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Dennis Daniel Duffy

Dennis Duffy’s Answers

18 total

  • How does a trust work when dealing with farm land and how soon do they have to put it into a trust before they go into a home?

    My grandmother is most likely going into a home soon and she was told it is too late to put her farm land into a trust/estate? is that true?

    Dennis’s Answer

    Assuming your grandmother is competent she can create a trust and transfer a farm into a trust. That can help avoid probate, create a method for management during any future disability and begin the countdown for protection from Medicaid. A complete answer would require far more information about her income and other assets.

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  • Is there any legal way to force an executor to carry out wishes as stated in a written will?

    My father died in July and my stepmom read the will aloud to us. (We do not have a copy, and they created the will together using an Internet site. She would not let us see it and I don't know if it's notarized.) She read aloud that he wished for ...

    Dennis’s Answer

    I agree with Mr Fromm.

    You can use ,y site to find an attorney in the State that may be able to meet with you and help.

    Good Luck

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  • I have a will made in the state of Ohio. I moved to S. Carolina. Is my will valid in SC?

    If I need to make changes on my current will and testament can I just write the changes on my will and initial and date the changes? And is my will and any changes be valid if the will was originally written in Ohio. I now live in S. Carolina? ...

    Dennis’s Answer

    I agre completley with MR. Frederick,

    Check out my web site to find some attroneys in SC that may offer you a consulttion to consider the specifics.

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  • I am one of 10 siblings who inherited my moms estate..can i sign over my share to my sister

    can i sign my share of estate to sister

    Dennis’s Answer

    You can refuse you share (this is called a disclaimer, ans must be done in writing within 9 months of the death) However when you disclaim you do not say where it then goes, your mother will or State law will give the alternative beneficiary which could be your children or possibly ALL you siblings.

    You choice may be to accept your share and the after that gift it o your sister but their are limitations and rules to follow depending on the size of your share, it may take more than one year to get this done. You will likely need a lawyer to assist and guide you through this.

    You can find a lawyer near you in my web site. Jim Miller would be able to help you with these issues. Good luck.

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  • I'm gifting my car to my son, will he have to pay any sales tax when registering it?

    My father lives in Virginia, he is giving me his car(bluebook value of $8000.00). When I register the car in California, will I have any sales, state or federal tax liabilities?

    Dennis’s Answer

    The answer may be different in CA so you may want to call the Department of Motor Vehicles to check but normally as long as you (the donee) did not anything to him (called consideration) for the car the no sales tax will be charged. The sales tax is charges on the prices a buyer pays for the car. This does not apply when it is a a gift.

    You should also ask exactly what paperwork you will need to have in California to get the title and registration transferred from Virginia as you may need some things signed by your father.

    Good luck.

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  • I am 23, and want to adopt my 14-year old brother, or be his legal guardian, etc. How do I ?

    I am 23 years old, engaged, college educated, and financially stable. My parents have recently started the process of divorce, and I am concerned for the well-being of my 14 year old brother. I have felt for some time that he was being neglected, ...

    Dennis’s Answer

    It is most admirable of you to step forward to help your brother. You will need a family law attorney to assist you to determine what your opitons are. You will likely need your parents to consent or be involced in this matter too.

    Good luck to you.

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  • What constitute abuses by POA?

    POA and Trust Lawyer (who set up revocable trust) failed to file income tax for year 2000. They received reminders about unpaid tax from IRS before grantor died, but ignored reminders. Are they responsible for unpaid tax and penalties after death...

    Dennis’s Answer

    As the agent the person named in the POA would have had a fiduciary duty to file the tax return for the principal or to make sure that someone was engaged to do so. A fiduciary that failed to do this would be potentially personally liable for their acts or failure to act.

    You should consult with an attorney that can review the matters you outline and explain the various options for settlement of this matter. The attorney should be someone who takes on possible professional malpractice claims of this type.

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  • Estate/Property issue prior to death

    My father-in-law currently resides with his new wife at her residence and has allowed my husband and I to stay in his home under an informal agreement of established monthly payments while still maintaining ownership of the property. A. We are ...

    Dennis’s Answer

    Your actually question is a bit difficult to figure out from you question. I agree with the prior answers.

    Agreements that involve real estate should be in writing to avoid disputes, misunderstandings or the possibility that they are unenforceable. For example if you and your father in law want you to be able to continue your tenancy after his death it should be in writing.

    You father in law seems to be worried that the other heirs may claim you owe rent for the time you loved in the property prior to his death. It may make sense to have his will reveiwed to ensure that his wishes are still accurately reflected in the document or grants you the continued right to live in the property or possibly the option to purchase at that time.

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  • Post Estate Plan Completion Procedures

    Thank you for your help guys! Here's my question: Upon completion of my estate plan (living trust, pour over will, power of attorneys, etc), what is to be done with them? Just simply store them in a safe place? or file with court? or give to tru...

    Dennis’s Answer

    I absolutely agree with the other answers. Funding your trust is critical to allowing it to work for you and get all the benefits it can for you and your family. I tell clients to periodically conduct an estate planning fire drill... ask yourself the question? If I died today how would all my assets be transfered? Are they in my trust? If not, is there a pay on death, beneficiary designation, joint ownership or some other legal contract I have entered that will direct them?: If not then you will must be used and there would like be a probate process to do so?

    If one of your goals you had in mind when you had this trust created was to avoid probate then this is a critical part of the planning.

    I also recommend that clients tell the appointed executor or trustee about the fact that you have named them so they know if something were to happen. You may even want to tell them where you store the origina documetns and the contact information for your attorney so they will be able to conduct their duties quickly.

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  • Iowa probate law, dispute over land

    Once there has been an agreement made on the division of land in an estate, the papers have been signed can you decide 30 days later that you do not like the agreement that you made and you want to do something else.

    Dennis’s Answer

    Written agreements are binding on real estate. Changes could still be made but you may have to negotiate with the other party, you would likley have difficulty making the decision to change the agreement unilaterally. You should contact an attorney that handles probate or real estate matters to determine you best course of action and list the choices you have.

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