Archived
If all children are married, do the assets still get split up or do they go to the remaining spouse?
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Answered on December 14, 2014
Your question is less than clear - I will assume a parent died married to someone nad the parent who died has children. The fact that the children...
Archived
How can I find out if a property deed was issued after a will was probated; if possible without having to reopen the case?
Steven's answer
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Answered on December 13, 2014
The grantee of the deed or the closer would usually be responsible for recording the deed. This is one reason deeds are recorded. If neither the...
Archived
Can the decedent define what constitutes a contest to their will?
Steven's answer
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Answered on December 12, 2014
I am not sure what you mean without seeing the will, but a will contest typically refers to challenging the validity of the will (meaning a...
Archived
How can i find out what is in my mothers WILL?
Steven's answer
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Answered on December 12, 2014
I assume you mother has passed? In most cases, if you are a beneficiary or an heir-at-law you would be entitled to notice of the probate...
Archived
I am widowed and my wife is still listed on the deed. How does "probate" work to have her removed so I can refi?
Steven's answer
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Answered on December 12, 2014
Well, it depends on how the property was owned. More than likely, if you bought the house while you were married, it was owned as "joint tenants w...
Archived
Are there any special qualifications to putting my inheritance in a special needs trust?
Steven's answer
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Answered on December 12, 2014
Besides the state law issues, you very likely have to look into setting up a (d)(4)(A) trust - see an estate planning attorney right away to see if...
Archived
Should I leave my retirement funds to my children or grandchildren.
Steven's answer
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Answered on December 12, 2014
Do you need the money? It is sort of a vague question - do you mean now or after you pass? If you have questions about this type of thing, it...
Archived
What kind..if any attorney do i need ?
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Answered on December 12, 2014
If you have questions you need a probate or estate administration attorney. It may be a fact that you are not a beneficary, in which case you...
Archived
Do I need an attorney?
Steven's answer
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Answered on December 12, 2014
Ms. Stewart provides her usual competent and practical advice. Keep checking the probate records but if nothing happens you can hire an attorney...
Archived
Are proceeds from sale of inherited property considered income and taxed as such?
Steven's answer
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Answered on December 12, 2014
Capital gains would be calculated based on the difference between the sales price and the DATE OF DEATH value of the property which is called...