Keeley Canning Luhnow’s Answers

Keeley Canning Luhnow

La Jolla Probate Attorney.

Contributor Level 8
  1. When a person dies intestate, can emails be used in probate to show their intentions regarding their estate?

    Answered over 1 year ago.

    1. Keeley Canning Luhnow
    2. Christine James
    3. James Allen Barringer
    4. Michael S. Haber
    5. James P. Frederick
    5 lawyer answers

    A lost will can be probated if you can provide evidence that it was inadvertently lost and isn't missing because it was revoked or destroyed by the person making the will. If you believe there was a will and that his children may have destroyed it themselves, you may have recourse for that, as well. However, when a person dies intestate, with no will, the law will require distribution to his heirs, regardless of who they are and what the person said they wanted (if they never put it in a...

    7 lawyers agreed with this answer

  2. I am one of the beneficiaries of a life insurance plan which was owned by my recently deceased mother.

    Answered over 1 year ago.

    1. Keeley Canning Luhnow
    2. Steven M Zelinger
    3. John Noah Kitta
    3 lawyer answers

    If the life insurance is regular, term life insurance, then you will not owe any taxes on the insurance policy. If the policy was an annuity that earned income, then income taxes may be deducted on both the state and federal level before you are paid the balance. If your mother died this year, you only need to worry about estate tax if your mother died with more than $5m in assets.

    Selected as best answer

  3. How do I best hold inherited land with my sister 50/50 split to maximize legal protection and minimize tax?

    Answered about 1 year ago.

    1. Charles Adam Shultz
    2. Keeley Canning Luhnow
    3. James P. Frederick
    4. David Allen Hiersekorn
    5. John P Corrigan
    6. ···
    7 lawyer answers

    All of these attorneys have offered good advice, but what you really need to do is talk to an attorney in Mississippi. You need to find out what the law is in THAT state before you take or change ownership, put things in trusts or set up an LLC. State law varies and what works in your state or your sister's state might not work in Mississippi. Plus in some states an attorney is required for any change of ownership of real property, so you might need an attorney in Mississippi anyway.

    6 lawyers agreed with this answer

  4. SOMEONE IS TRYING TO PUT A LIEN ON MY PORTION OF MY DADS PROBATE BECAUSE HE SAYS I OWE HIM 10,000

    Answered over 1 year ago.

    1. Donny Emil Brand
    2. Keeley Canning Luhnow
    3. Charles Adam Shultz
    4. Gregory Paul Benton
    4 lawyer answers

    You need to consult an attorney. If you were drinking when you signed the contract, there might be issues relating to the validity of the contract you signed. That being said, you should also contact an attorney about the liens. You may or may not be able to do something about the liens. It makes a difference if you're inheriting under a will or no will, how they are claiming the money owed to them and a number of other factors. If you owe the money, you probably will end up having to pay...

    5 lawyers agreed with this answer

  5. Leaving Separate Property Real Estate (residence) to Daughter not Husband.

    Answered over 2 years ago.

    1. Keeley Canning Luhnow
    2. Doris Esther Mitchell
    3. Rosemary Jane Meagher-Leonard
    4. Bruce Edward Peotter
    4 lawyer answers

    If the refinance was an equity line, as many are when they take out cash, it is treated differently than a mortgage. Your mother has an absolute right to gift her separate property to anyone she wants to. If her husband has contributed funds to the payment of the mortgage or any improvements, then he may be able to claim some kind of reimbursement, but not the house. The rules are very complicated when family law and probate law overlap. Your mother in law should go ahead and make a will (...

    5 lawyers agreed with this answer

  6. My brother became terminally ill in July. He passed in Oct. Three days before he died, my sister created a will leaving every

    Answered over 1 year ago.

    1. Christine James
    2. James P. Frederick
    3. David John Tappeiner
    4. Steven M Zelinger
    5. Laura Rose Mismas
    6. ···
    6 lawyer answers

    I second all of the above. You should have gotten a lawyer in October. A good lawyer can help you contest the will. You need a will contest to show that your brother could not have known what he was signing and/or he was under undue influence by your sister.

    4 lawyers agreed with this answer

  7. My husband passed away. I have Power of Attorney...he had 5 storage units for business. Just emptied one today.

    Answered over 1 year ago.

    1. Larry Dale Webb
    2. Keeley Canning Luhnow
    3. Ryan Vancil Esq
    4. Kelvin P. Green
    4 lawyer answers

    As the previous attorneys stated, the office person is correct that you have no authority under a power of attorney after your husband's death. If he consults with corporate, they will not "work with you", they will tell you to open a probate. Find a probate attorney in your area to get assistance. You may be able to use a Small Estate Affidavit or Spousal Property Petition or some alternative to a full probate.

    4 lawyers agreed with this answer

  8. Los Angeles County, Ca.: If I put my 50% of house into a Revocable Living Trust, will the property taxes remain the same?

    Answered almost 2 years ago.

    1. Eric Jerome Gold
    2. Keeley Canning Luhnow
    3. Jared Reed Callister
    3 lawyer answers

    If you put your half into your trust, then there is technically no change in ownership. You do not need a claim for property tax exclusion, you just need a Preliminary Change of Ownership Report to go with your deed. If the estate attorney puts your interest in the house into your trust, then the attorney will likely complete this form for you as well.

    4 lawyers agreed with this answer

  9. Personal Representative sending out accounting: Mom passed and the probate was closed on 11/2010. Still home to be sold.

    Answered almost 2 years ago.

    1. Keeley Canning Luhnow
    2. Todd N Hallock
    3. Eric Jerome Gold
    4. Eric Brian Swartz
    5. James P. Frederick
    5 lawyer answers

    If the probate is closed, then the person who was PR is basically now the property manager and this may be a contract or property question, not a probate question. If the probate has not actually closed, depending on the laws of the state where the probate occurred, you are likely entitled to annual accountings. If the PR signed a lease and it is not a month to month rental, that may be why the for sale sign went down. If the probate is still open while this is happening, then the PR will be...

    5 lawyers agreed with this answer

  10. Probate administrator never tells us anything before she does anything for the probate. What should we do?

    Answered about 1 year ago.

    1. Christine James
    2. Gregory Paul Benton
    3. Celia R Reed
    4. Keeley Canning Luhnow
    5. Ernest Joon Kim
    5 lawyer answers

    In addition to the answers already provided, when selling real estate, the Administrator does have to serve a Notice of Proposed Action on your wife with the terms of the sale. You wife can consent, object or ignore it (which is viewed as consent). She does not have authority to give more than market value for the commission, so your wife should have recourse. Your wife is entitled to notice of anything that requires a hearing, but if your wife wants to be served with a copy of every single...

    3 lawyers agreed with this answer