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My moms will states that all insurance polices be divided and real estate and so on but there is only one beneficiary in va
Evan's answer
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Answered on August 31, 2014
Sadly, this is an example if very poor planning on the part of the decedent. Regardless of what the Will says, the beneficiary designation of the...
Archived
If I refiance a property that I owned prior to marriage is it now merrital property?
Evan's answer
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Answered on August 26, 2014
I think the attorneys answering are assuming that you live in Maryland, and are assuming that you are asking about the rights of your spouse in the...
Archived
Are estate planning and elder care planning related enough for one attorney to handle both areas?
Evan's answer
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Answered on August 25, 2014
Most Elder Law attorneys also do estate planning. Most Estate Planning attorneys do NOT practice Elder Law.
You just need one attorney -- look...
Archived
My sister has POA over my mother. However, my mother refuses to listen to her about protecting her money. What can my sister do?
Evan's answer
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Answered on August 21, 2014
Your sister should absolutely see an experienced Elder Law Attorney. If the Power of Attorney has the necessary Asset Protection Powers, she can do...
Resignation of trustee
Evan's answer
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Answered on August 21, 2014
I agree with the other attorneys -- a notarized resignation should be sufficient, but the Trust itself may require providing notice to certain...
Archived
Can an Executor request/require that funds distributed be returned after the estate was deemed closed by the courts?
Evan's answer
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Answered on August 21, 2014
Yes -- this is unfortunate but can happen. I would definitely request an accounting a copy of the overlooked debt. Please also note that if your...
Archived
Can my wife be the owner and beneficiary of a life insurance policy with me being the insured? Are there tax consequences?
Evan's answer
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Answered on August 20, 2014
Yes this can be done, with the tax warning about estate size already given. Keep in mind that the death benefit of the life insurance will becime...
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D cut out of inheritance via TOD accounts. Dad prefers not to rewrite will to exclude D or her children. Concerns for executor?
Evan's answer
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Answered on August 19, 2014
This sounds like a typical DIY disaster waiting to happen. Dad does not have an Estate Plan -- he has a mess. The best thing you can do is...
Hi, WHAT IS THE DIFERENCE BETWEEN A LIVING WILL, AND A LIVING TRUST
Evan's answer
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Answered on August 19, 2014
These are completely different documents, but complement each other and are usually done as part of a complete Estate Plan and Incapacity Plan. A...
Archived
Which trust is recommended that allows immediate access to funds and you can defer the taxes?
Evan's answer
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Answered on August 19, 2014
There are numerous types of trusts you can use for Estate Planning and Asset Protection, and only an experienced Estate Planning and Asset...