Questions tagged [estate-planning]

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Best practice to prepare Executor to take over Subchapter-S Business

I'm working on an instructions doc for my executor (upon my death). I am sole stockholder/owner of a Subchapter-S Corporation. It's currently a personal service company, not an on-going business. ...
NealWalters's user avatar
23 votes
9 answers

Elder relative unwilling to change will to reflect current wishes

An elder relative, over 100 years old but with their mental faculties remarkably intact, has informed me after the death of their eldest child that I will be the executor of their estate. Let's say ...
ConfusedExecutor's user avatar
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1 answer

Are open air cremations illegal in most of the US?

Almost all cremations done in the US are done at crematoriums where bodies are put inside an incinerator. The only open-air cremation service in the US is the non-profit Crestone End-Of-Life Project, ...
Keshav Srinivasan's user avatar
0 votes
2 answers

Life Insurance Payout to Ex-Stepchild

Bob has a life insurance policy, which listed his now ex-wife first and ex-stepchild second as the beneficiaries. Under Pennsylvania law, any designation of a spouse as a beneficiary in an estate-...
BaronFiner's user avatar
0 votes
1 answer

Wills and burial requests

Can I be held legally responsible for not burying a person as specified in their will, if there are not enough funds in the estate?
Jeannette's user avatar
1 vote
2 answers

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 ...
user8876537's user avatar
1 vote
1 answer

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 ...
Dandan's user avatar
  • 111
2 votes
3 answers

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 ...
Stephen Cleary's user avatar
3 votes
2 answers

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 ...
J. Chris Compton's user avatar
1 vote
2 answers

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 ...
Anilla's user avatar
  • 115
0 votes
2 answers

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 ...
slaman's user avatar
  • 28
1 vote
2 answers

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 ...
Saqib Ali's user avatar
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2 votes
2 answers

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 ...
imagoomba's user avatar
2 votes
1 answer

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 ...
user15998's user avatar
  • 338
3 votes
1 answer

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 ...
fuzzybabybunny's user avatar
0 votes
1 answer

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 ...
blacksmith37's user avatar
1 vote
1 answer

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 ...
jphillips's user avatar
2 votes
1 answer

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 ...
maplemale's user avatar
  • 357
2 votes
1 answer

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), ...
sdot257's user avatar
  • 121
2 votes
1 answer

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 ...
Cicero's user avatar
  • 6,848
5 votes
2 answers

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 ...
Viktor's user avatar
  • 3,568
6 votes
3 answers

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 ...
user0306's user avatar
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1 vote
1 answer

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. ...
cartesianJoin's user avatar
4 votes
1 answer

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 ...
user avatar
3 votes
1 answer

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 ...
Paulb's user avatar
  • 161
2 votes
2 answers

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 ...'s user avatar
2 votes
1 answer

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 ...
Anon's user avatar
  • 23
2 votes
2 answers

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 ...
Julian Mann's user avatar