Questions tagged [estate-planning]

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Outline Planning application on my land

A developer has submitted an outline planning application (major matters reserved for a later date) using part of our land as access to a larger site. We have a covenant on our land that would forbid ...
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1answer
32 views

Simple estate planning

Married couple + child. Own a house (with a mortgage) and a few savings accounts. Want to leave everything to each other in the event of death. If both die then to our child. Also want to select a ...
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1answer
65 views

How does Per Capita at Each Generation work when there are multiple living generations?

I've been researching Per Capita / Per Stirpes and their variants. Per Capita at Each Generation seems like the one I want, but I have a question about how it is divided in this example, which I have ...
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2answers
111 views

Are problems created from planning to have an inheritance skip a living generation? (me)

I believe I am well-off enough from a retirement perspective. I was considering asking my Father to change his will so my children would get his inheritance instead of me. Skipping me. To simplify ...
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2answers
54 views

Distributing estate amongst children created from donated gametes

Let's say we have an individual called Aphrodite. She has an extremely high risk lifestyle and isn't expected to live much more than five years from now. She goes to a specialized agency that screens ...
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2answers
68 views

Estate Planning - Spouses with survivorship clause - could a named beneficiary “double up” on simultaneous death scenario?

Lets say there is a married couple and they both have identical wills; with a survivorship clause along the lines of: I direct that the reside of my estate shall be paid, transferred and delivered to ...
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2answers
136 views

Can a will be written this way?

My only sibling (sister), both parents and I all live in Maryland. According to my parents' will, after their death, each sibling will inherit half of the total net assets. My concern is that my ...
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2answers
131 views

1000-year trust? (fictional)

PREMISE: I'm writing a novel about a man who creates a legal entity intended to last 1000 years, and I'm not sure how to classify it. For lack of a better word (and total ignorance on my part), I ...
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1answer
42 views

Medicaid Estate Recovery

Can the Oregon Health Authority (OHA), Estate Recovery Unit (EAU) seek reimbursement for Medicaid services rendered after a person is deceased, if their assets are placed in a revocable trust prior to ...
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1answer
302 views

In Washington state, what can beneficiaries of a will do if the executor does not notify them?

My aunt died six months ago. She was married and without children. In hospice care she said she had left things behind for her brothers and sisters in her will. Also during this time, her surviving ...
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1answer
39 views

When a person dies is his estate liable for income taxes on a IRA ( USA)?

Is the deceaseds' estate liable for USA income tax on an IRA ? Or is the IRA paid out to designated beneficiaries which then makes them liable for the taxes ? Thinking of a modest amount , well under ...
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1answer
604 views

Who is responsible for the property expenses with a life estate which is owned by tenants in common, when not all of the owners live on the property?

If a property is owned by tenants in common but has a life tenant (who does not own the property so there are three parties involved) who is responsible for outgoings such as rates and repairs? If ...
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1answer
391 views

Is a digital last will and testament on my cloud drive legally binding?

For example: Let's say I simply put the signed, digitized document on a cloud drive and inform my executor of how to retrieve it via an email with instructions for safe keeping. Will my Executor have ...
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1answer
71 views

Spouse as a witness to a last will

I live in PA and we recently completed a will. The lawyer who drafted our wills stated that my wife and I could witness each other's will. Because his office is small (two lawyers and a paralegal), ...
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1answer
52 views

Prevent a will from being overlooked

Is there any way to file a will in Massachusetts? The problem is that if the will is placed, say, within a home, then it could be lost or accidentally discarded when the individual dies. What is the ...
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2answers
671 views

Can I waive the “slayer statute” in my will?

In most jurisdictions, a killer cannot profit from their crime, i.e. if someone kills someone else, they cannot inherit from them. If I create a will, can I specifically ignore the slayer rule? Can I ...
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3answers
340 views

Who legally owns Millenium Falcon now?

First off, The question is an actual Earth (American version, if jurisdiction matters) legal one It was inspired by Star Wars Episode VII, "The Force Awakens" related question on SciFi.SE site. As ...
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1answer
36 views

Estate planning? Or something else?

I know that estate planning is typically for those that are planning for their future and distribution of assets in a will. However, I'm close to a situation that is after the fact, so to speak. ...
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1answer
198 views

What happens to the possessions of a deceased Jane/John Doe?

This is kind of a morbid question, but I'm writing a story where a homeless teenager from Seattle winds up dead in Portland, Oregon. She is identified eventually, but she has no legal guardian, living ...
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1answer
606 views

Effect of Multiple Names on Bank Account

Background: I learned recently that multiple account holders on a bank account keep that account out of probate if one person dies. Or, in other words, if one person dies then the other account ...
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2answers
348 views

Who is Liable for the Satisfaction of the Mortgage Debt Pursuant to Deed of Gift when Grantor Dies - Estate of Grantor or Beneficiary?

In a situation where: John takes out a mortgage on a house at 55 Main Street by himself (i.e., only John appears on the mortgage). John puts Mike (one of his grandchildren) on a Deed of Gift for the ...
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1answer
449 views

Work-of-art found in estate house has no proof-of-ownership; artist wants it back

Artwork in house of an Estate has no documentation of ownership. Painter claims it was never bought and wants it back. Who legally owns this item? This artwork was a dedication to a family member who ...
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2answers
100 views

Available structure for a parent to buy a property on behalf of their children?

In the UK.... If an elderly parent wanted to buy a property to live in, and have the property owned by their children so that it passes to them when she passes, what structures are available and what ...