Sarah Faith White’s Answers

Sarah Faith White

Marietta Estate Planning Attorney.

Contributor Level 11
  1. We (husband and wife) have recently made a revocable living trust to avoid probate. 1. Do we need to fund the trust and how?

    Answered about 2 years ago.

    1. Sarah Faith White
    2. Paul A. Smolinski
    3. Matthew Allan Quick
    4. James P. Frederick
    4 lawyer answers

    With a revocable living trust, generally you want everything you owned to be titled in the name of the trust, or to have a pay on death form that directs an account or a life insurance policy to an individual or to your revocable living trust. This is important because anything not titled in the name of the trust may have to go through probate. If you drafted the trust using an attorney, I recommend sitting down with the attorney to make sure all of your assets are properly titled in the name...

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  2. If a man died without a Will and the wife is not on Title to their home but is on mortgage, how does she get Title

    Answered almost 2 years ago.

    1. Sarah Faith White
    2. Jeffrey R. Gottlieb
    3. Thomas O. Moens
    4. Peggy M. Raddatz
    4 lawyer answers

    If he died without a Will, that means his heirs will inherit according to his state's intestacy laws. In order to inherit, his wife will have to go through probate in his county of residence. I recommend she contact a probate attorney in her area. Good luck!

    11 lawyers agreed with this answer

  3. Does my mom have to go through an attorney to fill out her final wishes?

    Answered almost 2 years ago.

    1. Sarah Faith White
    2. Judith Anne Schening
    3. Joseph Michael Pankowski Jr
    4. Joseph Andrew Brabender IV
    4 lawyer answers

    A form like that one would help to let her family members know her wishes for her funeral, burial or cremation, etc. In most cases it would probably not be necessary to go through an attorney simply to make those wishes known. However, your mom should probably consult with an attorney so that she can do a will, a power of attorney, and a healthcare document or documents, if she doesn't have them already.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can I legally place my aunt in a nursing home against her will?

    Answered about 2 years ago.

    1. Sarah Faith White
    2. Judy A. Goldstein
    3. James Gregory Las Cola
    4. Joseph Franklin Pippen Jr.
    5. Thomas W. Tuohy
    5 lawyer answers

    I am very sorry to hear about your aunt's problems. Normally in order to admit someone to a nursing home against their will, you have to be appointed their legal guardian. That involves a court proceeding. If you are afraid for your safety, I recommend that you take whatever steps necessary to remove yourself from the situation as soon as possible. I also recommend you consult an elder law attorney in your area who can advise you on both the guardianship and on ways to pay for the nursing home care.

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  5. Hi my mother died and my sister was toatly left out of the will

    Answered about 2 years ago.

    1. Jeffrey Bruce Gold
    2. Sarah Faith White
    3. James P. Frederick
    4. Joseph Allen Bollhofer
    5. Nancy Robin Stone
    5 lawyer answers

    You attorney would be the best person to answer this question. In many states adult children can be disinherited from receiving anything under a Will. Unless your sister is trying to claim that the Will was executed while your mother did not have the testamentary capacity (mental ability) to execute a Will, I don't understand why they think they have a claim on the estate. I hope your attorney is able to explain this to your satisfaction. Good luck!

    8 lawyers agreed with this answer

  6. Where do I start to find a deceased person's will? Do I need an attorney person's residing state? If will/assets were stolen?

    Answered about 2 years ago.

    1. Sarah Faith White
    2. Joseph Michael Pankowski Jr
    3. Matthew Erik Johnson
    4. James P. Frederick
    4 lawyer answers

    I'm sorry to hear you're having these issues. I would start by calling your loved one's attorney - many attorneys keep originals or copies of the will. If you don't know who your loved one's attorney is, you could call estate planning attorneys in your area, or ask your loved one's friends (if that is possible) if they know who her attorney is. If the will was truly stolen, you find the new one and you can prove what happened, you should be able to get the property transfers undone,...

    7 lawyers agreed with this answer

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  7. We have moved from Illinois to Florida. Is our trust written in Illinois still valid in Florida?

    Answered about 2 years ago.

    1. Sarah Faith White
    2. Adam Troy Rauman
    3. Joseph Franklin Pippen Jr.
    4. Carol Anne Johnson
    4 lawyer answers

    I assume you are talking about a revocable living trust. If the trust was properly drafted in Illinois, it should be valid in Florida. However, because you are now residents of Florida, you should probably update your Wills, powers of attorney and healthcare directives anyway, so it wouldn't hurt to have an estate planning attorney take a look at the trust to be sure it's fine in Florida. Also, you will want to make sure any property you acquire in Florida is properly titled in the name of the...

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  8. My name is on a family trust. Can I sell or give my portion to some one else, so my name is not on the trust.

    Answered about 2 years ago.

    1. Sarah Faith White
    2. Charles Adam Shultz
    3. Jack C. Helgesen
    4. Kelly Scott Davis
    4 lawyer answers

    I am sorry for the issues you are dealing with. It may be possible to give your portion to someone else, depending on what the trust says. However, these issues involving the trust and Medicaid are very complex, and they are done incorrectly, you can face bigger issues later. I recommend that you find an experienced elder law attorney in your area.

    7 lawyers agreed with this answer

  9. Can I contest my Step mothers Will? She left everything to her kids from 1st marriage and nothing to my Dads kids.

    Answered about 2 years ago.

    1. Sarah Faith White
    2. Judy A. Goldstein
    3. Stephen Clark Harkess
    4. Michael S. Haber
    4 lawyer answers

    Stepchildren aren't entitled to inherit anything. In addition, will contests are expensive, time consuming, and hard to win. I am sorry to hear about this problem.

    7 lawyers agreed with this answer

  10. Can my husband's recently unestranged son (age 50) inherit property upon his death?

    Answered about 2 years ago.

    1. Joseph Michael Pankowski Jr
    2. James T. Weiner
    3. Julie Aletta Paquette
    4. James P. Frederick
    5. Peter L. Conway
    6. ···
    6 lawyer answers

    There are several different issues at play here. When someone owns property as joint tenants with right of survivorship, the property typically passes automatically to the survivor, and therefore is not subject to the claims of heirs. Anything owned individually that passes under the Will would pass subject to the terms of the Will. If the Will says the son gets a certain amount of money, in most cases that's what he would inherit. The son can always seek to overturn the Will based on fraud or...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

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