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Scott Robert Zucker

Scott Zucker’s Answers

6 total

  • Hi. I am a beneficiary to my mothers will if I die first can I leave my part to my wife?e-mail garydeanb@yahoo.com

    If yes how do I go about it.Thank you

    Scott’s Answer

    To add to Mr. Reed's answer, what would happen depends on what is stated in your mother's will. If she just left everything to you, and you died first, then under PA "antilapse" rules, your children would split your share equally (1/2 each if you have two kids, 1/3 each if you have 3, etc).

    On the other hand, if your mother left everything to you "if he survives me", then the gift to you would go to the residual part of the will, and be distributed to whoever is named there.

    If you want your mother to change her will to leave your share to your spouse, and only if she wants to do so, then you should have her contact a lawyer to revise her will.

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    This communication is not intended as and should not be interpreted as legal advice or legal opinion. The transmission of this communication does not create an attorney-client relationship between the poster and you. Do not act or rely upon the information in this communication without seeking the advice of an attorney.

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  • Estate fraud

    we just relaized that our estate admnstrator was lying to us all the time that he is still processes the estate for us to get our distribution he took advantage of us because he knew we will not find out because we live in africa .i happen to be h...

    Scott’s Answer

    In Virginia, you have 10 years after the date the estate was closed to file what's called a "suit to surcharge or falsify an account" against the estate administrator. As you are mainly located in Africa, you should probably hire an attorney as soon as possible, so that he or she can pursue this action in Culpeper County (or wherever else in Virginia the estate was administered).

    See the Virginia Code at Section 8.01-245.

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    This communication is not intended as and should not be interpreted as legal advice or legal opinion. The transmission of this communication does not create an attorney-client relationship between the poster and you. Do not act or rely upon the information in this communication without seeking the advice of an attorney.

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  • If i contest a will can i lose my portion of inheritance

    If I contest a will can I lose my poriton of inheritance

    Scott’s Answer

    This will depend on whether or not the decedent's will contains a "no-contest" clause, and on what it says. Virginia is among the tougher states regarding challenges to the will in that it strictly enforces no-contest clauses. It also tends to allow the beneficiary to be penalized for challenging the will, even if the beneficiary had probable cause to bring the contest.

    Generally, if you challenge the will in Virginia, the main way to succeed is by proving that the will is invalid.

    Check the blog linked below by Michael Whitlow of Roanoke, VA for further details, especially his May 24, 2010 and January 5, 2010 posts.

    This communication is not intended as and should not be interpreted as legal advice or legal opinion. The transmission of this communication does not create an attorney-client relationship between the poster and you. Do not act or rely upon the information in this communication without seeking the advice of an attorney.

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  • I plan to leand a daughter over $10,000. and she will sign a promissory note. I will be charging monthly interest.

    How is this interest handled. Do I have to report this to the IRS???Can she use the deduction on her income taxes??? Not sure how to handle this situation. Harry

    Scott’s Answer

    My colleague is absolutely correct.

    To expand on her answer, the interest will be deductible for your daughter if she uses the loan for one of a few purposes. See IRS Topic 505, linked below. The following are the most common.

    First, she can deduct the interest if the note is secured by her main or a second home.

    Second, if she uses the money to make an investment, she can deduct the interest only up to the amount of income she makes on that investment.

    Third, if she uses the money only to pay qualified higher education expenses, she might be able to deduct the interest as an adjustment to income on the first page of her 1040. See IRS Topic 456, linked below.

    Otherwise, if she is using the money for personal expenses or debts, she will not be able to deduct the interest.

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  • In Florida, does a blood relative have to be the executor even if someone who is not a blood relative is named?

    My husband's aunt died and her late husband's brother was named executor. However, when my husband went to the lawyer with him the attorney said that my husband being the closest blood relative would be the executor and her husband's brother coul...

    Scott’s Answer

    I am not a Florida attorney. There may very well be some intricacies that I am unaware of, so you cannot completely rely on the following.

    Given all of that, the answer to your question seems to depend on whether your husband's aunt's late husband had a validly executed will and whether or not her late husband's brother is a domiciliary (in other words, a permanent resident) of Florida. There are likely three possibilities.

    1) Given the lawyer's response, it appears as if the brother is not a Florida resident. If this is true, according to the relevant Florida Probate Code, section 733.304, only certain named relatives who are non-residents can qualify as a personal representative of an estate. Without knowing more facts, it appears as if the brother would not qualify if he is not a Florida resident, and the attorney would be right.

    2) If the brother is a Florida resident, then the attorney is quite possibly mistaken. If your husband's aunt died with a will, then she died "testate". According to section 733.301, the court would accept the brother as the personal representative, as there is no requirement for a blood relation in such a case.

    3) If the brother is a Florida resident, and there is no validly executed will, then your husband's aunt died "intestate". According to the same 733.301, because her husband passed away, the court can choose between the best qualified of either "the person selected by a majority in interest of the heirs", or the closest blood relative to be the personal representative.

    My guess is that #1 applies, and the attorney appears to be correct.

    DISCLAIMER: This communication is not intended as and should not be interpreted as legal advice or legal opinion. The transmission of this communication does not create an attorney-client relationship between the sender and you. Do not act or rely upon the information in this communication without seeking the advice of an attorney.

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  • I am in a will and the excecutor is able to disburse the monies and wont. How long does she have after all is clear to didburse.

    She told me she has to sign a paper at the commissioner of accounts so i went there and was told she does not have to sign anything.She has given me nothing but problems from the get go.She can disburse the money but won't.How can i find out what ...

    Scott’s Answer

    To add to the previous answers, Virginia law says that the executor is not compelled to pay any distribution of the estate until after six months from the date when the court approved of her authority. She can also require you to give her bond that says you will refund any amounts to the estate which may appear.

    Disclaimer: This communication is not intended as and should not be interpreted as legal advice or legal opinion. The transmission of this communication does not create an attorney-client relationship between the sender and you. Do not act or rely upon the information in this communication without seeking the advice of an attorney.

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