Dwight Edward Tompkinsā€™s Answers

Dwight Edward Tompkins

Orange Estate Planning Attorney.

Contributor Level 11
  1. My father told me he made a new will in 202 the exector rea when fromm 1999 and said there was no other will how do i find out

    Answered almost 4 years ago.

    1. Dwight Edward Tompkins
    1 lawyer answer

    You should conduct as much as an investigation on your own as you can. Begin by contacting your father's attorney and request a copy of all wills and codicils of your father. If you have access to his home, look for the newer will, look for business cards of attorneys, accountants, or other professionals your father may have used. Your father may have made the 1999 will with one lawyer, but used someone else in 2002. If a newer will existed, and the executor or someone else destroyed it,...

    1 person marked this answer as helpful

  2. What do I need to do/or what forms to file to get Power of attorney of my sister who is in a Nursing Home in PA.

    Answered almost 4 years ago.

    1. Dwight Edward Tompkins
    1 lawyer answer

    A power of attorney is given by a person who generally known as the principal. In this case, your sister was the principal. The principal may revoke a power of attorney by executing a new one, however, the principal must have legal capacity to do so; otherwise it is legally ineffective. From the facts which you have given, it appears that your sister may be incapacitated. You should consult with her treating physician to ask whether she has capacity to make legal decisions. If she does...

    1 person marked this answer as helpful

  3. Is a hand written, notorized power of attorney legal?

    Answered about 3 years ago.

    1. Alan James Brinkmeier
    2. Dwight Edward Tompkins
    2 lawyer answers

    I agree, the mere fact that the power of attorney is handwritten is not a problem. The problem is that there are various kinds of powers of attorney. Even if the power of attorney has all of the legal elements contained within the document, it may still fail if a 3rd party will not recognize it. For example, if the power of attorney gives the agent power to handle bank accounts, but it is not specific enough (bank name, account number, etc.), the bank may reject it as too vague. Some...

  4. Is "pay on death" or "transfer on death" good enough?

    Answered over 3 years ago.

    1. Dana Lynn Luetzelschwab
    2. Scott D Rosenberg
    3. Dwight Edward Tompkins
    4. Eliz C A Johnson
    4 lawyer answers

    Sure, you could do it that way, but I believe the testamentary trust will have to be created by the probate court, as the beneficiary of your POD accounts will be the estate. You will save money during your lifetime by avoiding the creation of a living trust, but the costs and fees of probate will most likely be greater than the cost of the creation of the living trust. In other words, you will save money, but your estate will not. You should review this plan with an estate planning...

  5. What is the tax burden on a home that is in a living trust

    Answered over 3 years ago.

    1. Dwight Edward Tompkins
    2. Robert Jan Suhajda
    3. Marlene Sue Seltzer
    4. Henry Daniel Lively
    5 lawyer answers

    It somewhat depends on the year that the decedent passed away. Generally, the tax basis "steps up" to the fair market value on the date of death. If the property is sold within 6 months of the date of death, then you can use the sale price as the FMV. If the decedent died in 2010, the rules are more complicated, because the "step up" in basis was eliminated for 2010. Estates in 2010, got the "carry over" basis. There are some ways around this that can't be gone into here. You should...

  6. Trust

    Answered almost 4 years ago.

    1. Scott D Rosenberg
    2. Dwight Edward Tompkins
    3. Robert Jan Suhajda
    3 lawyer answers

    Generally, a testamentary trust is created at the conclusion of the probate estate. The probate estate is concluded according to the terms of the Will. The trust then operates separate from the probate estate as it is a separate legal entity. If the trust provides a power for the trustee to hire attorneys and pay their compensation, then the trustee may do so based on the powers granted the trustee in the trust. There is no need to reopen the prior probate estate.

  7. What is the process to amend a death record from Hampton, Virginia?

    Answered almost 4 years ago.

    1. Dwight Edward Tompkins
    1 lawyer answer

    Google the Virginia Department of Health, Office of Vital Records. You can either email or write a letter, Attention Special Services Dept., Office of Vital Records, and make your request. They will contact you.

  8. Power of Attorney (agent)

    Answered almost 4 years ago.

    1. Scott James Golightly
    2. Dwight Edward Tompkins
    2 lawyer answers

    Agency under power of attorney terminates when the principal passes away. The bank account or other assets become part of the decedent's estate, and generally, the estate's personal representative, the executor nominated in the will (if any) or the administrator or other personal representative appointed by the court (if there is no will) takes control of the bank accounts and other assets.

  9. If there is money left in probate and I am a surivior then why would I not be receiving any assets if I am in the will?

    Answered almost 4 years ago.

    1. Cheryl K. David
    2. Dwight Edward Tompkins
    2 lawyer answers

    Has there been a final distribution ordered by the court? If the probate case is still open, it is not surprising that you have not received your distribution. Who told you that you are not receiving anything? or are you assuming that because you haven't received anything? Who is the executor? Are they represented by counsel? Call them and ask what the status of the case is. Probate cases are public record... You could go to the courthouse and inspect the file to determine the...

  10. My moms estate at time of death, 2 months ago in Pa, was worth about 700k. 1 house net worth 200k, another house worth 230k,

    Answered almost 4 years ago.

    1. Dwight Edward Tompkins
    1 lawyer answer

    The executor fee of $31K is about 4.5% of the $700K estate, and that is within a reasonable range. In California, where I practice, the executor fee set by statute would actually be higher than $31K. If the estate was probated, the executor's fee would normally have to be approved by the court. If the court has approved the executor's fee, (and if it is based on a statutory fee), then a challenge would probably be a waste of time. You may want to consider meeting with a probate...