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Last Will

I am separated how does that affect me creating a will?

Marital property and spousal election (dower) rights vary by State. It can also be impacted by a pre-nuptial or Separation Agreement. I recommend that you schedule a full consultation with your LegalZoom provider law firm. Jeffrey Lippman's offices are located in Leesburg, Virginia. Mr. Lippman is licensed to practice law in the District of Columbia and the state of Maryland, and his comments may only apply to those jurisdictions. If your question applies to a different jurisdiction you should check with an attorney in that jurisdiction. 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 mother has 4 children; the youngest son never married, nor had any children. However, he has lived with a woman for over 30 years. When designating beneficiaries, if my brother precedes my mother in death, she wants his common-law wife (or domestic partner) to receive his 25% of her estate. What is the correct verbiage to indicate this?

The first determination is whether the state recognizes common law marriage. Then it needs to be determined whether they qualify as common law spouses. If so, then the rest can be discussed or outlined in a Will. If there is no common law marriage in the subject state, there may be other options. I urge you to schedule a consultation with your LegalZoom provider law firm. Jeffrey Lippman's offices are located in Leesburg, Virginia. Mr. Lippman is licensed to practice law in the District of Columbia and the state of Maryland, and his comments may only apply to those jurisdictions. If your question applies to a different jurisdiction you should check with an attorney in that jurisdiction. 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

My mother in law recently purchased land and a home through their family trust for my husband and I we are happily married still I just have a quick question... Am I as his wife able to put my name on the paperwork along side my husbands as an owner?

As was mentioned in a previous comment, if the house is owned by the trust, then the terms of the trust will control who will inherit it upon your in-laws' deaths. If they just used funds from the trust but titled the house in your husband's name, then your husband would be able to add you as a co-owner on the title. Issues such as this require a more in depth understanding of the circumstances, and are better suited to a 1-on-1 discussion. Check out LegalZoom’s Legal Plan. Membership provides access to provider attorneys that can discuss with you your specific situation, your rights, applicable State and Federal laws, and remedies or options. Bryan Zlimen is licensed to practice law in the state of Minnesota, and his comments may only apply to that jurisdiction. The information above is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

If I should go into a nursing home will they be able to take my home in which my daughter lives in?

The answer to this question depends on what state you live in and who are you referring to when you say "they". I would recommend setting up a consultation with the LegalZoom attorney in your state for a more thorough discussion.

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.

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.

Irrevocable living trust is it included?

LegalZoom offers only revocable Living Trusts, which are included in our Living Trust Bundles.

Power of Attorney

My mom die can I get power of attorney?

A Power of Attorney is not effective after death, nor can it be obtained after death. An Estate may need to be opened with a Personal Representative/Executor being named. To discuss this fully, I encourage you to schedule a consultation with your LegalZoom provider law firm. Jeffrey Lippman's offices are located in Leesburg, Virginia. Mr. Lippman is licensed to practice law in the District of Columbia and the state of Maryland, and his comments may only apply to those jurisdictions. If your question applies to a different jurisdiction you should check with an attorney in that jurisdiction. 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.

I am grandparent and my granddaughter just moved in how do I go about getting legal guardianship of her,her mother is willing to give it just how is it done?

Most Courts allow for a consensual, uncontested Guardianship process, but this varies from State to State. I recommend you schedule a thorough consultation with your LegalZoom provider law firm. Jeffrey Lippman's offices are located in Leesburg, Virginia. Mr. Lippman is licensed to practice law in the District of Columbia and the state of Maryland, and his comments may only apply to those jurisdictions. If your question applies to a different jurisdiction you should check with an attorney in that jurisdiction. 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

My mother in law recently purchased land and a home through their family trust for my husband and I we are happily married still I just have a quick question... Am I as his wife able to put my name on the paperwork along side my husbands as an owner?

As I understand your question, the property is now titled in the name of the Trust. No person would be the Title owner on the Deed. Further, only the Trustee is empowered to change the Deed, and they likely would not as it defeats the purpose of the Trust. To discuss this further, I recommend you schedule a consultation with your LegalZoom provider law firm. Jeffrey Lippman's offices are located in Leesburg, Virginia. Mr. Lippman is licensed to practice law in the District of Columbia and the state of Maryland, and his comments may only apply to those jurisdictions. If your question applies to a different jurisdiction you should check with an attorney in that jurisdiction. 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.

I need to transfer my deed into my living trust. What do I need to do and is this something I can do through legalzoom, as I did my trust with them?

To place property into a Trust, typically a Deed needs to be executed and recorded from the current Deed owners to the Living Trust. LegalZoom does have a Deed Transfer service and you are encouraged to contact LegalZoom about the details. To discuss the legal issues, i encourage you to schedule a consultation with your LegalZoom provider law firm. Jeffrey Lippman's offices are located in Leesburg, Virginia. Mr. Lippman is licensed to practice law in the District of Columbia and the state of Maryland, and his comments may only apply to those jurisdictions. If your question applies to a different jurisdiction you should check with an attorney in that jurisdiction. 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