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Keeley Canning Luhnow

Keeley Luhnow’s Answers

24 total

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

    There is only 2 legal heirs of my mother-in-law's assets. My wife and her sister. My wife's sister, whom is the probate administrator, signed with a realtor without letting us know how much the realtor's commission is. Later on we found out the re...

    Keeley’s Answer

    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 document that is filed with the court, she can also fill out a form called Request for Special Notice, which must be served on her sister (and her lawyer if there is one) and filed with the court.
    As the others have said, it is not a bad idea to get assistance from an attorney to see if you should file something with the court.

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  • Does power of attorney override conservatorship

    Ive POA and my mother has dementia. Ive decided it would be better if she lived with family to take care of her and my dad who has dementia as well. My mom is realizing that her independence is slowly going away and she aggravating every situation...

    Keeley’s Answer

    A power of attorney overrides a conservatorship, except that when there is conflict between an agent under power of attorney and a conservator, the conservator can ask the court to specifically rule that the POA has no further force and effect. The other problem is that the POA is technically revocable, although your mother likely no longer has capacity to revoke hers. If she got another person to help her fight against you, there is always a person out there who would help her revoke it despite incapacity. People put these documents in place hoping to avoid court involvement in their lives, but a POA does not allow you to do anything to her against her will. You may need the authority of a conservatorship to help her the way she needs help. You should consult a conservatorship attorney and take copies of all the documents with you. The attorney can help you determine if you need the conservatorship to do what you need to do to help your mother or if your existing documents are sufficient.

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

    I inherited land with my sister. We want to hold it jointly 50/50 split. We both live in different states. We want to hold it so that if either of us get divorced or have a personal legal situation the other persons 50% share of the land cannot...

    Keeley’s Answer

    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.

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  • My dad died intestate with an estate worth no more than $5k. Must I go thru probate for such a small estate?

    Dad never changed the beneficiary on his small life insurance policy to one of the children after Mom died. Also, dad owns heir property in another state.

    Keeley’s Answer

    If your dad own real estate in another state, you'll likely need a probate in that state. The life insurance may possibly be claimed with a small estate affidavit, if they don't have their own rules about the succession of beneficiaries (sometimes they already have a rule that says 1. Spouse, 2. children, 3. next of kin). You should talk to someone about the total value of everything your dad owns in every state and figure out what to do.

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

    I SIGNED A PAPER A YEAR AND A HALF AGO FROM A ATTORNEY THAT REPRESENTED MY FRIEND I OFFERED TO HELP HIM PAY HIS LEGAL FEES BUT I WAS UNDER THE IMPRESION IT WAS 1000 AND I KNOW I WAS DRINKING WHEN I WENT DOWN TO SIGN IT BUT I DIDNT KNOIW I WAS ACTU...

    Keeley’s Answer

    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 something, but a lawyer can help minimize the risk to you or reduce the amount you will pay.

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  • Where to file probate if person died in state other than residence

    uncle died in california, signed his will in same state and assigned an executor there. his last place of residence was in new york, worked, lived there. is there an estate amount that does and/or does not require probate? what is testamentary let...

    Keeley’s Answer

    A California will can be probated in any other state. If your uncle died in New York, then probate will be in New York, if it is necessary at all. If uncle owned real estate still in California, then there would be a probate here, either in addition or instead. Probate or some equivalent is required wherever a person owned real estate.

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  • What happens when i inherit a house with a mortgage still owed on it?

    does the bank require me to pass their credit/income requirements? can they force me to sell or take the house. it has a positive cash flow and covers the mortgage right now with a tenant. does the bank even have to know it has passed to me?

    Keeley’s Answer

    If you inherited the house from a parent, there are many lenders who will allow you to assume the loan under the current terms without a credit check, just because you are the child-heir. Not all of them, by any means, but they're out there. I'd be cautious about just letting it go for too long because the mortgage contract with the deceased person likely DOES have a clause saying the loan can be called immediately upon a transfer of the property. Also, if there are any problems or questions later, you won't have the authority to ask questions about the account because you aren't the account holder.

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  • When a person dies intestate, can emails be used in probate to show their intentions regarding their estate?

    My grandmother's close friend passed away last year. He had a will, but it's been "lost" according to his estranged children. When my grandmother lost her house to foreclosure, he purchased it at auction and she paid rent to him. He told her in...

    Keeley’s Answer

    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 legally enforceable document).

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

    thing to herself . It was witnessed by two of her Friends . My brother was in no condition ( can be verified by hospital ) to sign such a document . His mind was extremely incoherent . Involved is the original map created by my father , wit...

    Keeley’s Answer

    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.

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  • An estate contains 1/2 of a property. Will probate court order liquidation of the entire property or just the 50 percent?

    I am co-trustee of my mother's estate with my brother. Prior to her passing my brother and mother were 50-50 partners in the property. The estate owns 1/2 and my brother 1/2. He wants to divide the estate portion with me, with the result that ...

    Keeley’s Answer

    I disagree to a certain extent with the previous answers. It IS possible that the probate court would order liquidation of the entire property, but the judge wouldn't do it out of the blue, or "sua sponte" as we say in court. If you cannot agree on a buy out, distribution OR sale, then one of you could file a petition to request partition of the property. Partition would likely result in sale of the full property. If you sold only your interest, you are correct that the price of a fractional interest in a property would be discounted and not necessarily an equal 1/4 of the value of 100% of the property.

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