Dwight Edward Tompkinsā€™s Answers

Dwight Edward Tompkins

Orange Estate Planning Attorney.

Contributor Level 11
  1. My mom wants my daughter to be added to her will,does the entire will need to be redone or just a revision?

    Answered over 3 years ago.

    1. Robert P. Morrison
    2. Dwight Edward Tompkins
    2 lawyer answers

    There are two ways to accomplish a revision to the will; one way is to execute a new will which revokes the prior will, and the other is to execute a codicil which is a separate document which amends specific sections of the will without revoking the entire will. If there are multiple beneficiaries named in the will, there should be a breakdown by percentages, and/or specific gifts of assets for each beneficiary.

  2. When having a senior declared incompetent in tennessee, do the letters from the doctors expire after 30 days?

    Answered over 3 years ago.

    1. Dwight Edward Tompkins
    1 lawyer answer

    I am not sure whether there is any Tennessee statutory law that sets a time limit on such a letter. The general rule would be that there is no expiration on such a letter, however, the letter may become legally without effect if your grandfather regained capacity, and there were new letters of the doctors stating that fact. The new letters would have the effect of nullifying the prior letters. But until he regains capacity to act for himself, the letters remain a true statement of fact.

  3. Do I need to use informal probate or formal probate in CO to transfer real property?

    Answered over 3 years ago.

    1. Steven Alan Fink
    2. Dwight Edward Tompkins
    2 lawyer answers

    Every state has a trigger for a full probate. In California, it is $10,000 of real estate, or $100,000 of combined assets. Everything under those triggers goes through an informal process, we call a Small Estate Administration in California. Determine the value of the mineral rights, and then check the Colorado probate law for the trigger for a formal probate vs. an informal probate. The prior comment is worth pursuing. By contacting the company, they may settle with you informally.

  4. I wish to exclude my daughter in law ftom my will as she has refused me visiting rights to my grandchildren.

    Answered over 3 years ago.

    1. Steven Alan Fink
    2. Dwight Edward Tompkins
    2 lawyer answers

    If you omit her from your will, be sure to expressly do so, as many states have an "omitted heir" statute. If you omit her without mentioning her, she can bring an "omitted heir" claim against your estate, contending that she is an heir and that your omission of her was mistake made by the attorney or your faulty memory. You will want to state in your will that you are expressly making no provision for her (name her by name) in your will. A qualified estate planning attorney in Ohio should...

  5. Can I file for guardianship of a parent without a lawyer?

    Answered over 3 years ago.

    1. Dwight Edward Tompkins
    1 lawyer answer

    Yes, all courts allow for a party to represent themselves. When acting as a party without counsel, you will be referred to a Pro Per or Pro Se party, depending on the jurisdiction. You may be able to find a self-help book on New York Guardianship by doing a search online.

  6. My grandmother filed her husbands will in 2001. It states that I recieve everything after she dies. Can she change the will?

    Answered over 3 years ago.

    1. Dwight Edward Tompkins
    1 lawyer answer

    The answer to your question may be found in the will itself. Whether a will may be amended and/or by whom may be stated in the will. If it does not contain any provision for amendment or revocation, then the general rule is that only the testator has the power to amend or revoke the will. If the testator was your grandmother's husband, then should not be subject to change because the person with power to change it is now deceased. It is unclear in your question if the will was joint...

  7. My father just passed away and he incurred hundreds of thousands of dollars in medical bills is my mother responsible for them?

    Answered over 3 years ago.

    1. Elizabeth Smith Schmitz
    2. Dwight Edward Tompkins
    2 lawyer answers

    Your father's estate is responsible for the debts of your father. The general rule concerning life insurance is that if your father was the owner of the policy, then the insurance proceeds are considered part of his estate, even though they were paid to your mother by the insurance company. Also any joint accounts of money or property may be considered part of his estate. Here in California where I practice, married couples are governed by Community Property law, which makes spouses liable...