Suzanne Benvenuto Simpson’s Answers

Suzanne Benvenuto Simpson

Spencerville Estate Planning Attorney.

Contributor Level 7
  1. How to add my senen neices and nephews to my will in the next 7 days?

    Answered about 2 years ago.

    1. Suzanne Benvenuto Simpson
    2. Steven J. Fromm
    3. James P. Frederick
    3 lawyer answers

    From the way you phrased your question, it sounds like you would like to add your nieces and nephewss as contingent beneficiaries to a Will you already have, in which you named your beneficiaries and Executor (who happen to be traveling to China with you.) You would want to consider amending your Will by signing a Codicil in which you would add your nieces and nephews as contingent beneficiaries should some unforseen tragedy occur on your trip that would preclude your beneficiaries from...

    5 lawyers agreed with this answer

  2. When can revocable trust be revoked

    Answered over 2 years ago.

    1. Suzanne Benvenuto Simpson
    2. James P. Frederick
    2 lawyer answers

    I send you my sympathy that you and your husband face this current challenge. I agree with the prior responder that it is important to review both the power of attorney and the trust document with an experienced attorney so that you'll be able to come up with a course of action in the best interests of your husband. If you were named as the successor trustee/co-trustee and/or agent you do have certain rights and fiduciary responsibilities with which to comply. You would want to consider all of...

    4 lawyers agreed with this answer

  3. My sister is the POA and EOTW for our Mother. Can the other sibblings know all investments and money and any changes that happen

    Answered over 2 years ago.

    1. Suzanne Benvenuto Simpson
    2. James P. Frederick
    3. Andrew W. Olsen
    3 lawyer answers

    Wow--sounds like an uncomfortable situation. Do you by chance have copies of the documents? Regardless, I'd suggest you discuss, confidentially, with an attorney and that you are clear about the facts to support your concerns. As your mother's primary care giver, it seems that you'd want to have open communication with your sister while she "holds the purse strings." Certainly, your sister has a fiduciary duty to exercise special care with regard to funds she manages for your mother.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. What rights do beneficiaries have to see copies of the will and trust, and a list assets of the estate?

    Answered almost 5 years ago.

    1. Suzanne Benvenuto Simpson
    2. Megan Ellen Smith
    3. Bert Z. Tigerman
    3 lawyer answers

    While I can not speak to the law in California, generally if your grandfather passed with a Will, then the executor had a duty to file the Will with the probate court in the county where your grandfather lived. The Will would become a public document after your grandfather passed away and it was filed. So, you could go up to the clerk's office at the probate court and ask to see the file Most likely, the name of the firm who wrote the Will and Trust will be stamped on the document. Also,...

    Selected as best answer

  5. Is awill valid if hand written signed by the person and witnessed by someone other than familiy in Texas

    Answered over 2 years ago.

    1. James P. Frederick
    2. Joseph Franklin Pippen Jr.
    3. Suzanne Benvenuto Simpson
    3 lawyer answers

    You would be best-served by talking to a Texas licensed attorney. Some states recognize holgraphic wills (hand written) if they are attested to (witnessed). Usually two disinterested witnesses are required. In certain situations, in some states, the holographic will doesn't need to be witnessed (for example, in Maryland if its a soldier in combat, and then there are still limitations). Because of the variations state by state it's important to focus on what the law is in Texas.

    2 lawyers agreed with this answer

  6. If I am listed as an heir to an estate, my sister is the executor, am I allowed to obtain a copy of the will and if so,

    Answered about 4 years ago.

    1. Suzanne Benvenuto Simpson
    2. Kenneth V. Zichi
    3. Henry Daniel Lively
    3 lawyer answers

    If the person has passed away, the holder of the Last Will and Testament must file it with the Register of Wills (usually in the county where the decedent last resided). Then it becomes a public document. So, you could go up to the Register of Wills office and request to see it. Also, the Register of Wills would send you "Notice" as an "interested person" that the Will was filed. If the person has not yet passed away, then you don't have a right to obtain a copy, in fact the executor may not...

  7. If you want to change something in a will without a lawyer is it lega lto write a letter to the lawyer and have it notorized?

    Answered over 4 years ago.

    1. Thomas C Valkenet
    2. Suzanne Benvenuto Simpson
    2 lawyer answers

    You are correct that a letter to the lawyer, even if notarized, may not rise to the level of a formal codicil, which is the appropriate way to amend a Last Will and Testament. You may want to have an attorney review any documentation concerning the legal entity of your Uncle's shipping company: Operating Agreement, Shareholder's Agreement, or the like. You'll also want an attorney to review the letter and the Will. That will allow the attorney to have all the pieces of the puzzle before...

  8. Can an employer fire you when you are out on sick leave?

    Answered almost 5 years ago.

    1. Suzanne Benvenuto Simpson
    1 lawyer answer

    As with most things in life, it depends....do you have an employement contract? How large is the organization you work for? What is the sick leave policy? Have you been out longer than the sick days you accumulated? There are several factors that must be considered when determing whether or not termination is justified...and in some states employees may be terminated without cause. You state that your employer is calling you on your cell phone while you are out sick...perhaps he has a question...

  9. As a beneficiary do you have to accept a will or trust?

    Answered over 3 years ago.

    1. Frederick D Williams
    2. Suzanne Benvenuto Simpson
    3. Paul A. Smolinski
    4. Jeffrey A. Marshall
    5. Steven J. Fromm
    5 lawyer answers

    If you mean must you accept a bequest made for you in a Will or Trust, there are circumstances in which you may "disclaim" the bequest. That may mean that the bequest skips you and passes to your children, or it may mean that the bequest passes to another party instead, it depends on your particular circumstances and what is stated in the Will or Trust. You may have to file a "Disclaimer" document with the probate court where the Will is being probated (even if a Trust is involved) and in some...

    1 lawyer agreed with this answer

  10. Do I still need to probate a will if there is no assets?

    Answered over 4 years ago.

    1. Steven J. Fromm
    2. Suzanne Benvenuto Simpson
    3. Richard Eugene Ehrlich
    3 lawyer answers

    It makes sense that if there are no assets there is nothing to probate. However, in most states, if you have the original Will in your possession, you are required under the law to file it with the probate office in the county in which the decedent lived. In Maryland, for example, you would file the Will and include a form stating it was a "Will of No Estate."

    1 person marked this answer as helpful

Compassionate and Convenient Legal Counsel for Busy Clients: CALL Us Today

301-421-0190