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Gene Edward Adkins

Gene Adkins’s Answers

37 total

  • CUT FROM WILL

    Can a parent literally cut one of their children out of their will? If child wants to move to another country/state over age 21, can parent threaten them with the absolution. Is this a federal rule or state?

    Gene’s Answer

    A parent can disinherit any and all of their children so long as the parent possesses the requisite mental capacity and is not under any undue influence, duress or coercion. Simply put, a person can leave his or her assets to whomever he or she wishes. The only person you cannot omit is a spouse without the spouse's consent.

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  • We lived in North Dakota before moving to Wisconsin. Is our ND will (2001) valid in Wisconsin or does it need to be redone?

    I note that the will cites ND statutes, hence my question.

    Gene’s Answer

    As long as the Will was validly executed in North Dakota while you were domiciled there, it is a valid Will in the State of Wisconsin. It is always a good idea, however, to periodically review your Will to make sure it is consistent with your current wishes. If your circumstances have changed it may be time to update or redo the Will.

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  • My mother and I were named as admin on my Aunts (mother's sister) will. I do not want to be on the will or receive the gift. OK?

    Everything was left to Mom and me. I don't want it.

    Gene’s Answer

    You can decline to act as a personal representative (executor) of your aunt's estate if were nominated in her Will. You should sign a probate document entitled Declination to Serve as Personal Representative or whatever it may be known as in your jurisdiction. Likewise, you can disclaim any or all assets that you are would inherit from her estate. To be a qualified disclaimer, it must be in writing, the property being disclaimed must be identified, the written disclaimer must be delivered to person or entity who is charged with the obligation to transfer the asset, and must be disclaimed within 9 months from the date of death. You cannot have accept any portion of the disclaimed asset and you cannot direct to whom it is to receive the disclaimed asset. You should consult a probate attorney who can give you more specific advice with the facts of your particular situation.

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  • Is someone who was left a special gift in a will considered an heir, if the conditions of getting the special gift were not met?

    My father passed away and left a will. In the will, he left a special gift to a friend. The gift was a life estate to his homestead as long as his friend continued to live in the home. It states that if this friend chose to no longer live in the...

    Gene’s Answer

    • Selected as best answer

    Under Minnesota law, in the situation you describe, the friend is consider a "specific devisee" and an "interested person" in your father's estate. The friend is not, however, an heir (assuming the friend is not a spouse, child, or grandchild of your father). If the friend is not mentioned in the residue clause, the friend is not consider a residue beneficiary either. Minnesota Statute 524.3-203 governs who has priority for appointment as personal representative. Devisees and interested persons of an estate can object to the appointment of a particular person as personal representative and can object to the Will. I suggest you consult a probate attorney who can advise you more specifically after reviewing the Will and all facts of your particular case.

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  • In "Statement of Family" in a will, natural children & step-children are listed, who is included in asset division to children?

    Wording in Statement of Family is: I have four children born of my body......... I have three step-children by my marriage to my late wife. Division of Assets wording is: I hereby give the remainder of my estate......... to my surviving childre...

    Gene’s Answer

    Children generally means the decedent's natural or adopted children whether legitimate or illegitimate but would not include step-children. However, the entire four corners of the Will must be read together to ascertain the testator's (the person who made the Will) intent. If there is any doubt, the personal representative/executor should petition the probate court for an order judicially interpreting the Will. All interest parties should be given notice of the hearing and have an opportunity to heard on whether it includes or does not include step-children.

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  • My mom and dad were divorced for 8 yrs. Her name was on his checking account so she could pay bills. He passed. Is the money her

    Dad passed on june 28 this year. My moms name was on the account so she took all the money and put it in hers after he passed. Even if they were divorced is she still entitled to the money or should it have been part of his estate. My dad didnt ha...

    Gene’s Answer

    If she was a joint owner on the account or she was named as a pay on death beneficiary on the checking account, then the statutory presumption under Minnesota's MultiParty Accounts Act (Minn. Stat. 524.6-201 et seq) is that it belongs her your mom. There are exceptions. The first is had your dad executed a Will before his death that specified a different disposition of the account. The second exception is if the estate is insolvent (meaning there are insufficient probate assets to pay all creditors' claims and final bills and expenses). The third exception is if there are insufficient non-exempt probate assets to distribute priority statutory family allowances and maintenance. The fourth exception is if there is clear and convincing evidence that your dad had a different intent with regards to the checking account. Your mom takes the account subject to rights of estate creditors. Additionally, your mom and dad's divorce decree may have address the account as well. I suggest you consult a probate attorney who can advise you on your specific situation and the proper course of action that may need to be taken.

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  • My husband passed away without a Will.

    Before he passed he went into the hospital for a major operation and we had to sign a Advance Directive and Medical Power of Attorney Designation of Health Care Agent . Can I use this as a Will if a person puts their life in your hands?

    Gene’s Answer

    I am sorry for your loss. The answer to your question is no. Those documents only allowed you to make medical decisions for your husband during is lifetime. They do not operate as a Last Will and Testament. If your husband died without a Will, he is deemed to have died "intestate". The Texas laws of intestacy dictate how his probate assets are to be distributed. There is not enough information here to determine that but at a minimum as a surviving spouse, you will be entitled to a share of his estate. I suggest you contact a Texas probate attorney who can advise you on what steps need to be taken to administer your husband's estate.

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  • I had put down earnest money on a home, but my financing fell through. Is my earnest money suppose to be refunded to me?

    The home was in such bad shape, that I could not get a loan, shouldn't the earnest money be refunded.

    Gene’s Answer

    The answer depends on what your purchase agreement provides. If there was a financing addendum signed by both the buyer and seller allowing you, as the buyer, to back out of the transaction if you were unable to obtain sufficient financing, and, if you met all of the other terms and conditions, then yes, your earnest money should be refunded to you. There may be other "outs" for you contained in the purchase agreement and addenda. You should consult with a real estate attorney who can review your purchase agreement with you and provide you advice on your particular situation.

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  • If a person is left a house, condo, IRA and a car in someone's will, does it all have to go through probate court?

    Beneficiary's name is on the car title with the deceased. There are outstanding loans on house, condo and car. The will has been read by a lawyer.

    Gene’s Answer

    The only assets that need to go through probate are those that are in the decedent's name alone at the time of death and that are not held in joint tenancy with any one else or have a beneficiary listed on the account or policy. From what you have listed, the car is not subject to probate because apparently a beneficiary was named on it. The house, condo and IRA would have to go through probate (assuming the IRA did not name a beneficiary).

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  • Can you collect on default owed on a Contract for Deed if you file a Notice of Cancellation of Contract for Deed?

    Debtor is default on Contract for Deed and Notice of Cancellation being filed which gives debtor 60 days to resolve and debtor has no plan to pay. After the debtor leaves the property, what recourse does the creditor have regarding collecting th...

    Gene’s Answer

    • Selected as best answer

    Minnesota generally follows the legal rule of "election of remedies" in the context of contract for deeds. A contract for deed vendor (i.e. the seller) essentially has two options. First, the Vendor can serve a Notice of Cancellation of the Contract for Deed, setting forth all of the Buyer's defaults under the contract. The Buyer then has 60 days to redeem -- that is to pay all amounts in default current plus any amounts that become due during the redemption period. If the Buyer does not redeem within the 60 day period, Seller gets the property back plus gets to keep all payments Buyer made under the contract for deed. The second option is the Vendor can sue the Buyer for all amounts in default under the contract for deed but elects not to cancel the contract. Under most circumstances the Vendor cannot do both because the Vendor as "elected" his remedy - cancellation or a lawsuit for monetary damages. There may be certain exceptions that may apply to your particular case. I would suggest you consult with a real estate attorney who can review your entire situation and give you advise on what options you may have.

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