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Jennifer Laura Tomac
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Jennifer Tomac’s Answers

8 total

  • Once an estate has disbursed all proceeds to the its legal heirs, who is responsible if additional expenses are presented?

    I am the executor of my Dad's estate. His house was sold, and the proceeds were split between me and me two brothers equally. I was advised by the attorney to keep $12 K for future estate expenses. The second filing has been presented for approv...

    Jennifer’s Answer

    Depending on the circumstances, you have a couple of options. When you distributed the money to your brothers, your brothers may have signed a receipt that says they will pay their share of any estate expenses that pop up. If they did not sign such a receipt, you may need to approach your attorney about the reason for his/her recommendation and whether he/she is willing to take some responsibility for the apparent miscalculation. In either case, I would advise that you speak with an experienced probate attorney about your options moving forward.

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  • How long does the probate process typically take

    im curious how long the probate process usually takes. My papa died intestate and It started in February. we've gotten all taxes paid property evaluated no more bills are owed except the bills they are making us keep on like the lights and water i...

    Jennifer’s Answer

    The previous answers are correct in that it can take anywhere from 6 months - 20 years to settle an estate. As a general guideline, the administrator will have to file an Inventory with the Commissioner of Accounts office within 4 months after the day he was appointed as administrator - based on your question, this will likely be sometime in June. The Inventory is simply a list of your papa's assets. All heirs are entitled to a copy of the Inventory. If you want a copy, you should send a written request to your uncle. Your uncle will also have to file additional reports (called accounts) with the Commissioner of Accounts later in the process. As for determining the heirs' other rights, I would recommend that you speak with a probate attorney in your area.

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  • How do I petition court to get right to sell real estate as an executor? Can I do it myself? Low cost options?

    I am an executor of my brother's insolvent estate and I must sell the house (with some net positive equity) to pay medical debts. However, the will did not specifically grant me the right to sell the property according to probate. It did not deny ...

    Jennifer’s Answer

    In addition to the other reasons you have been given for speaking with an attorney, I would advise that you at least set up a consultation with a probate attorney. While the Court will likely grant your request for power of sale, getting the power of sale may not be in your best interest. In the Virginia probate process, real estate and personal property are viewed and handled separately. You should speak with an attorney who can explain the advantages vs. disadvantages to being granted the power of sale in your particular situation.

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  • Where does inheritance go if beneficiary dies prior to distribution?

    My father died intestate in 2013. The estate has not been settled yet and assets haven't completely been distributed. My sibling, who was one of the three beneficiaries by result of law because my father had no will, just passed away last month....

    Jennifer’s Answer

    I agree with the previous answers in that you should absolutely find a probate attorney to work with who will return your calls, particularly because this situation can get complicated. The straightforward answer to your question is that your sister's share of your father's estate should be paid to "The Estate of _____________" (Fill in your sister's name). Where the money/assets go from there depends on the nature of your sister's estate. If she left a valid Will, then the assets would pass according to the terms of her Will. If she did not have a valid Will, the assets will pass to her heir(s) at law. However, keep in mind that, in either case, any creditors of your sister are entitled to payment before anything goes to her beneficiaries/heirs. Also, if your sister's daughter is the beneficiary/heir of the estate and she is a minor, there can be additional complications/requirements in giving the assets to her. A good probate attorney can help you make your way through this complicated situation.

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  • Do we need to do a probate?

    My father passed away and he owns my house. There was no will. I pay the mortgage and am listed on the loan just not the house itself . My mother is still alive and they were married. I just need to figure out how I switch this to my name. My moth...

    Jennifer’s Answer

    Because your father died without a Will, based on the facts you provided it sounds as though your mother likely inherited some interest in the home upon your father's passing. If you have any siblings it's likely they also now have an interest in the home. I would recommend that you contact the Probate Division of the County Court in which your father passed away. They will likely be able to provide you with some basic information regarding the legal ownership of the home. In order for you to be the sole owner of the home, all of the legal owners will need to deed their interest(s) to you. I recommend that you consult an NE attorney to assist you and your family with this process.

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  • How do I get the deed to my deceased parents home and property transferred to me?

    Dad passed January 2007 and Mom November 2010. I have a brother and we aren't sure how to get the property transferred into my name. He lives in another state and has no interest in the property. I live locally and cared for my parents the last f...

    Jennifer’s Answer

    You can start by contacting the clerk of the probate court for the county in which your parents passed away. The clerk's office will be able to provide you with basic information regarding the process. Be careful when dealing with your brother's possible disclaimer. Disclaimers can be tricky and often end up passing ownership to unintended heirs/beneficiaries. I would recommend consulting with an IN probate and tax attorney.

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  • Do I have to name a trustee if a minor will inherit under $1,000.

    I trust his parents and don't want them spending more than he would receive.

    Jennifer’s Answer

    Every state is different; however, most states permit you to state in your Will how you would like distributions to minors to be handled. For example, your Will can state that distributions to minors can be distributed to their parents/guardians or can be put in a Uniform Transfer to Minors Act Account (UTMA Account). I would recommend that you speak with a NJ attorney about how to properly set forth your wishes in your Will.

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  • Uniform Power of Attorney Act - Breach of Fiduciary Respon: Initiating a request to the courts for judicial review/remedy

    Senior has lost everything due to actions taken by POA. Does a Complaint need to be filed with the circuit court to request a judicial review and remedy as provided for in the Uniform Power of Attorney Act? POA has been removed. Understanding...

    Jennifer’s Answer

    • Selected as best answer

    The Virginia Code allows any of the following people to petition the Court, review the agent's actions and grant appropriate relief:

    1. The principal or the agent;

    2. A guardian, conservator, personal representative of the estate of a deceased principal, or other fiduciary acting for the principal;

    3. A person authorized to make health care decisions for the principal;

    4. The principal's spouse, parent, or descendant;

    5. An adult who is a brother, sister, niece, or nephew of the principal;

    6. A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;

    7. The adult protective services unit of the local department of social services for the county or city where the principal resides or is located;

    8. The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and

    9. A person asked to accept the power of attorney

    Per number 7, you could consider asking the the adult protective services unit of the local department of social services for the county or city where the principal resides or is located to file the petition on behalf of the principal.

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