Questions answered by Robert E. Millsap III

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My father died, my mother is in a nursing home. Brother is executor of estate. Can I request a copy of will before her death?

Robert's answer | Answered on September 17, 2012

You could ask him. I do not believe that he would have to show it to you. Your mother may have wanted it to be private until she passed away. It...

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How do you change the name on a deed when the original person has died and one of the adult children want the house

Robert's answer | Answered on September 17, 2012

You need clear title. It is very tough to get clear title on a decedent;s homer unless you go to probate and have the creditor bar. Plus, you need...

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I have a friend who died, who had bought a house leaving no will. The house is paid in full. could I claim Adverse Possession?

Robert's answer | Answered on September 17, 2012

I have a hard time imagining that you could live there for 7 or more years and then claim you own it by adverse possession againt the intestate...

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How can I cash in early on an estate.

Robert's answer | Answered on September 17, 2012

I have seen some cases where people assigned their interest in an estate. Often estate plans or annuities have provision though that says the...

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How to contest the beneficaries on life insurance policies

Robert's answer | Answered on September 17, 2012

The facts do not make me comfortable that you can do what you want. Did your dad change the beneficiaries on the ife insurance policies or did...

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I need answers. my dad died last year. my stepmom is starting to get rid of his stuff without letting me know. what r my right d

Robert's answer | Answered on September 17, 2012

Did your father reduce his intent to writing or just he just tell you what he woud like to happen? To be enforceable, typically it has to be...

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How do we get it transferred to my fiance if there is no will and we pay all the taxes on the property ?

Robert's answer | Answered on September 17, 2012

There really is no easy way to resolve this. Wife has rights. Son has rights. The other siblings have rights. Best to bring it to a head now...

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I am considering selling real property in New Orleans, LA that I inherited over 10 years ago what at the tax implications?

Robert's answer | Answered on September 14, 2012

Capital Gains. Basis is $150,000 plus whatever you invested in it. If you got any insurance revoveryties that couldbe an issue. Best to sell it...

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If an 85 year old person is living on their own and has medicare, why would they need to be pre-qualified for medicaid

Robert's answer | Answered on September 14, 2012

I think what you are looking for is a fire drill. Make sure he has the right documents together. Make sure his estate is properly situated so...

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Does an underpayment for Social Security benefits from various years get included in probate assets?

Robert's answer | Answered on September 14, 2012

Attorney Fromm brought up an interesting issue. Will the IRS issue a 1099 that shows the payment to your mother or will it be to you? In any...

Robert E. Millsap III's Answers (284)

My father died, my mother is in a nursing home. Brother is executor of estate. Can I request a copy of will before her death?

How do you change the name on a deed when the original person has died and one of the adult children want the house

I have a friend who died, who had bought a house leaving no will. The house is paid in full. could I claim Adverse Possession?

How can I cash in early on an estate.

How to contest the beneficaries on life insurance policies

I need answers. my dad died last year. my stepmom is starting to get rid of his stuff without letting me know. what r my right d

How do we get it transferred to my fiance if there is no will and we pay all the taxes on the property ?

I am considering selling real property in New Orleans, LA that I inherited over 10 years ago what at the tax implications?

If an 85 year old person is living on their own and has medicare, why would they need to be pre-qualified for medicaid

Does an underpayment for Social Security benefits from various years get included in probate assets?