Questions answered by Benjamin W. Scott

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I would like to create a living will but am not familiar with the process. I am looking for a lawyer to explain the process

Benjamin's answer | Answered on July 18, 2013

As the other attorneys mentioned, you probably want an advance health care directive. Because you will be thinking about what happens at your...

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I'm writting my Will, my dad has my brothers & sisters including me in his will, if I die before dad what happens to the will

Benjamin's answer | Answered on July 18, 2013

If you die before your dad, his will determines if your children get anything from his estate. Typically, a will will provide for the descendants...

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Can an Powerof Attorney be revoke..My Uncle had a Bad Heart Attack and then a Month later he had a babd stroke.We have questions

Benjamin's answer | Answered on July 17, 2013

I'm not exactly sure of all of the facts here, so I'm making a few assumptions. Whose power of attorney document do you want to revoke? Was it the...

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Our mother died recently and has a Living Trust. My sister and I are Trustees. What must happen next to the trust?

Benjamin's answer | Answered on July 17, 2013

I'm sorry about the loss of your mother. Mr. Potter is correct in that you can't amend the trust. You will definitely need to find an attorney to...

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My wife's a living trust with only her name. I'm the successor trustee. The trust owns our house (we're joint tenants). Bad?

Benjamin's answer | Answered on July 17, 2013

As Mr. Daymude mentions, you can't really have a property that is both joint tenancy and owned by the trust at the same time. Whether you have it...

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Hello: My house has a living trust, when I die, is it necessary for my kids to change the title to their name? Thanks.

Benjamin's answer | Answered on July 17, 2013

You will want an attorney to review the particular language of the trust to make sure that everything is how you want it. You shouldn't have to...

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Is establishing a Living Trust for mom necessary to avoid probate upon her death?

Benjamin's answer | Answered on July 12, 2013

The fact that she doesn't have any assets changes the situation. Your best option may or may not be to put the house into a trust. If it's...

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Would a judge rule in flavor of a person that contest the beneficial on a life insurance policy.

Benjamin's answer | Answered on July 12, 2013

I will never presume to guess what a judge will rule. A person can contest the beneficiary on a life insurance policy, but it will be very...

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Which type of deed do I use if I am changing title from my name (single proprietorship) into a revocable trust., same name as me

Benjamin's answer | Answered on July 12, 2013

I would usually use a grant deed in this situation. With that said, you may want to see an estate planning attorney to make sure that you have the...

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What happens to property and monetary assets of my grandfather upon his death if he has not left a living trust ?

Benjamin's answer | Answered on July 11, 2013

Attorney Rossmeisl is right. If he dies without a will, his property passes through intestacy. This means that the property will be divided among...

Benjamin W. Scott's Answers (302)

I would like to create a living will but am not familiar with the process. I am looking for a lawyer to explain the process

I'm writting my Will, my dad has my brothers & sisters including me in his will, if I die before dad what happens to the will

Can an Powerof Attorney be revoke..My Uncle had a Bad Heart Attack and then a Month later he had a babd stroke.We have questions

Our mother died recently and has a Living Trust. My sister and I are Trustees. What must happen next to the trust?

My wife's a living trust with only her name. I'm the successor trustee. The trust owns our house (we're joint tenants). Bad?

Hello: My house has a living trust, when I die, is it necessary for my kids to change the title to their name? Thanks.

Is establishing a Living Trust for mom necessary to avoid probate upon her death?

Would a judge rule in flavor of a person that contest the beneficial on a life insurance policy.

Which type of deed do I use if I am changing title from my name (single proprietorship) into a revocable trust., same name as me

What happens to property and monetary assets of my grandfather upon his death if he has not left a living trust ?