Dwight Edward Tompkinsā€™s Answers

Dwight Edward Tompkins

Orange Estate Planning Attorney.

Contributor Level 11
  1. When someone is appointed to be an executor in the will left by the parent are they able to deduct money out of the inheritance?

    Answered over 3 years ago.

    1. Dwight Edward Tompkins
    2. Lonnie K McDowell
    2 lawyer answers

    Generally, executors in a will are allowed to take compensation as an executor. In many states, such as California where I practice law, the amount of compensation is set by law, and must be approved by the court in the probate case. The executor is also entitled under law to reimbursement of out of pocket expenses that they have paid on behalf of the estate. Again this has to be approved by the court. Other than approved compensation (executor fee) and reimbursement approved by the...

  2. What happens to my mothers mineral rights now that she has passed?

    Answered over 3 years ago.

    1. Dwight Edward Tompkins
    1 lawyer answer

    The will does not have to expressly mention the mineral rights. Usually in the will there is a general statement that says something like "all of the rest of my estate shall be distributed to..." The mineral rights and all other properties, money, and assets not mentioned directly in the will are part of what lawyers call the residuary estate, and the beneficiaries named in the general statement about "all the rest of my estate..." are often referred to as the residuary beneficiaries....

  3. How do I go about finding a lawyer that is aggressive. My situatiion is a probate problem. My sister took all my mother's money

    Answered over 3 years ago.

    1. Joseph E. Redding
    2. Dwight Edward Tompkins
    2 lawyer answers

    You should be looking for an attorney who specializes or has a major focus in "contested probate" or "probate litigation". Many attorneys handle general probate cases, but you are looking for a lawyer who frequently takes on "contested probate" cases. Google those key words and the city and state where the case will take place. Look for a county bar association in the area where the case will be based. Many bar associations have referral services. When you talk to the potential...

  4. I need some legal advice concerning my dead fathers will.

    Answered over 3 years ago.

    1. Lonnie K McDowell
    2. Dwight Edward Tompkins
    2 lawyer answers

    You should look for a probate attorney in the area where your father resided, as the venue and jurisdiction for the probate of his Will is the County and State where he resided. You can google probate attorney and the name of the City and State; or call information for that area and find the County Bar Association. The County Bar Association should be able to refer you to qualified attorneys. Unless you have the time and skill to handle a probate on your own, you should have legal...

  5. Are Estate IRA's subject to probate

    Answered over 3 years ago.

    1. Steven J. Fromm
    2. Dwight Edward Tompkins
    3. Jonathan Scott Connor
    3 lawyer answers

    IRAs are not usually subject to probate, because the IRA owner has the ability to name death beneficiaries, both primary and secondary. Those death benefits are claimed and paid much like life insurance. The problem arises when the IRA owner fails to name death beneficiaries on their IRA.

  6. How do I word payment to executor in my will?

    Answered over 3 years ago.

    1. Dwight Edward Tompkins
    1 lawyer answer

    This is referred to as "compensation". As a will is probated in most states, state law often sets the compensation for the executor according to statute, as it is here in California. You could provide that the "executor is entitled to reasonable compensation, as provided by law" as a general statement of your wishes that the executor is compensated.

  7. When bank accounts have "payable on death" does that mean the person listed is entitled to it even if the will states different?

    Answered over 3 years ago.

    1. Alan James Brinkmeier
    2. Jonathan H Levy
    3. Dwight Edward Tompkins
    3 lawyer answers

    Pay On Death accounts (POD accounts) like the one you have described pass outside of probate to the named beneficiary; and the Will has no effect on such accounts.

  8. What is the difference between custody and guardianship in VA?

    Answered over 3 years ago.

    1. Dwight Edward Tompkins
    1 lawyer answer

    This is the same in California where I practice. Custody and legal guardianship are different. I recently had a case where the mother who had legal custody over the 15 year old daughter died. Her father then took custody over his daughter, but to make a claim on the life insurance policy of the mother, he had to be appointed the guardian in order to assert her legal rights. I advise you to consult with a guardianship attorney in Virginia.

  9. What happens if a beneficiary dies before the willmaker?

    Answered over 3 years ago.

    1. Jonathan Scott Connor
    2. Thomas James Daley
    3. Dwight Edward Tompkins
    3 lawyer answers

    Since your mother-in-law no longer has capacity to amend her will, the provisions of her last will are controlling. It is not clear in your facts whether your husband was the sole beneficiary, or one of the beneficiaries along with his siblings. It is also not clear what the will provides if a beneficiary predeceases the testator (your mother-in-law). If you can obtain a copy of the will, I would have it reviewed by a probate attorney in Texas to (a) get an opinion about whether your...

  10. My step mother is the executor of my father's estate.

    Answered over 3 years ago.

    1. Gerry M. Wendrovsky
    2. Daniel R. Antonelli
    3. Dwight Edward Tompkins
    3 lawyer answers

    A good starting point would be to look at the will to see if it states any provision concerning who pays the administration expenses. Were you asked to agree? If so, you may want to refuse if the proportional cost of the administration falls more heavily on you. Your proposition is not unreasonable. In California where I practice, the cost of administration is paid by the estate. I'm not sure about New York. You may wish to talk to a NY probate attorney.