Sherrille Diane Akin’s Answers

Sherrille Diane Akin

Columbus Estate Planning Attorney.

Contributor Level 13
  1. Can a trustee be changed by a new will

    Answered over 2 years ago.

    1. Sherrille Diane Akin
    2. L Christopher Arvin
    3. Arthur Harold Geffen
    3 lawyer answers

    Hire an estate/trusts litigator immediately. If your in-laws' estates are being probated in Florida, then you need to have a Florida attorney. Someone from the area where they lived and who is experienced in the local courts would be preferable. A Will doesn't name the trustee of a revocable living trust (who's trust was it?). In Florida, there are deadlines for filing adversary proceedings in probate and a number of procedural steps that someone proceeding pro se is not likely to satisfy....

    Selected as best answer

  2. Exhusband died, no children , we were close til death. will from before divorce never changed. is it still valid?

    Answered over 2 years ago.

    1. Edward Joseph Smeltzer II
    2. Sherrille Diane Akin
    3. Steven J. Fromm
    3 lawyer answers

    A NJ attorney will need to answer this. Some states have laws that provide that an ex-spouse is considered to predecease the decedent with respect to wills, life insurance beneficiary designations, etc. signed before a divorce. If NJ has this type of law, then you may not have any interest under the Will. Hire an attorney to advise you on this point. Best wishes to you.

    7 lawyers agreed with this answer

  3. My In-Laws, both in their nineties, one with Alzheimers and the other Dementia. They have wills and I have complete POA.

    Answered over 2 years ago.

    1. Sherrille Diane Akin
    2. Jennifer E Mandell
    3. Cynthia L Miller
    3 lawyer answers

    Your in-laws are fortunate to have you watching for their interests. In that light, you really need to find an elder law attorney with experience in medicaid qualification to advise you concerning options for them. Reverse Mortgages are expensive money from my viewpoint, but sometimes can play an important role in long term care planning. An elder law attorney who is experienced in medicaid eligibility in the state where your in-laws reside will be able to explain the asset and income...

    7 lawyers agreed with this answer

  4. If a living trust has an expire dt 2010 is it still valid

    Answered over 2 years ago.

    1. L Christopher Arvin
    2. Sherrille Diane Akin
    3. Paul A. Smolinski
    4. Aida Milagros Del Valle
    4 lawyer answers

    I agree with my colleagues. Maybe the notary license of the person who witnessed the signing of the trust expired in 2010, but trusts don't expire. They terminate upon the occurance of stated events (someone dies, beneficiaries reach X age, etc.) If the document indicates who prepared it for the grantor, call that attorney and request an appointment. Sounds like there will be lots going on with respect to this individual, so you should have someone experienced look at this document and...

    7 lawyers agreed with this answer

  5. I believe my brother is cheating me out of our mothers estate. Unwilling to provide copy of will to me, or tell me about lifeins

    Answered over 2 years ago.

    1. Sherrille Diane Akin
    2. Paula Brown Sinclair
    3. Charles Lawrence Huddleston III
    3 lawyer answers

    Your decription of this unfortunate situation leads me to suggest that you retain your own attorney to represent your interest in this estate immediately. You or your attorney should review the court file ASAP to see whether your name is listed on the Form 1, names of beneficiaries and next of kin which is required to be filed with every probate estate to notify the court of the names and addresses of each person interest in the estate. Life insurance is typically not part of a probate...

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  6. Can a WILL affect designations in a TOD for Inv Acct (in Ohio)? TOD was signed 6 days before death in poor mental health/state

    Answered almost 2 years ago.

    1. Sherrille Diane Akin
    2. Justin Jay Watling
    3. Charles Lawrence Huddleston III
    3 lawyer answers

    Please accept my condolences on your loss. My colleague is correct that a Will does not affect title to assets. So, payable on death or beneficiary designations filed for assets will govern the disposition of an asset. You would have to challenge the omission of the asset from your father's estate, which is not an easy thing to do. The court presumes the designation is valid and you have to show that your father lacked contractual capacity to sign the TOD document. This is a much easier...

    5 lawyers agreed with this answer

  7. Is there a fee to have money distributed from the estate to pay for funeral expenses.

    Answered almost 2 years ago.

    1. Justin Jay Watling
    2. Sherrille Diane Akin
    3. Michael Leo Potter
    4. Steven J. Fromm
    5. Howard Aaron Lazarus
    5 lawyer answers

    I've got no clue exactly what this attorney is talking about. If the estate has been opened, all you have to do is file a claim with the executor/administrator of the estate. My colleagues are correct in that the executor/administrator is the one who is in charge, not the attorney. The court isn't even involved in this process except if the executor denies your claim and refuses to pay it. DO THIS NOW. There is a 6 month statute of limitations for payment of estate debts, meaning that you...

    5 lawyers agreed with this answer

  8. If i have durable power of attorney and get sent to prison, does that revoke my privileges

    Answered almost 2 years ago.

    1. Sherrille Diane Akin
    2. Andrew Michael Korduba
    3. Joseph Franklin Pippen Jr.
    4. James P. Frederick
    4 lawyer answers

    Please accept my condolences on your loss. My colleagues are correct in that your mother's death (not your incarceration) terminated any authority you had under the power of attorney document. At someone's passing, no family member has an automatic right or authority to "take over." Rather, the court appoints an executor (if your mother left a Will) or an administrator (if she died without a Will) to handle your mother's final affairs. If your mother did not leave a Will that names someone as...

    5 lawyers agreed with this answer

  9. My son is 2 and got a settlement of 10,000 in a trust fund til hes 18. can i have the money now to supprt my family?

    Answered almost 2 years ago.

    1. Sherrille Diane Akin
    2. Charles Lawrence Huddleston III
    3. James P. Frederick
    3 lawyer answers

    You should consult with your attorney on this matter and follow his advise. However, as a general matter, this money belongs to your son not you and is not to be used for the support of any one. Of course you intend to pay back the money by the time your son is 18, but that is not the point. You would owe him the money plus the income and growth the funds would experience over the next 16 years as well. Often times, courts require settlements such as this be placed in a trust account for the...

    5 lawyers agreed with this answer

  10. If the probate juge tells the trustee, he must sell the personal property first, but the trustee dosn't, he sells the farm land

    Answered almost 2 years ago.

    1. Sherrille Diane Akin
    2. Kaye P Willi
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    You should retain an experienced estate litigator who practices in your county immediately to review the facts and determine what your interest in the estate is. Personal property (translation: stuff) typically has little to no value unless it is big items like farm equipment, etc. You are unlikely to obtain the answers you want or need from a site like this because those answers are heavily dependent upon all of the facts of your case. Best wishes to you.

    5 lawyers agreed with this answer