Rial R. Moulton's Answers

My dad's attorney notarized his estate planning documents

It is legal and not uncommon for an attorney to draft documents and also notarize the signatures. Some attorneys do serve as trustees of trusts that they also create. In most states that is legal. The attorney will have a fiduciary duty to act in the best interests of the beneficiaries once he or she becomes trustee

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Can QPRT be used in estate plan if residence is spouses' separate property?

Yes but it would have to be a separate QPRT for W. That would potentially reduce ws estate but not Hs. If this is a second marriage where H has substantial separate and community property the QPRT may not be of any benefit to him.

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Can a husband exclude his wife if 25+ yrs from his will?

I see you are in Texas. If your mother lives in Texas also she is in a community property state. In a community property state 1/2 of what you earn while married is community property.. Any assets purchased with those funds are also community property. Your mother would already own 1/2 of any community property no matter how it is titled. So her husband could not take that away from her. Also most community property states have a minimum amount that a husband must leave to his wife at...

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What happens if the personal representative of a estate dies before the estate is probated.

Normally the will appoints a backup Personal Representatve just in case the first person can't serve. If the will does not have a backup the judge will appoint a PR. Your state probate code lists family members that would have first priority to be PR if needed. Most state say spouse first and then kids if age of majority.. You should talk to an estate planning attorney to see who would likely be appointed .

Do i need an elder care lawyer

If your aunt is going to have to stay in the nursing home you should apply for medicaid. If she has no assets you do not need an attorney to apply. If she has assets you may want to consult an elder law attorney before you apply to see if you can turn those assets into exempt assets and save them for your aunt.

What are my legal rights if I receive a check in the mail made out to me then I'm told 5 months later it was sent iin error.

If it truly was sent in error a judge would make you pay it back. You should make the trustee tell you in writing why it was an error before you return the funds

If the executrix issues a check and then determines it was in error after the estate has been settles must it be returned?

If the check was issued in error you must return it. If the estate is actually closed the estate bank account has probably also been closed so the check would bounce anyway.