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Last Will

If a will was drawn up in new york but the recipient is a minor and resident of tennessee which laws are in effect?

In general, a Will must be probated in every state where there is real estate of the deceased person & the state where the decedent resided. Therefore, in your case, if the decedent has lived in New York at the time of his death, the Will should be probated in New York. Viktoriya Shaykhutdinova’s offices are located in Pasadena, California. Viktoriya Shaykhutdinova is licensed to practice law in in the state of California and her comments may only apply to that state. If your question applies to a different state, you should check with an attorney in that state. The information is not, nor is it intended to be a legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.

My father has a will with an executor but we would like to change the executor and rewrite the will?

Typically, while your father is alive and has full mental capacity, any portion of the will can be changed as long as he signs the amendment. However, if your father is deceased or does not have mental capacity to know what he's signing, then you cannot change the will.

Cody Cooper's offices are located in Pasadena, California. Cody Cooper is licensed to practice law in the state of California and their comments may only apply to that state. If your question applies to a different state you should check with an attorney in that state. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.

Living Trust

Can I create a living trust before I purchase the property I want to put in it in ma?

Yes, you can create a Revocable Living Trust before you purchase the property. However, you will need to make some changes to the Schedule A of your Legal Zoom Living Trust to add the property you purchased. Viktoriya Shaykhutdinova’s offices are located in Pasadena, California. Viktoriya Shaykhutdinova is licensed to practice law in in the state of California and her comments may only apply to that state. If your question applies to a different state, you should check with an attorney in that state. The information is not, nor is it intended to be a legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.

Can we sell a property being successor trustee of my fathers revocable living trust?

Look for a section in the trust named Trustee's Powers and Duties or something similar. You would want to look for language about the power to sell or manage trust real estate. Most living trusts contain language similar to this, however, it depends entirely on the choices your father made when setting up his trust. Some people choose not to include those powers in the trust. I suggest that you have an attorney licensed in your state review the trust. ATTORNEY ADVERTISEMENT. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Amy Hutchens' offices are located in Kansas City, Missouri. Ms. Hutchens is licensed to practice law in the state of Kansas and Missouri and her comments may only apply in those states. If your question applies to a different state you should check with an attorney in that state. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.

Estate Plan Bundle

Does california require documents to be notarized?

Requirements for signing can vary based on the state and the document. LegalZoom includes detailed instructions in your final package so you’ll know what steps are needed.

Can I get a bundle for myself and my wife, together?

Absolutely, you have the option to purchase a bundle for yourself and your wife. Simply select “two people” when going through the process online.

Power of Attorney

Calif - do I need to have a notary sign/witness the financial poa for my mother or is it just the 2 witnesses that sign?

The signature requirements for a POA are EITHER a notary OR two witnesses above the age of 18 who do not benefit from the POA. You do not need both.

Cody Cooper's offices are located in Pasadena, California. Cody Cooper is licensed to practice law in the state of California and their comments may only apply to that state. If your question applies to a different state you should check with an attorney in that state. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.

My husband has been taking chemo he also has afib.. Hes going through. A procedure for afib.. Hes 85 should I get poa??

It would certainly be in your best interest to have a POA in a situation like this in case your husband becomes unable to handle his own financial affairs.

Cody Cooper's offices are located in Pasadena, California. Cody Cooper is licensed to practice law in the state of California and their comments may only apply to that state. If your question applies to a different state you should check with an attorney in that state. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.

Real Estate Deed Transfer

Kansas, if both (husband and wife) are on a property deed, can a spouse add a child to the property deed without his/hers spouse permission?

It depends on how the husband and wife are listed on the deed. Generally property owned by a husband and wife is considered a tenancy in common. A tenant in common can sell or give away his interest in the land without the consent of the other owner. If the husband and wife are listed as joint tenants on the deed, then consent of both parties is required to sell or give away an interest in the land. ATTORNEY ADVERTISEMENT. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Amy Hutchens' offices are located in Kansas City, Missouri. Ms. Hutchens is licensed to practice law in the state of Kansas and Missouri and her comments may only apply in those states. If your question applies to a different state you should check with an attorney in that state. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.

Kansas, does a transfer on death deed give take away any property rights from a surviving spouse?

As long as you are joint tenants with right of survivorship, a transfer on death deed does not take effect until the surviving spouse dies. It does not limit the surviving spouse's right to sell, mortgage, or rent the property. ATTORNEY ADVERTISEMENT. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Amy Hutchens' offices are located in Kansas City, Missouri. Ms. Hutchens is licensed to practice law in the state of Kansas and Missouri and her comments may only apply in those states. If your question applies to a different state you should check with an attorney in that state. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.

Living Will