local probate lawyer.... Read More
The Will decides who gets what.  The executor administers (executes) the Will.  But the Will has no legal effect until a court appoints the... Read More

Will a prenup help me to kick out future step parent from my parents house?We have a Will that leaves all to me and my brother.

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
In Texas a surviving spouse has a lifetime right of occupancy in the home.   Your father's Will may or may not say that he contracted with your mother not to revoke the Will in order to provide for her and for children of their marriage.  If it does not, he could Will the home to his new spouse.  You are correct that she could give up her right to a community property interest in the home in a valid prenup (or a valid Marital Property Agreement).  She would still have a lifetime right of occupancy and, if she paid on the mortgage or made other financial contributions, a right to be reimbursed for them.... Read More
In Texas a surviving spouse has a lifetime right of occupancy in the home.   Your father's Will may or may not say that he contracted with... Read More

What do I do with land tied up in an estate?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Settle the estate so that the beneficiary/ies or heir/s have legal authority to do something with the land,  whatever she/they may decide.  You may be able to file Affidavits of Heirship or may need a formal court proceeding.  Discuss the situation with a local probate attorney.... Read More
Settle the estate so that the beneficiary/ies or heir/s have legal authority to do something with the land,  whatever she/they may decide. ... Read More

Do I need an Estate Attorney to handle income on dividends that no one claimed as earned for 16 years

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Please discuss this with your probate attorney.  A suit may lie against your sister-in-law for forgery, fraud and conversion (converting someone else's property to her own.)
Please discuss this with your probate attorney.  A suit may lie against your sister-in-law for forgery, fraud and conversion (converting someone... Read More

Beneficiary of life insurance died .who recieve remainder of life insurance payout?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
They will pass to her estate.  Her estate must be probated and the bills paid before anything can be distributed to anyone.
They will pass to her estate.  Her estate must be probated and the bills paid before anything can be distributed to anyone.

my mom had a will but she died and its not been found. the only property she owned was her car. what are my legal obligations?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You and your sibling(s) can sign a DMV form transferring title to the heirs.  You can then sign another form transferring your interest to your brother.  These are available online.
You and your sibling(s) can sign a DMV form transferring title to the heirs.  You can then sign another form transferring your interest to your... Read More

Can my sister takes my step mom's house and she is not an actual family member

Answered 4 years and 11 months ago by Andrew Allen Popp (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
The facts you presented require a more detailed analysis in order to give you a clear answer.  Without more information you're going to get a "maybe."  The language of the deed matters, estate planning documents (if any) matter, timing matters, more specifics regarding lineage also matters.  Until these issues are cleared up nobody is going to be able to give you a definite answer.  I recommend sitting down with an attorney to review your case in detail so you know what you're dealing with. Best of luck.... Read More
The facts you presented require a more detailed analysis in order to give you a clear answer.  Without more information you're going to get a... Read More

Are children entitled to inheritance from Father who recently past and had a 3rd wife only married around 8 yrs.

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Eight years or eighty years makes no difference:  married is married.  In some states a surviving spouse has a lifetime right of occupancy even without a written agreement.  In some states the home automatically passes to the surviving spouse.  In some states the spouse has a lifetime right of occupancy and a 1/3rd interest in the home if it is sold.  Check with a Massachusetts probate attorney.... Read More
Eight years or eighty years makes no difference:  married is married.  In some states a surviving spouse has a lifetime right of occupancy... Read More

what does it mean in a trust " to be responsible for maintenance"

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
There is a difference between maintenance and repair.  You and the remainder beneficiary may look at the damage to the roof differently.  If you absolutely do not have funds, it may well be in the interest of the remainder beneficiary to take out a home equity loan to pay for a new roof (assuming that it is not covered by insurance).... Read More
There is a difference between maintenance and repair.  You and the remainder beneficiary may look at the damage to the roof differently. ... Read More

Widow entitlements

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Please discuss this with your husband's attorney, taking all the documents.  No one on this list serve can analayze the documents or the lawsuit.
Please discuss this with your husband's attorney, taking all the documents.  No one on this list serve can analayze the documents or the lawsuit.

What to do when an attorney is not helping you

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
The attorney does not represent your aunt, the beneficiary.  The attorney represents the executor or administrator of your grandmother's estate.  If your aunt wants someone to protect her interests, she should hire her own attorney.  The estate should have been settled years ago.... Read More
The attorney does not represent your aunt, the beneficiary.  The attorney represents the executor or administrator of your grandmother's... Read More

Dad is widowed has a girl friend that he left as sole beneficiary did not mention his kids in the will what can we do if anything

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
In Texas people can leave their things to whomever they wish.  You might consider contesting the Will if you have evidence tending to prove fraud, lack of legal capacity or undue influence.  Your description indicates none of these.  The last two can be very difficult to prove.  A Will contest can cost as much or more than you might inherit with no guaranty that you will win.... Read More
In Texas people can leave their things to whomever they wish.  You might consider contesting the Will if you have evidence tending to prove... Read More

Can you please explain estate proceedings where the decedent had no will?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Hire a local probate lawyer to file an application to determine heirship and issue letters of administration. 
Hire a local probate lawyer to file an application to determine heirship and issue letters of administration. 

Dad's bank accounts, Joint Tenancy with survivorship rights.

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Funds passing to designated beneficiaries pass outside the Will.  Please consult with your probate attorney.
Funds passing to designated beneficiaries pass outside the Will.  Please consult with your probate attorney.

What if there is no will and no trust and you pass away?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
The estate must still be settled, whether through an Affidavit of Heirship, a Small Estate Affidavit or a formal administration.  Talk with a local probate attorney to determine which works best in this situation.
The estate must still be settled, whether through an Affidavit of Heirship, a Small Estate Affidavit or a formal administration.  Talk with a... Read More

I was told in front of witnesses that I get cryptocurrency when friend dies. When he died, his family didn’t care what he wanted. Please Help?!

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
There is no such thing as an oral Will.  You are out of luck.
There is no such thing as an oral Will.  You are out of luck.

What type of lawyer do I need to write a will? Estate planning? Im on disability.

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Yes, you need an estate planning attorney familiar with special needs planning so that nothing you inherit will affect such needs-based public benefits at SSI and Medicaid.
Yes, you need an estate planning attorney familiar with special needs planning so that nothing you inherit will affect such needs-based public... Read More

Do I need a Last Will and Testament?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You may not.  In most states if only a small amount does not pass to designated beneficiaries, your heirs can file a Small Estate Affidavit.  This is less expensive than probating a Will.
You may not.  In most states if only a small amount does not pass to designated beneficiaries, your heirs can file a Small Estate... Read More

Do I have rights to mine and my boyfriend's vacation home in PA. Since he passed away, I have been with him for 14yrs and only I and him have been the

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You have no right unless you can prove that you had an informal marriage.  That can be very difficult.
You have no right unless you can prove that you had an informal marriage.  That can be very difficult.

power of attorney

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
File a revocation of durable power of attorney in the deed records.  Sue her for conversion (converting your property to hers) and violation of her fiduciary duties under the durable power of attorney and file an action to quiet title (correcting the deed).
File a revocation of durable power of attorney in the deed records.  Sue her for conversion (converting your property to hers) and violation of... Read More

After the death of a family member with no will, does one family member have the right to ransack the home and take all the jewelry & items from the

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
While this often happens, once the court appoints an administrator of the estate, that person can sue for conversion (converting the estate's property to their own).  Talk with a local probate attorney about applying.
While this often happens, once the court appoints an administrator of the estate, that person can sue for conversion (converting the estate's... Read More

If I want to change the designated executor on my mother's will, do I have to change the will or can we do that after my mother's death?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   2 Answers   |  Legal Topics: Estate Planning
Only your mother can change her Will.  When she dies and the Will is submitted to probate (proving that it is the Will of the person who died), your brother may decline to serve.
Only your mother can change her Will.  When she dies and the Will is submitted to probate (proving that it is the Will of the person who died),... Read More
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