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6

That all seems perfectly legal, enforceable and, providing everyone had been given legal advice and agreed to it, would not breach a lawyer’s code of ethics. Of course, my response to a child of mine who proposed it would be to rewrite my will to give them nothing - it’s my money and I’ll do what I like with it.


5

What would be the best course of action now? It has been six months with no communication from him or his estate lawyer, and no will has been filed with the court. Since it's not entering probate, is there any guarantee that he has to faithfully execute the conditions of the will at all or notify any of the beneficiaries? Without probate, can he ...


5

Joint tenancy (as opposed to tenancy in common) would accomplish all of these goals. Joint tenancy gives each individual the absolute right to occupy the property (each person owns the whole property). If one dies the property automatically passes to the other joint tenant(s), which is known legally as the right of survivorship. The child(ren) could never ...


5

You may be interested in a recent New York Times article, "The Lonely Death of George Bell", which described in detail the case of a man who was found dead in his apartment (of natural causes). It took a long time for him to be positively identified, and no near relatives could be located. Affairs were handled by a city official called a "public ...


4

I've conducted this analysis as requested by the poster, under the laws of California. The owner of the Millennium Falcon is Leia Organa if Han Solo left no will; and, We follow California's intestacy laws. According to Nolo's summary of California's probate laws (and referencing the actual code available here when the summary was not appropriate), When a ...


4

No, the first mate does not inherit If the first mate is an employee then his employment contract is terminated by the death of the principal and he would be entitled to be paid his accrued wages and entitlements only. If the Falcon was Han's only asset, the estate would have to liquidate (sell) it to meet this obligation. In most jurisdictions there would ...


4

No. This is not a provision that the testator or testatrix (i.e. the person writing a will) may waive in advance. But, the slayer statute does not get invoked unless an interested person invokes it in a probate proceeding after a death, and if no interested party wishes to invoke it, the will would be given effect anyway (just as it would in a case where ...


4

Whether or not the estate has an obligation to pay the mortgage is really dependent on the terms of the estate plan and the solvency of the estate. The fact that someone is on the deed to a property (whether a deed of gift or a transfer on death instrument) that automatically passes upon death of the original owner to a relative has little or nothing, ...


4

You are talking about "joint tenancy." I am familiar with bank accounts having multiple owners characterized as "Joint tenants with rights of survivorship" (JTWROS). This keeps the account out of probate: a death certificate simply removes the name of any owner who dies. But a probate court afraid that a deceased may not have enough assets to satisfy ...


4

A trust, revocable or irrevocable, does not protect the estate from claims by creditors. Under ORS 115.125(1)(k), the Department of Human Services or the Oregon Health Authority has a claim against the estate, behind the claim for "the state’s monthly contribution to the federal government to defray the costs of outpatient prescription drug coverage ...


3

The only time it is relevant is when an estate is subject to the Generation Skipping Transfer Tax. But, the exemption from the tax is currently (as of 2019) $11,400,000 per donor per lifetime, so if the expected inheritance is less than that amount there is not a tax issue. When I started practicing law (in 1995), the exemption was $600,000, so it affected a ...


3

The parents are under no obligation to guarantee to one child fifty percent of their assets as of any particular date. If they wish to spend money on gifts to or support of one child, that is their right. The parents could, if they choose, change their will to reduce the sister's share by amounts that they provide to her after the will is signed, but that ...


3

If structered as a trust, this might well fall foul of The Rule against Perpetuities, depending on the jurisdiction. See this law review article whre it is said: Those familiar with the rules of law concerning the duration of trust estates, have learned that private trusts may not be created for unlimited lengths of time. The rule of law controlling the ...


3

What would be an appropriate legal classification? A trust. How could this entity be structured so it could manage multiple estates? As a trust. Could this entity choose to keep, say, 30% for internal use e.g. resuscitation research? If that’s what it says in the trust deed, yes. How could this entity be made "recession-bulletproof," such that it could ...


3

The general answer is, no, it is not valid in the US, see this article. Exceptions to laws recognizing e-signatures abound which exclude wills from general laws recognizing electronic signatures. Nevada is the one current exception (conveniently located between Oregon and Arizona). There have been attempts to legalize electronic wills, including in Arizona (...


3

Every state requires at least two witnesses to a will unless it is entirely written in your own handwriting. A lawyer as a witness is fine. A spouse as a witness is not ideal as she would be an interested party if there was a dispute over whether it was executed. It may not be prohibited, but I would never do that in my practice ever. I discontinued a will ...


2

It is worthwhile I think to see how this works in a different jurisdiction. In Australia all land titles are based on the Torrens principle of registration, that is, the information held by the registrar in each state or territory is definitive and the state is responsible for any errors that it makes in failing to keep the title correct. This principle ...


2

Relationships are more important than the law Important first question: Is the painting worth fighting about? That is, does it have any significant monetary or sentimental value for the beneficiaries? If not, let the painter have it and avoid the fight. Common law regarding transfer of personal property Prima facie the painter was the original owner of ...


2

As an alternative to joint tenancy, the property could be owned by the children with the parent having a Life Estate. This would need to be set up by a lawyer and properly registered - there will be additional cost but it means that the children cannot move into the property without the parent's permission if this is a thing that matters to you.


2

Nobody dies at the same time In Australia at least - other jurisdictions may be different. If it cannot be determined who passed away first, the deaths are deemed to have occurred in decreasing age order. In your scenario, the older person's will takes effect as if the younger person were already dead. If all of the assets of the couple are jointly owned,...


2

There are some problems with drafting and administering such a will, but I would think it would be doable. One comment says that it would be an issue "because the children aren't directly Aphrodite's", but i don't see that that is relevant. One can leave money to people who are no relation at all, and who are not specified by name in the will, such as the ...


2

Use a lawyer There is no such thing as a "simple" estate. Estate planning involves considering things such as tax implications, further issue of the relationship, further (or existing) issue outside the relationship, death of your child(ren), simultaneous deaths, the age of the child(ren) given that death can occur from anywhere from today to 100 years ...


1

I am going to assume you are in England and Wales (because you use terms like outline planning permission and major matters reserved). If this is not correct, my answer may not apply. There is absolutely nothing to stop a developer submitting a planning application to knock your house down, and build a block of flats on the site. Obviously they can't ...


1

if both spouses have the same children and die at the same time, does the church get $10K or $20K? $20K. if the church gets $20k; how would you change the will so the church get $10K total regardless who dies first and the time between the deaths. There is nothing magic about it. You could do it with language such as: In the event my spouse (...


1

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? Distributions from an IRA are called "income in respect of a decedent" and are taxable ordinary income to whomever first receives the distribution from the IRA, in the year it is received, to the ...


1

The co-owners are jointly and severally liable for the expenses belonging to the owners. How they choose to split these is for them to agree. The (life) tenant is responsible for the expenses belonging to the tenant. What belongs to the owner and what belongs to the tenant is for the tenancy agreement to spell out. Usually “fixed” costs like rates and land ...


1

Is there any way to file a will in Massachusetts? There is no way to file a will in Massachusetts before someone has passed. However, some states, such as Washington, allow you to file a will under seal before someone dies. See RWC § 11.12.256. What is the standard method of ensuring that the will is not lost or overlooked? The standard method is ...


1

You can make a private arrangement (like a will) that conflicts with the law, however, such a will will be either unenforceable in that particular or totally void.


1

No, this falls under the heading of negotiation. You will need a lawyer and probably an accountant because if this is done badly you will owe waaay more tax than you should. However, most general lawyers will have sufficient experience with property transfer to be able to help you. What will matter in this is how the properties were owned by your mother-in-...


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