Thomas Eugene Stindt’s Answers

Thomas Eugene Stindt

Los Angeles Trusts Attorney.

Contributor Level 10
  1. What does the Primary Attorney-in-fact on a Power of Attorney have to tell the backup Attorney-in-fact in Pennsylvania?

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    I am not a Pennsylvania attorney, so I am trying to give you some generalized information. You really should have a consultation with a PA attorney on this subject. The language of the power of attorney instrument will specify whether you and the other named agent are co-agents or whether the other person is the actual attorney-in-fact named, and you are named only as the second to serve, in default of the first person named's availability to serve. This can create confusion, as you have...

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  2. My father passed away and I need to know what rights I have as opposed to his wife.

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    In most American jurisdictions, the probate law generally requires the custodian of an original Will to file it with a county clerk or court clerk for safekeeping; to probate it; or ti send it to the executor or alternate executor, named in the Will, within certain time limits. There are sanctions which vary among states if one of those things isn't done. However, it isn't advisable to wait for someone else to act. You could write to the surviving spouse, keeping a copy of your letter,...

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  3. If I am named in a will in probate can I get a copy of the will?

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    Since you may go to the probate court clerk's office and buy a copy of the petition for probate, which should include a copy of the Will, there should be no reason why the estate's attorney wouldn't send you a copy. You may wish to send a polite request letter and offer to pay the costs of copying, and send them a return-addressed, stamped envelope. Always be cautious before writing to the executor or the estate attorney; some Wills have very broad definitions of acts of interference with...

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  4. If I place a living trust as the beneficiary to my life ins. policy instead of my husband, what would the tax implications be?

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    2. Eric Michael Allen
    2 lawyer answers

    Part of the estate planning process is the coordination of beneficiary designations with the disposition intended by the estate plan. If you make your husband the beneficiary of the typical life insurance policy, he will receive the policy proceeds outright, and can invest them as he chooses, or he could buy a boat. Your wishes as he understood them may or may not be followed. A marital deduction is available for an outright gift to your spouse in the above illustration, so the...

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  5. My father recently died. He left a will. He has much more debt than assets. Does his will need to go through probate?

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    You may want to probate the Will anyway, since you are the Executor. Estate administration expenses, including executor's fees, are a priority item and will prevail over creditors' claims. You may even have an expeditious, abbreviated probate process in your state for small estates, simplifying the usual probate administration process. Probate will also cut-off claims and generally the creditors will know to stop calling or writing after they have received the notice of action on their...

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  6. Are the children responcible regarding a reverse morgage after mother's death.

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    You don't inherit your mother's debt, or the "obligation" to this lender. That obligation is secured by the affected property. If you open an estate, you will want to find some liquidity--and it may be hard to borrow on this property as it presently exists--to make the property rehabilitation necessary to sell it and pay-off the reverse mortgage. After you pay for that borrowing, the remediation of the home and septic system, plus pay the probate fees and sales costs, you could still have...

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  7. If a will does not state that the executor gets paid can the executor pay herself?

    Answered over 5 years ago.

    1. Janet Lee Brewer
    2. Thomas Eugene Stindt
    2 lawyer answers

    If your father was named as Executor in the Will, and he declines to serve, for whatever the reason, then whether or not he would have served for free in such capacity, has nothing to do with the right to compensation of whoever does so serve. Each state has a statutory system of priorities for seeking appointment as Personal Representative of a decedent's estate. Typically this is based on intestate succession and relationships to the decedent, with the closest kindred having the highest...

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  8. My Mother put my neice in her will,My neice needs a kidney. If she dies will her husband get my neice's share?

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    The answer depends upon two things: (a) whether there is a survivorship condition on the gift to the niece; and (b) the anti-lapse statute in your State. Assume hypothetically that there is no survivorship condition, i.e., that the bequest is to "my residuary estate to my children John, Sally, and Linda and my niece, Jane, in equal shares." If Jane predeceases the testator (your Mom), typically her gift would fail, and fall into the residue of the estate, to be re-divided in this hypo among...

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  9. As executor if my parents are gone, am I liable for any debts or bills they still have outstanding. Is that part of the estate.

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    2. John M. Kaman
    2 lawyer answers

    I would answer that the second response above is essentially correct, because as Executor you don't take on the debts of your decedent, you just administer his probate estate. However, your hypothetical question seems to assume first, a case in which one parent is deceased and one is living. If you qualify to serve and letters are issued for the pre-deceased spouse (your parent), you need to complete the estate administration correctly. You wouldn't "inherit" the debt of that parent, but if...

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  10. What is proper way to sign a small estate affidavit?

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    There are some things for you to check on before you start to prepare and sign a Small Estate Affidavit. First, you don't mention the order of deaths. Did your mother predecease the relative who left her the pecuniary bequest? If so, the gift to her may have failed, unless the applicable state anti-lapse statute saves otherwise failed gifts for issue of the named beneficiary. Second, was there a condition of survivorship attached to this pecuniary gift to your mother? If so, she would...

    1 person marked this answer as helpful