Power of Attorney and Elder Abuse COMMENT: You stated to a reader recently that it was unclear why the niece no longer had power of attorney (POA) over the aunt's house – and a conservator stepped in. As an advocate against guardianship abuse, a POA can be removed through the courts like a discarded traffic [...]
Who should inherit my mom's house? A step-sister is claiming a share of the reader's mom's house after mom quitclaimed the deed to her father Q: My mother and father were married for over 20 years. During their marriage they bought a house. At some point my mother signed a quitclaim deed and made my [...]
Settling an estate, condo sale and debts. These are the issues this family is facing two years after their son's death. What would you do? Q: My single son died two years ago. He had no children. His only assets were his condominium and the money he had in his 401(k) plan. His condo is [...]
Should I set up a trust or use a transfer-on-death (TOD) deed or instrument? That's what one of Ilyce's readers wrote in to ask how she should manage her estate. To read more Q&A like this one, sign up for Ilyce Glink's Love, Money + Real Estate newsletter. Should I set up a trust? Q: [...]
Should I amend my living trust when I buy more property? This reader moved and purchased two new properties since they last amended their trust in 2006. Q: I live in Florida and have a living trust which was amended in 2006. My daughter is my only heir and has now married. I have moved, [...]
What happens if my husband dies and the title is only in his name? This reader is on the mortgage but not the title and hasn’t had any luck fixing it. Q: My husband died in 2013. After his death I learned that the title to our home we purchased when we got married was [...]
What happens when a will and a quitclaim deed conflict? She quitclaimed her interest in the home when they split, but he never changed his will. Q: My friend prepared his will and specified that his house would go to his girlfriend. She had contributed money to the upkeep while they were together. At the [...]
What to know about transferring property to beneficiaries. This reader wants to know if it’s better to transfer the title or go through probate. Q: I’ve enjoyed reading your recent article in our local newspaper on the differences between using a will and a quitclaim deed in order to pass property to heirs or family [...]
Does a quitclaim deed override a will? This reader wants to know which document is used to determine who inherits the property of a friend who passed. Q: My friend filled out a will before she married her last husband. She owned a house and when she married she did a quitclaim deed with her [...]
How do you change a deed from tenants in common to joint tenants? This homeowner also wants to know if it will trigger any adverse tax consequences. Q: My wife and I purchased a home over 40 years ago. The original deed is titled as John Smith and Sally Smith. This defaults to tenants in [...]
