Loraine M. DiSalvo’s Answers

Loraine M. DiSalvo

Alpharetta Estate Planning Attorney.

Contributor Level 16
  1. If will states that his daughters are to equally share his estate, including real,personal,mixed property does this include IRAS

    Answered over 1 year ago.

    1. Loraine M. DiSalvo
    2. Patricia Lyda Williams
    3. Ashley Anne Digiulio
    4. Glen Edward Ashman
    5. Frank Louis Buquicchio
    6. ···
    6 lawyer answers

    In general, a Will does not control the distribution of assets held in an IRA account. Instead, the IRA will pass to the beneficiary or beneficiaries who were specifically named or described by the beneficiary designation for that particular IRA. However, IF the IRA did not correctly designate one or more individuals or trusts to receive the IRA assets, and the IRA became payable to the estate of the deceased account owner, then yes, the account owner's Will would end up controlling the...

    13 lawyers agreed with this answer

  2. My Aunt died and left a Will. One of heirs died before her, but the will wasn't changed. What happens to that heir's portion?

    Answered 7 months ago.

    1. Loraine M. DiSalvo
    2. Steven M Zelinger
    3. Jennifer L. Ellis
    3 lawyer answers

    To answer the question of what happens to the share that the predeceased beneficiary would have received, you start by looking to see what the Will says should happen. (By the way, the term "heir" means a person who would receive property if there were no Will, whether or not they receive any interest under a Will; a "beneficiary" is a person who receives an interest under a Will, so I will use the word "beneficiary" here). A well-written Will should state what happens if a named beneficiary...

    12 lawyers agreed with this answer

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  3. If my uncle leaves all of his personal property to me and i do not probate the will can I take his property?

    Answered over 1 year ago.

    1. Loraine M. DiSalvo
    2. Glen Edward Ashman
    3. Edwin Arnold Anderson
    3 lawyer answers

    If your uncle did not name you as a payable on death beneficiary or joint tenant on the bank account, then you will have to offer his Will for probate in order to deal with that account. In that case, you will also need to probate the Will in order to retitle his truck in your name. You will also need to ensure that your uncle's debts and taxes are all dealt with before you take any property (including the tools, furniture, and truck) for yourself. Having a signed Will does you no good...

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  4. Are stepbrothers/stepsisters of no blood relation, (only by second marriages of respective parents), considered heirs to a Will

    Answered about 1 year ago.

    1. Loraine M. DiSalvo
    2. Robert M. Gardner Jr.
    3. Glen Edward Ashman
    3 lawyer answers

    If a relative is truly a step- relative and was never legally adopted by the stepparent, then that step-relative is not an heir to a stepbrother/stepsister (or to his or her stepparent). If the stepparent ever legally adopted the stepchild, however, then the stepchild is considered a legal child of the adopting stepparent and a legal brother or sister of that adopting stepparent's biological or other adopted children, and they would then be heirs. As for what they sign, they would sign...

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  5. Should I sign a Petition for Discharge as Executor for my uncle concerning my Grandfathers estate?

    Answered about 2 years ago.

    1. Loraine M. DiSalvo
    2. Glen Edward Ashman
    3. James P. Frederick
    4. John Thomas Mroczko
    4 lawyer answers

    You should ask for more information regarding the estate. You should also consult your own attorney. Something is very odd.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. My mother passed away September 27, 2011 due to Small Intestinal Blockage/Respiratory Failure Family needs "willing attorney"

    Answered 12 months ago.

    1. Josh P Tolin
    2. Loraine M. DiSalvo
    3. Celia R Reed
    4. Glen Edward Ashman
    5. Robert W. Hughes Jr.
    6. ···
    12 lawyer answers

    My condolences on your terrible loss and ordeal. You likely do need to consult a probate attorney in order to deal with your mother's affairs. You also should consult an attorney who is familiar with potential medical malpractice and wrongful death claims, however, since there could potentially be recovery there and that's not exactly a probate matter. Your mother's estate may have claims for damages, but depending on the exact claim, so can her family members directly, so you really need to...

    11 lawyers agreed with this answer

  7. I'm the only loving person my mother had, step father deceased, step brother deceased, mother deceased. Does this make me the

    Answered about 1 year ago.

    1. Loraine M. DiSalvo
    2. James P. Frederick
    3. Glen Edward Ashman
    4. Erik John Broel
    4 lawyer answers

    I'm very sorry to hear that your mother had so few loved ones left, and please accept my condolences on your loss of her. However, the answer to your question about whether your relationship makes you the Executor of her estate is No. If she had a Will, then the Executor is the person named in the Will, assuming that person is willing and able to serve. If your mother did NOT have a Will, then her estate would have an Administrator, not an Executor. As your mother's child (assuming you were...

    11 lawyers agreed with this answer

  8. What is the best method to use if my mother wants to sign over the house/deed to me and would there be any huge taxes to pay.

    Answered almost 2 years ago.

    1. Loraine M. DiSalvo
    2. Dana P. Shaffner
    3. Austen Christian Na
    3 lawyer answers

    Assuming that your mother lives in Georgia and she is the only owner listed on the deed, and that there are no liens, mortgages, or other debts on the house, then all she would need to do to transfer the house to you would be to sign a deed which transfers the house from herself to you. I would, however, VERY strongly advise her to seek the advice of a competent estate planning attorney before she did any such thing. As to whether taxes would be payable: I can't answer that because I don't have...

    11 lawyers agreed with this answer

  9. Father passed a way about 7 weeks ago had will probated now x wife said she found a will leaving her a part of everthing

    Answered about 2 years ago.

    1. Richard Michael Morgan
    2. Loraine M. DiSalvo
    3. Glen Edward Ashman
    4. Dennis Joseph Murphy
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    My condolences on your loss, and on the extra distress I'm sure this event is causing. If your father and his ex-wife were divorced prior to his death, then it is likely that the Will she has is an older Will which was replaced by the one which you say was admitted to probate already. In order for his ex-wife to claim any benefits under the Will she claims to have found, she will need to have it admitted to probate in lieu of the Will which was already probated. If she tries that, then she'll...

    11 lawyers agreed with this answer

  10. Can I revoke my renunciation of my fathers estate? A new asset has been discovered and I want my share!

    Answered 8 months ago.

    1. Loraine M. DiSalvo
    2. Timothy Edward Kalamaros
    3. Steven M Zelinger
    4. Richard Michael Morgan
    5. Glen Edward Ashman
    6. ···
    6 lawyer answers

    My condolences on your situation. A qualified renunciation (meaning one which qualifies as a true disclaimer for federal gift and estate tax purposes) is irrevocable, so not, you should not be able to revoke your disclaimer. However, one question which your post raises is exactly how your renunciation was structured: Did you renounce your interest in only the residence, or in the entire estate? In order to tell, an attorney would need to see the exact document which you signed to complete the...

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