Alyson Christine Fudge’s Answers

Alyson Christine Fudge

Mount Pleasant Estate Planning Attorney.

Contributor Level 9
  1. Protecting (first marriage) child's inheritance in second marriage estate plan.

    Answered over 4 years ago.

    1. Alyson Christine Fudge
    2. James P. Frederick
    3. Ilene L McCauley
    3 lawyer answers

    A Q-TIP trust is the only way I know of to achieve the desired result. The trust would not become irrevocable until (and if) the wife dies first. But it would absolutely provide for the husband's support, health, maintenance and standard of living, while ensuring that any remaining assets go to the wife's child/grandchildren. Of course, someone other (either person or institution) than husband would have to the be alternate trustee (with the wife being the first trustee) if the wife dies first....

    Selected as best answer

  2. If I am contracted to get paid to care for my mom, and my pay is suspended, does that not mean my contract is suspended?

    Answered 10 days ago.

    1. Richard James Gregorek
    2. Alyson Christine Fudge
    3. David L. Carrier
    3 lawyer answers

    The next time you enter into a contract with a government agency, please have an attorney who works for you review it and answer your questions. Now that this case has been decided by a Judge, the issues are moot unless you want to hire an Appellate Attorney to appeal to the next level. That may or may not be possible, depending on the rules of your state. If the Judge's decision was rendered relatively recently, I would run, not walk, to an attorney to see what your options are. If the opinion...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Probate- Do I need to contact Medi-cal, Director of Health Services in a probate case or why would I need to contact Medi-cal?

    Answered 10 days ago.

    1. Christine James
    2. Lisa Marie Horton
    3. Gregory Paul Benton
    4. Alyson Christine Fudge
    5. James Charles Shields
    6. ···
    6 lawyer answers

    I would imagine you may need to contact them if the Decedent was receiving benefits for which Medi-Cal is legally entitled to re-payment from the Estate. If they are a creditor or potential creditor of the Estate, they would need to be paid first before any beneficiaries receive any money. If you as the Executor/Personal Representative make distributions to individuals without paying creditors of the Estate first, you may become liable for some or all of the creditor's claim. If the Decedent...

    2 lawyers agreed with this answer

  4. Executor of an Estate with house in deceased mothers name that I don't want

    Answered 10 days ago.

    1. Larry J. Ford
    2. Alyson Christine Fudge
    3. Margaret Agnes Palms
    3 lawyer answers

    If your brother is no longer on title, he has no liability with respect to the property. However, if there is a mortgage on the house and your brother is on the mortgage (a borrower or co-borrower)--that's a different issue. I'm assuming that there must be a mortgage on the property because, although your question didn't specify, you mention "the bank." Whomever is on the mortgage has legal liability to the bank. In addition, as the homeowner, you have some liability as the property which you...

    2 lawyers agreed with this answer

  5. I am last of bloodline, totally left out of will, mother in Hospice, father dead 4 years-any precedence for contesting it?

    Answered over 4 years ago.

    1. Alyson Christine Fudge
    1 lawyer answer

    It depends on what your mother's will says. If the will specifically names you as a child, and then states that your mother's intent is that you shall not inherit from her estate under any circumstances, this will be difficult to successfully contest. However, if the will simply fails to mention you at all--then you are likely entitled to a percentage of her estate under our Intestacy Statute. However, no will contest can be filed until your mother passes away, and her will is admitted to...

  6. What am I supposed to do? And will this effect my credit and am I responsible for anything under the law?

    Answered over 4 years ago.

    1. Alyson Christine Fudge
    2. Mark Hankins
    3 lawyer answers

    Correction: Creditor's notice must run for 8 months. I mis-typed in one place in my previous answer.

  7. What am I supposed to do? And will this effect my credit and am I responsible for anything under the law?

    Answered over 4 years ago.

    1. Alyson Christine Fudge
    2. Mark Hankins
    3 lawyer answers

    I would agree with everything stated in the previous answer, and would just add the following: Probate is the process by which an asset (like a house) is taken out of the name of someone who has died and put into the name of the living heirs. Regardless of whether someone has a will nor not--the estate has to go through probate in order to transfer title. In our state (South Carolina), probate is a 9-12 month process because a creditor's notice must be published in one of our local...

  8. I've been married four years and recently separated. I can't afford to live here on my own what will happen in court?

    Answered over 4 years ago.

    1. Alyson Christine Fudge
    2. David Alexander Browde
    2 lawyer answers

    As a South Carolina attorney, I can tell you that divorce here is different than many other states. (I am assuming that you are alluding to a divorce.) Charleston County Family Court is hearing in excess of 29,000 cases this year, so hearing dates usually occur about 4-6 months after filing petitions. You can file "fault" actions and one "no-fault" action. The fault action in your case would like be for drug and alcohol abuse, as the fault action related to physical abuse requires imminent...

  9. Can she do this?

    Answered over 4 years ago.

    1. Alyson Christine Fudge
    2. Bert Z. Tigerman
    2 lawyer answers

    Please see my response to your first submittal. And please let me add, that as a South Carolina attorney, I can confirm that you most definitely would be entitled to a share of his estate. Please consult with an attorney, as probate is time-sensitive in our state.

  10. My estranged husband passed away, and before i was told, his mother had him buried, now she wants to be paid

    Answered over 4 years ago.

    1. Alyson Christine Fudge
    1 lawyer answer

    Has your husband's estate been opened to probate (whether or not he has a will), and who is the appointed executor. As the spouse, unless he had a will which was drawn up after your estrangement began, you would have first priority. As executor (actually called "personal representative" in SC), you could decide which bills you feel are appropriate, and which you feel are inappropriate. If your mother in law filed a claim as an unpaid creditor, you could decline it and let the judge decide...

843-416-1102