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Hannon Taylor Ford

Hannon Ford’s Answers

124 total


  • Inheritance transferral to daughter

    I am coming into an inheritance in the near future from my father and am wondering if I wish to have this transfered from myself as beneficiary on the Probate and Will documents to my daughter entirely or portioned between all his grand children w...

    Hannon’s Answer

    There are good ways to do what you ask. However, you really should consult with an Estate Planning attorney to make sure that it is done properly. A couple of hints: If this is to avoid making assets available to nursing home, the disclaimer (that is what it would be called in the probate) is also treated the same as if you inherited it, and then gifted it. Also, if that is not an option because of what the Will or Trust says, then you may just inherit and then gift to anyone you choose. Gift tax only becomes an issue if your estate is over about a million.

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  • Is it a conflict of interest to have the same attorney do up separate wills for a married couple?

    Is it a conflict of interest to have the same attorney do up separate wills for a married couple? Shouldn't the parents of children agree to where minors should be placed and have the same thing in their separate wills? What happens if the paren...

    Hannon’s Answer

    You are correct, there is a conflict of interest there that could require each of the married couple to hire their own attorney. Most attorneys will have an agreement that will notify the couple of the possible conflicts. If both of the individuals (married) agree, the one attorney could represent both of them if there is agreement between the married couple. If they can't agree, then they really must get separate attorneys.

    In that case, the spouse who lives the longest gets to decide who the guardians are going to be. This is because the first spouse to die gives up custody to the second spouse and the second spouse's will would nominate the final guardians/conservators for the minor children. There is no required signed form that the other parent must sign. You can only terminate a parent's rights in court, there is no magic form to overcome their designations in the Will. Best wishes.

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  • Can a felon be executor of estate in Minnesota

    my brother is appointed executor of my mothers estate he is a convicted felon for drugs and is an active alcoholic who has been sent to detox a few times he refuses to get help for his addictions. The other heirs to the estate are concerned.

    Hannon’s Answer

    In MN the statutes state that:

    524.3-203 (f) No person is qualified to serve as a personal representative who is:

    (1) under the age of 18;

    (2) a person whom the court finds unsuitable in formal proceedings

    Your question focuses on number 2, wether or not the person is unsuitable. As stated previously, should you be able to prove he is unfit as personal representative, then he cannot serve. Otherwise the court will follow the wishes as stated in the Will. Use an attorney to deliver the right message to the court and remove the unwanted P.R. best wishes.

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  • My mother passed recently and had a lawyer prepared Will. Would I (Named PR) be wise to hire a Probate Attorney?

    My Mom's estate qualifies for Informal Probate In Minnesota, and it seems that it should be relatively easy for me to Probate the estate myself, but I'm a terrible procrastinator, and also have no desire to seem like an idiot to the Probate Court....

    Hannon’s Answer

    I would always recommend using an attorney to go through the probate process. Although I am biased as an attorney. I have seen far to many "Pro Se" (Latin for do it yourself) mistakes and problems not to use legal counsel to get through probate as quickly and properly as possible. That said, if you decide not to use legal counsel, there are many court clerk's with do it yourself forms you can use if you do decide to go it on your own.

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  • Found papers that may be important to a Will - how do I protect them and me?

    Family attempted settlement agreement for equal funds to all devicees, but due to content it failed. Recently, I found detailed info in handwriting explaining all nbrs “found” previously. Including stmt “plus equal disbursements of all assets afte...

    Hannon’s Answer

    From your information the papers that you found will not be useful to change the court's opinion of the Will or other Legal Document. If the Will or other document is too vague for the court to understand, the documents "may" be used as evidence of the Testators (Will maker's) intention. I doubt that these documents would matter at all. If you are concerned that turning them over would "make them dissappear", make a copy for yourself and then turn over what you found. The answer to 2 is, its up to you, but I doubt it matters. 3 depends on what the lawyer is trying to do to you, and 4. The papers are insignificant to any probate proceedings except for the one mentioned, unless they are actually a Will (which you did not indicate).

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  • Our brother has P.O.A for our mom. He doesn't want it anymore. Can he leagally sign it to a sister? Our mom is not capable.

    Our mother has Alzheimers and is in the late stage. Our brother no longer want to be the P.O.A and wants to transfer the P.O.A to a sister. Can he sign the paers to do so?

    Hannon’s Answer

    An Attorney-in-Fact that has a Power of Attorney for someone else cannot legally sign it to a sister. As mentioned in the other posts, the Power of Attorney may provide for a way to allow someone else to take over as successor or as someone with delegated authority. To know for sure the document needs to be reviewed. I recommend avoiding Guardianship if at all possible, because of the expense and reporting requirements.

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  • I opened a trust account in one bank know i need to open a differnt account can i just transfer funds

    moved bank accounts

    Hannon’s Answer

    There is not enough information about the Trust or the accounts and what you want to accomplish in your question. The answer has to depend on the rules of the Trust, the account you opened and want to open.

    Very likely, you opened up the other account and so you can open a new one, then transfer the funds. I recommend you take the matter to a good estate planning attorney to review the trust requirements and your goals before taking any action prematurely.

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  • Does a transfer of home ownership supercede a will?

    My dad and stepmother made out a will that divided their estate equally between his 3 and her 2 children. Unbeknownst to my family, my stepmother transferred the title to the house to her daughter after my dad's death. My stepmother has since di...

    Hannon’s Answer

    The answer will depend upon the ownership of the property at the time of your father's death and what his will said. Most likely, it left everything to the spouse on the first death and then legally she can do whatever she wishes, including changing her own will.

    To answer your question with any surety, you have to take the information to a good estate planning attorney and let them look over the Will and the Property Ownership. Best wishes

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  • In Minnesota, can a paralegal set up a trust or does it require a lawyer?

    We need to put my father's house into a trust for his partner. My sister and I are the trustee's.

    Hannon’s Answer

    In MN a paralegal cannot give legal advice under the Unauthorized Practice of Law Regulations. A paralegal can (under instructions of a licensed attorney) prepare a Trust. It sounds like your father's Will has already created a trust, and just needs to be probated to do so. It is the probate process that fulfills the wishes in the Will. You should take this to an estate attorney to complete.

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  • Can a probate estate be finalized when there is a contract for deed on real estate?

    My father passed away and had a contract for deed on his property with my brother. I am the personal rep and am not sure if my brother needs to pay the contract for deed in full in order to distribute estate equally among the heirs, or can the es...

    Hannon’s Answer

    A contract for deed can be assigned to the beneficiaries in order to close the estate. This would be done through the probate court. Best wishes

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