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Keenan M. Post

Keenan Post’s Answers

359 total


  • Found my fathers will

    My dad passed a few years ago - My brother who was (supposidly) taking care of all my parents affairs claimed there was NO WILL However I now have proof that there was indeed a will - I am named as one of the beneficaries HOW do i proceed

    Keenan’s Answer

    I agree with the first two answers; you must determine what would be different between the Will and how the property was distributed; no harm no foul to a large extent. If there are no measureable damages, even if you are correct the Will should have been filed, if you were not damaged there is no reason to go to war. Good luck.

    LEGAL DISCLAIMER
    Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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  • Can a judge sell the house if the heirs are in agreement to split the property in Texas?

    Heirs agreed to split property and have one heir to buy out the part of other. The decision was made by the court to place an application of sales. Several mediations discussed the agreement and they were not approved. How can this decision be re...

    Keenan’s Answer

    File an appeal. If not that, when the house is put up for sale have the heir that wants to buy, buy it. The proceeds will go into the estate and split - problem solved. Oftentimes judges will approve such orders to get the parties off of dead center, that may or may not be the case here.

    LEGAL DISCLAIMER
    Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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  • Legal rights of an inheritor who is not the administrator.

    My brother and I inherited a condominium 50/50. The apt. is still in probate. My brother was named executor of the will. Somehow, he has misinterpreted the power that being executor gives him. He is making decisions on his own without consulti...

    Keenan’s Answer

    A practical questions becomes do the improvements add more value than the cost and does the delay in making the improvements incur more costs (taxes, utilities, insurance, risk of vandalism, etc.) that the increase in value. These are practical and if objectively the decisions are poor you should file a petition with the court to require a sale of the real estate to keep your brother from delaying the final sale and distribution. If he is living in the condo that could be a reason for the delays and improvements; he does not want to pay for his own place. Good luck

    LEGAL DISCLAIMER
    Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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  • Probate

    My father in laws will and trust are in probate. I was told it will probate untill Feb.2010. Does that mean nothing can be distributed or sold ex: the house etc.. untill the probate period is over?

    Keenan’s Answer

    I agree with Mr. Smeltzer; there are a number of unique factors to consider. If the time for creditors to file claims has passed, and if the assets are relatively easy to value, I oftentimes encourage a partial distribution retaining a significant amount of assets to cover all taxes, etc. with a large cushion for unexpected changes in valuations by the IRS, etc. Another reason partial dist are not made is it adds costs to the overall administration and if the final distribution will be a few months later it generally is not worth making a partial early.

    Good luck.

    LEGAL DISCLAIMER
    Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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  • Can I evict brother & free Loaders

    I am the executor of my fathers estate , accourding to will, we share the estate. He and his free loaders have beeen there for 2 years and never paid . We did have a verbal agreement of 300.00 a month for each person. Who cares I want them out. ...

    Keenan’s Answer

    If you are still acting as executor you have a duty to marshal and administer the assets of the estate and if there are assets that are not productive you need to make them productive. Furthermore, an estate needs to be wrapped up and distributed in a reasonable period of time, which is generally less 12 months unless there are difficult issues. You should probably give notice to vacate under TX law adn get the house in order and on the the market. I am surprised the court has not been getting after you to close the estate. In KS the estate has to be closed in 9 months without court approval Good luck

    LEGAL DISCLAIMER
    Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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  • What would the executor fee be on an estate worth 650,000 in NJ?

    What per cent is used 6% or 5% plus 3.5%?

    Keenan’s Answer

    The estate attorney should be able to address this issue with specificity versus a guess.

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  • Should I ask for my sisters keys back if I am Executrix to his estate and I need to protect his home and belongings?

    I was made executrix to my fathers will. I also have family who will share in his estate especially his home after it sells. I need to know if I am able to ask for their keys back until this is settled so that I can protect the property and everyt...

    Keenan’s Answer

    Your attorney should advise you in this regard if he has not. In any case, you are responsible to safeguard and administer the assets of the estate so if something is stolen, destroyed, etc on your watch you can bet the judge will not look favorably on your actions, or inactions. To ensure there are no other keys floating around you really should hire a locksmith and change all locks to the house, secure valuables, and keep proper insurance in place. Good luck.

    LEGAL DISCLAIMER
    Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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  • Do I have to pay taxes on cash that was found in my deceased father's house?

    We are a large family and were going to divide the cash into equal portions.

    Keenan’s Answer

    If your father's net estate exceeds $3.5 million for federal estate tax purposes (if he died in 2009; $2 million for 2008), there would be federal estate taxes due on all assets in excess of said amounts. When a person dies you are required to include all property for determining if an estate tax return is required to be filed. What we find most often is that valuable personal property and cash, jewelry, and other items of high value with small size, magically grow "chia" legs and run away and dissappear. I am not familiar with OR law on estate taxes or whether your father may have made lifetime gifts that could impact the overall estate tax situation. I suggest you consult with a local estate/probate attorney or CPA. Good luck.

    LEGAL DISCLAIMER
    Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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  • My Brother is listed as the executor of my dads will and i am listed second he has done nothing , How do i have him removed as e

    How do i have him removed and changed over to me , my dad passed july 8 2009 my brother has done nothing and i would like to get the ball rolling .. thank you

    Keenan’s Answer

    If he has been appointed by the court petition to have him removed. If he has not been appointed, you need to file the will with the court seeking to have yourself appointed as executor - if your brother objects you can explain to the court why you should be named executor. Get an attorney soon.

    LEGAL DISCLAIMER
    Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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  • If the beneficiary of my life insurance policy is my estate, is the payout subject to estate taxes when I die?

    If the beneficiary of my life insurance policy is my estate, is the payout subject to estate taxes when I die?

    Keenan’s Answer

    I agree with the info in the first two responses. Depending on variety of factors it may be wise for you to transfer ownership of the policy to the same people you would like to receive the death benefits (such as adult children). If you survive the transfer by 3 years the proceeds will not be included in your estate at all. However, as owners in my example, the policy could be jeopardized by the chidlren's creditors (spouses, business partners, etc.). Lots of facts to analyze which should be no problem for a skilled OH estate planning attorney. Good luck.

    LEGAL DISCLAIMER
    Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

    See question