Skip to main content
Dana Laganella Gerling
Avvo
Pro

Dana Gerling’s Answers

115 total


  • Can a last will & testament be amended just to change co-executors from "and" to "or"?

    Mom listed 2 siblings as co-executors using "and" instead of "or". One sibling is 1,500 miles away from the other sibling and mom. There is no dispute or ill feelings between siblings, but just for convenience purposes, can it easily be changed ...

    Dana’s Answer

    Your mother would need to draft a codicil to update her Personal Representative and she would need to sign the document herself. If she does not have the ability to change the document, you could always agree at the time of administration to allow one of the Personal Representatives to serve. You would need the help of an Attorney to ensure any changes to the document are effective.

    See question 
  • How do I research my grandfathers will? I'm in Fl , he lived in NJ

    My mom passed away in 2005 from cancer. Her dad passes away a couple years later, I found out after the fact. My 2 aunts lived near my grandfather in New Jersey. I read that anything left to my now deceased mother shoukd be passed down to her chil...

    Dana’s Answer

    You would need to post this question to an Attorney in New Jersey. You should try to search the same County or town your grandfather lived to find an Attorney. You typically can find out information from the clerk of court, or surrogate court, related to if a Will had been filed in the County where your grandfather passed away and lived at the time of his death.

    See question 
  • Does a deed supersede a will

    father and mpther left home to son, if son dies house will go to other son. if deed is put into first sons name does that cancel out the will as far as the house goes

    Dana’s Answer

    A properly executed Deed would supersede a Will. You would have to ensure the Deed is executed properly with the joint right of survivorship language and you do not want to transfer any property without consulting with an Attorney first.

    See question 
  • Estate que tstions,

    My mother in law passed 2 yrs. ago. and yes there was an estate lawyer. there was land and condo involved and sister n law is refusing to buy us out, saying we already signed it over to her. we did not such thing and have no paper work stateing su...

    Dana’s Answer

    You would require the help of both a probate attorney and a real estate attorney. You can request that property be Partitioned which would allow a sale, but you will need an Attorney to handle the same. You should also have an Attorney examine the Deed and land records as that will help related to ownership.

    See question 
  • Is their a form I can sign to prohibit an autopsy upon my death?

    I have anemia am age 57, It is possible I could die in my sleep. I also take medications that could cause death by only in not taken properly. I have no family other than my parent. If I die, I want everything to go to my parent and have set up ...

    Dana’s Answer

    While you can provide a preference in your Will, if you death is suspicious an autopsy will be required. You should consult an Attorney related to the use of a Revocable Living Trust. This could be a tool to allow you to avoid probate without the risks of joint ownership of your property.

    See question 
  • MOTHER AND SON ON DEED MOTHER DIES WHAT HAPPENS TO HER HALF

    HE HAS TWO SIBLINGS AND THERE'S NO WILL

    Dana’s Answer

    In order to properly answer that question, an Attorney would have to review the deed for the property which shows how the property was actually owned. Upon review, an Attorney would be able to tell you the exact steps necessary related to the property.

    See question 
  • Need a lawyer to settle estate can not get a hold of lawyer who started the estate filings. I live in Florida.

    ESTATE IS IN PENNSYLVANIA Can I hire someone in Florida or does in have to be a Pennsylvania lawyer.

    Dana’s Answer

    You would have to hire an attorney licensed to practice law in Pennsylvania to handle an estate being administered there. You may want to post this to attorneys located within the county where you need help to find another attorney to handle the matter.

    See question 
  • Do we need three attorneys for probate , one for each of the people who receive the assets or can one attorney handle.

    It is a simple life insurance settlement . with no other assets

    Dana’s Answer

    One attorney can handle for the estate. If there is a beneficiary dispute, additional attorneys may be required but with only one asset, the administration should be fairly simple.

    See question 
  • LIVING WILL QUESTION

    Would it be illegal to appoint my Primary Medical Doctor as the person designated in a Living Will ? I am 72 yr old female with no living relatives in the USA .

    Dana’s Answer

    • Selected as best answer

    You can appoint anyone who is willing to serve as your Health Care Surrogate under your Living Will. You should consult with your physician to ensure he is willing to serve.

    See question 
  • Who is in charge of property when left two 2 children and 1 grandchild? Is it majority rule- 2 out 3 for decision making?

    my grandmother passed away without a will. it has been decided that her two kids and one of her grandkids(the parent died when he was young) get her estate. we are having trouble agreeing on things. How are things settled. Majority rules? can 2 a...

    Dana’s Answer

    You would have to petition the Court to allow a Personal Representative to be appointed, one of whom you can all agree. Then the assets will be distributed per the law of intestacy in Florida, where all of your grandmother's children and potential grandchildren of deceased children will be the beneficiaries. You should consult an Attorney related to the steps you will need to take through Probate court.

    See question