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Roberta Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
AV Preeminent Peer Rated Attorneys
Roberta Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Roberta Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Bradley Pyles
Estate Planning Lawyer
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Estate planning attorneys help individuals prepare for the management and distribution of their assets after death or incapacitation. They create legal documents such as wills, trusts, powers of attorney, and healthcare directives. Their work ensures a client’s wishes are honored, minimizes potential taxes, and simplifies the process for their loved ones.

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Mom died. Dad survived. Both names on deed to house. Both have wills leaving house to the other. Should deed be changed to dads name only. Diy?

Robert W. Hughes
Answered by attorney Robert W. Hughes (Unclaimed Profile)
Estate Planning lawyer at Robert W. Hughes & Associates, P.C.
It all depends on whether the deed is a tenants in common deed or a joint tenants with rights of survivorship deed. If it is a joint tenants with rights of survivorship, you need to do nothing.  If it is any other kind of deed, some action in probate court will be required.  It might be as simple as a Petition for Year's Support or a Petition to Appoint Permanent Administrator.
It all depends on whether the deed is a tenants in common deed or a joint tenants with rights of survivorship deed. If it is a joint tenants with rights of survivorship, you need to do nothing.  If it is any other kind of deed, some action in probate court will be required.  It might be as simple as a Petition for Year's Support or a Petition to Appoint Permanent Administrator.
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I want to step up as a trustee to my for my trust fund as there is no trustee since my father died and I am the oldest of 3 heirs to the fund

Robert W. Hughes
Answered by attorney Robert W. Hughes (Unclaimed Profile)
Estate Planning lawyer at Robert W. Hughes & Associates, P.C.
I would be happy to assist you. Do you have a copy of the Trust or is it part of the will you are trying to locate?  You should be able to get a copy of the will by call the Surrogate's Court in NY in the county where your grandfather died. Appointing a new trustee has become easier in the last few years, but it all depends on the appointments clause in the trust.  I would need to see the trust to advice how simple or hard it will be.  Either way, we can get a new trustee appointed.
I would be happy to assist you. Do you have a copy of the Trust or is it part of the will you are trying to locate?  You should be able to get a copy of the will by call the Surrogate's Court in NY in the county where your grandfather died. Appointing a new trustee has become easier in the last few years, but it all depends on the appointments clause in the trust.  I would need to see the trust to advice how simple or hard it will be.  Either way, we can get a new trustee appointed.
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Does a POD on someones accounts belong to the estate?

Answered by attorney Loraine M. DiSalvo
Estate Planning lawyer at Morgan & DiSalvo, P.C.
If your mother named you as the POD beneficiary on an account, that account belongs to you, and it does not become part of your mother's probate estate. It DOES become part of her estate for estate tax purposes, so if your mother's estate was large enough that an estate tax return is required, or if she was married and the Executor wants to allow her surviving spouse to use her remaining estate tax exemption and so an estate tax return is needed, then the Executor would need information about what was held in any such account at the date of your mother's death. But the Executor is not entitled to the funds. They're yours.
If your mother named you as the POD beneficiary on an account, that account belongs to you, and it does not become part of your mother's probate estate. It DOES become part of her estate for estate tax purposes, so if your mother's estate was large enough that an estate tax return is required, or if she was married and the Executor wants to allow her surviving spouse to use her remaining estate tax exemption and so an estate tax return is needed, then the Executor would need information about what was held in any such account at the date of your mother's death. But the Executor is not entitled to the funds. They're yours.
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