Claimed Lawyer ProfileQ&AResponsive Law
- Real Estate Law
- Estate Planning
- Elder Law
- Free Consultation
Jurisdictions Admitted to Practice
- Arizona State University
- J.D. (1986) | Law
- Arizona State University
- B.S. (1983) | Accounting
- Honors: Summa Cum Laude
- Wealth Counsel
- American Academy of Estate Planning Attorneys
- State Bar of California # 159873
- Colorado State Bar # 26720
- State Bar of Arizona # 011030
Websites & Blogs
- Nina Whitehurst, Attorney at Law, Professional Website
86 Questions Answered
- Q. In CA do I need to quitclaim a condo to the estate and then quitclaim from the estate to a person? How doI sign 1st one?
- A: Your probate attorney should be helping you with this one. If you do not have a probate attorney, then you probably need one. These are not do-it-yourself projects. To answer your first question, no, the executor does not have to change title of real property from the name of a decedent owner to the decedent's estate. To answer your second question, no, it is ordinarily not a deed of any kind that is used to distribute real property to the heir(s) as determined by the court. (However, a deed might be used if selling the property to an unrelated party, not an heir, but you would need a court order approving the sale.)
- Q. I'm looking to be sure I fully understand the below agreement between my brother and I in regards to an estate:
- A: What is your question?
- Q. Maine: A relative dies intestate. No one files probate. Then what?
- A: There won't be a probate until someone steps up and petitions to be appointed executor of the estate.
- Q. I own both a car and house with a girl, we are not married. If I die will she take full ownership or do I need a will?
- A: The laws of intestate succession NEVER include unrelated parties as heirs. To ensure that your girlfriend receives your estate when you die, you need a will. There are other methods that can be used that do not involve probating a will. For example, you could title the car in both of your names separated by the word "OR". Similar techniques are available for the house. However, these non-probate techniques suffer from the downside that they expose those assets to your girlfriend's creditors, sometimes cannot be undone without her signature (what if you break up?), and other issues. The will is the safest because you can always change it and her signature is not required to do so.
- Q. Can you donate your property to a charitable organization in the state of Idaho after the foreclosure process has begun?
- A: You can, but the lender can still foreclose.
- Q. If an adult child dies before their parent who both die intestate, does the adult child's child get their estate?
- A: The answer is, it depends. It depends on what the grandmother's will said. If she did not have a will, then it depends on the laws of intestate succession in the state or province in which the grandmother died. You said where YOU are, but you did not say where grandmother lived when she died.
- Q. The home ive lived in for 40 yrs. is in short sale. what rights do i have if i still live there?
- A: It sounds like you were renting month to month and the new owner of the house, your dad's estate, has served you will a 60-day notice to quit in order to prepare the house for sale. You must move within that 60 day period. If you do not move, they can get a local sheriff to bodily drag you out and put all of your possessions on the curb. You are best off looking for a new place to live and not fighting this. You do not have the "right" to stay in property you do not own when the property owner wants you gone and you do not have a long term, written lease.
- Q. in indiana, is a likely beneficiary entitled to see a testator's will before the testator dies?
- A: No. Wills are private and amendable until the testator dies. I know that is frustrating, but there is nothing you can do to FORCE anyone to show you the will before the testator dies.
- Q. Can you add someone to the deed to your house but Will that your home be sold/profits split Among people not on the deed
- A: I would agree with Mr. Berge and would add, less diplomatically then he did, no, don't do it! That is terrible do-it-yourself estate planning, and it often does not work out as planned. I can't count the number of times I read a question on these types of Ask-A-Lawyer forums that go something like this. "My mom deeded her house to my brother with the understanding (not in writing of course) that he would sell it when she passed and split the proceeds with his brothers and sisters. Now mom has passed and my brother has sold the house and he is not sharing the proceeds with anyone. What can I do?" And the answer is, not much. IF you can PROVE those were your mother's instructions to your brother, you MIGHT be able to force him to share the proceeds, but it will cost a lot if time and money to accomplish that and it is a very rare attorney that will do this kind of work on a contingent fee basis. Your grandmother should hire (or should have hired) an estate planning attorney to do this the right way.
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