Scott Robert Zucker’s Answers

Scott Robert Zucker

Annandale Estate Planning Attorney.

Contributor Level 7
  1. 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

    Answered over 3 years ago.

    1. Scott Robert Zucker
    2. Jonathan Craig Reed
    2 lawyer answers

    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...

  2. Estate fraud

    Answered over 3 years ago.

    1. Scott Robert Zucker
    2. Jonathan Craig Reed
    2 lawyer answers

    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. -- This communication is not intended as and should not be...

  3. If i contest a will can i lose my portion of inheritance

    Answered over 3 years ago.

    1. Scott Robert Zucker
    2. Christine Coffman Karr
    2 lawyer answers

    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....

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

    Answered almost 4 years ago.

    1. Scott Robert Zucker
    2. David Francis Hanley
    2 lawyer answers

    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...

  5. 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.

    Answered almost 4 years ago.

    1. Geneva Nicole Perry
    2. Scott Robert Zucker
    3. Jonathan Beau Dial
    3 lawyer answers

    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...

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

    Answered almost 4 years ago.

    1. Teri A. Walter
    2. Scott Robert Zucker
    2 lawyer answers

    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...