Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Ray, you helped me with some questions a few days ago. I…

Customer Question
Hi Ray, you helped me...
Hi Ray, you helped me with some questions a few days ago. I have one more question. If my sister decides to sign a disclaimer of interest for her part of the home that my mother left to her in her Living trust, Is she allowed to transfer her interest to myself since I was not named in the trust as a beneficiary? Also, if I decide not to take any interest in the home and instead have her transfer her interest to my brother who is the other beneficiary, can we do that by transferring it into a single-member LLC with my brother as the member manager?
Submitted: 3 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 2 days by:
4/5/2018
Estate Lawyer: Irwin Law, Attorney replied 3 months ago
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7,569
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
Verified
If sister is a beneficiary of the trust she can quitclaim deed her interest to anc goyone she wishes. The LLC can own real estate with your brother as member manager. I hope that this answer is helpful. Please rate five stars. Thanks.
Ask Your Own Estate Law Question
Customer reply replied 3 months ago
In order to quit claim her interest in the property the property has to be put in her name as co-owner with my brother first. She is trying to avoid having it put in her name at all. Will the disclaimer of interest be sufficient? Also, after she signs the disclaimer of interest, do we have to let the heirs know that she will not be part owner? Our concern is that The siblings may be more likely to contest the trust if they know that my brother is getting the whole house. When we provide them a copy of the trust it will say that the house is split between her and my brother. I am wondering if we have to disclose to them that my sister is disclaiming her interest.
Estate Lawyer: Irwin Law, Attorney replied 3 months ago
I would have to read the entire trust in order to answer this question. If Sister disclaims, then her interest might pass to the residuary beneficiaries. Also, I can't say what notice has to be given to other beneficiaries. As I said, a good trust lawyer should review the entire document before any action is taken.
Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7,569
7,569 Satisfied Customers
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters

Irwin Law is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,841 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,579 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,133 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,514 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,209 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
My husband's father died a couple years ago. He was
My husband's father died a couple years ago. He was predeceased by first his wife, then a son. My husband and 1 brother survive. My question is about ownership of the house. It was and is still titled… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
After my mother died recently, I've had to disclaim a
After my mother died recently, I've had to disclaim a portion of my inherited IRA in order for 2/3 of the total to go to my sister and brother (I believe she misunderstood beneficiary to mean that I w… read more
Jessica B
Jessica B
Juris Doctor
1,520 satisfied customers
My mother died, leaving equal interests in several pieces of
My mother died, leaving equal interests in several pieces of property to my sister, brother, and me. We would like to keep the property, and would like to know the best vehicle for owning this propert… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
Re: Probate There are four beneficiaries in the will of my
Re: Probate There are four beneficiaries in the will of my father who passed away on 5/7/16. Three beneficiaries (my sister, other brother, and me) agreed to forego receiving money from my grandmother… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
An Estate is held in Trust following our father's death. A
An Estate is held in Trust following our father's death. A single-member LLC is then established and owned by the Trust. The Trust is judged to be invalid, and the Estate is ordered to probate. By wil… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
My parents has conveyed, in 2009, their home to both me (their
My parents has conveyed, in 2009, their home to both me (their son) and my sister via trusts to both my sister and me; of which I am the trustee of both trusts. My father has passed last year; and my … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
I have a few questions to ask you. I need to provide a little
I have a few questions to ask you. I need to provide a little background information so this makes sense. First, my mother has Stage 5 Alzheimer's disease. She lives near my brother in Sheboygan, WI. … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My late father and my mother have separate revocable living
My late father and my mother have separate revocable living trusts. My father funded his trust with a few stocks, their home, and also designated his trustee(a bank trust company)as beneficiary of som… read more
socrateaser
socrateaser
1,031 satisfied customers
Can my estranged sister use the same attorney I used for our
Can my estranged sister use the same attorney I used for our mother's probate for our now deceased brother? Isn't that a conflict of interest? Shouldn't she retain someone else? My mother left my estr… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
If the Nevada Spendthrift Irrevocable Trust Asset Protection
If the Nevada Spendthrift Irrevocable Trust Asset Protection set up as example follow: Grantor/Trustee/Beneficiary is the same person named "Jane Doe". IS IT LEGAL TO TRANSFER BACK THE TITLE... From: … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
my father died a week ago and he had a trust. My mom is still
my father died a week ago and he had a trust. My mom is still living and I have two other sisters living at home who are single in their late 40's. I am married. My dad always told me the estate was d… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,147 satisfied customers
I have 2 questions. My mom died last month. We put my stepfather
I have 2 questions. My mom died last month. We put my stepfather in to assisted living as he has alzheimers. They filled out a trust in 2006 giving certain items to Phil's kids...but did not list anyt… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,147 satisfied customers
My mother passed away 3 years ago in California. Three months
My mother passed away 3 years ago in California. Three months prior to her death, my brother, using his power of attorney, transfered nearly $200,000 to his name. He then dispersed it somewhere, possi… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
Sister and I are co trustees of late fathers testamentary trust,
Sister and I are co trustees of late fathers testamentary trust, and living mothers irrevokable trust. Although it is stated in the will,we are beneficiaries after mother is no longer living,[we are h… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
our father just passed away. our mother is still alive. they
our father just passed away. our mother is still alive. they have a will and she just updated it today. the attorney they used said that when she passes away, it will have to go through probate. i dis… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
538 satisfied customers
My father removed #1 brother from his will etc. years ago.
My father removed #1 brother from his will etc. years ago. My mother is deceased and her living trust has #1 brother receiving 30%, #2 brother 30%, and #1 daughter 40%. Father presently in Florida, bu… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
MY MOTHER PASSED AWAY. I DIDN'T SET UP AN ESTATE BECAUSE SHE
MY MOTHER PASSED AWAY. I DIDN'T SET UP AN ESTATE BECAUSE SHE DIDN'T OWE ANYTHING. I RECENTLY FOUND OUT THAT HER NAME IS***** WITH HER SISTER AND BROTHER. THE HOUSE WAS HER PARENTS, WHO ARE BOTH DECEAS… read more
JaxLaw
JaxLaw
Associate Attorney
Doctoral Degree
1,722 satisfied customers
My mom is the grantor on a house as per rep of my dads esta
My mom is the grantor on a house as per rep of my dad's estate. My brother and myself are trustees of the testimentary trust and listed as grantees as well as the testimentary trust itself. my mom wan… read more
VanDLaw
VanDLaw
Juris Doctor
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x