Archived
Do I need a living trust for my parents if all accounts already name me beneficiary only the house and I am an only child?
Ellen's answer
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Answered on February 11, 2015
The question is not "should I have a trust OR a will," but rather, "should I have a trust AND a will." Even a trust-based plan should always...
Selected as the best answer
Archived
Do surviving children have the right to enter a parents home in the immediate days following that parents death?
Ellen's answer
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Answered on February 10, 2015
Are you concerned about someone taking contents from the home? If so, a temporary administration may be a consideration.
Archived
I've been willed property from my mother who is still living. What is death tax?
Ellen's answer
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Answered on February 10, 2015
The short answer is, probably nothing you need to be concerned with, if you're like 90+% of people.
Archived
No Will but a legal heir of property in Texas
Ellen's answer
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Answered on February 10, 2015
Lots of information we don't have here, but it sounds as if you do have rights through heirship. Too many variables to give a solid answer here,...
Archived
As an only child do I need my parents to put their home in a living trust to avoid probate?
Ellen's answer
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Answered on February 10, 2015
Do they need to do so? In a word, no, and there may be good reasons not to do so. In general, living trusts are a useful tool but one that most...
Archived
Do I need probate or can I do small estate?
Ellen's answer
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Answered on February 10, 2015
We really don't have enough information to give you a solid answer. But, as I tell my probate clients, the probate process is good at doing 3...
Archived
What steps do I need to take to get guardianship of my 16 year old niece that my sister-in-law has kicked out?
Ellen's answer
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Answered on February 10, 2015
If one or both of the biological parents are still living, you're probably talking about conservatorship rather than guardianship. Go see a local...
Archived
Can a son's will override a parents' will pertaining to the same property?
Ellen's answer
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Answered on February 10, 2015
The information provided is confusing and contradictory, but the key takeaway is that he can't give away, through will or in his lifetime, more...
Archived
What are my mom's children entitled to since she has passed and was only considered common law married?
Ellen's answer
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Answered on January 22, 2015
A few issues here:
1. They may have met the requirements for an informal marriage, but if they didn't take steps to formalize that within 2 years...
Archived
How difficult would it be for a grandparent to get guardianship of twin 4 1/2 year old granddaughters when they have lived with
Ellen's answer
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Answered on January 22, 2015
When a biological parent is living, you're talking about custody, not guardianship. You'll want to post this in the family law section, if you...
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