Estate and Elder Law

Recent Posts

Ask Liza: Reporting Foreign Gifts
Posted on 19 May 2015 by Liza Weiman Hanks

Dear Liza: Does a person receiving a gift from a sibling in another country have to pay gift tax on that gift in the United States? In the United States, gifts are not considered ordinary income, so you don’t have to report them or pay income tax... Read More

Ask Liza: Can I See the Will?
Posted on 9 Mar 2013 by Liza Weiman Hanks

Dear Liza: My adult son just passed away. I would like to know whether, when his Will is probated, I will be able to see a copy? My condolences on your loss. Your son's Will must be filed in the probate court in the county in which he died as part... Read More

Ask Liza: Your Mom May Need a Conservatorship
Posted on 5 Mar 2013 by Liza Weiman Hanks

Dear Liza: My mother, suffering from Alzheimer’s, is completely mentally incompetent and living in a nursing home in Arkansas. I have only recently learned – surprise! – that she does not have a will. With my father and brother already... Read More

Ask Liza: Estate Planning Beats Avoidance
Posted on 7 Aug 2014 by Liza Weiman Hanks

By Liza Weiman Hanks | Dear Liza: We live in Nebraska. I own a ranch with my brother. Part of it we inherited and a small part we purchased from family members. The total value of the ranch is $2.7 million. We have a buy sell agreement between us.... Read More

Ask Liza: Annual Gifts and Lifetime Gifts
Posted on 14 Jun 2013 by Liza Weiman Hanks

Dear Liza, I would like to give my son $200k to upgrade homes. Can me and my wife each give $13,000 to my son, daughter in law, and two grand children? That would be $102,000, and then apply the remaining $98,000 to the unified tax credit. Can I write... Read More

Ask Liza: Is A Survivors Trust A Necessary Part Of A Trust?
Posted on 27 Feb 2015 by Liza Weiman Hanks

Dear Liza: My parents have a revocable Trust that is very outdated and we want to make amendments to it. I understand most of the Trust but am having trouble with the Survivors Trust. I was surprised to see that upon the death of one spouse a Survivors... Read More

Ask Liza: What to Do When One Parent Lacks Capacity
Posted on 26 Feb 2015 by Liza Weiman Hanks

Dear Liza, my parents do not have a living trust in place. I need to help them set one up. My father and mother are 91 and 83 respectively. My father has a form of dementia that prevents him from making decision about his property. My Mother is fully... Read More

Ask Liza: Avoiding a Lump Sum Inheritance
Posted on 26 Feb 2015 by Liza Weiman Hanks

Dear Liza My father wants to leave some of his assets to my brother and sister, however neither of them is particularly adept at handling money and he doesn’t want to hand them a large, lump sum. Can a Will stipulate that they receive payments on... Read More

Ask Liza: Paying Credit Card Debt As Trustee
Posted on 22 Jul 2015 by Liza Weiman Hanks

Dear Liza, My father passed away recently, and all of his and my mom’s assets are held in a living trust (except an individual checking account), of which I am now the Trustee. A few collection agencies are now contacting me about collecting on... Read More

Ask Liza: Who Inherits When There’s No Beneficiary?
Posted on 19 May 2015 by Liza Weiman Hanks

Dear Liza: My dad named his mother as his beneficiary, but she passed away in 2004. My dad died in 2013 but didn’t change his beneficiary. I am my father’s only child and he has no wife, so who gets the money ? When a person dies and there’s... Read More

Ask Liza: Are Wills Drafted In Other States Valid?
Posted on 24 May 2013 by Liza Weiman Hanks

Dear Liza: I would like to know if my wife and I had a will drawn up in Colorado and now reside in Arzonia do we need to have it redone? If your Will was valid in Colorado, it will be valid in Arizona. Both states require that a Will be in writing, be... Read More

Ask Liza: Naming a Minor as a Beneficiary of an IRA
Posted on 30 Sep 2014 by Liza Weiman Hanks

By Liza Weiman Hanks | Dear Liza: I want to name my minor grandchildren as beneficiaries of my IRA account. How do I do that? Can I use my Will? It’s a smart idea to name minors as beneficiaries of your IRAs. Since they are young, they’ll... Read More

Ask Liza: Disinheriting a Child
Posted on 10 Nov 2014 by Liza Weiman Hanks

By Liza Weiman Hanks Dear Liza: My husband and I both have a will that states we are each other’s beneficiaries and executor’s and our son as 100% beneficiary of both of us died,. My husband has a daughter by a previous marriage. If my... Read More

Ask Liza: Can the Executor Give Away Estate Assets?
Posted on 26 Feb 2015 by Liza Weiman Hanks

Dear Liza: My husband is the sole executor (and only child) of his mother’s Will. There are no other beneficiaries listed in her Will. The only asset she had was a home which is valued at about $300,000. Does he need to probate her Will? As the... Read More

Ask Liza: Creditor’s Claims and Trust Administration
Posted on 5 Nov 2014 by Liza Weiman Hanks

By Liza Weiman Hanks Dear Liza: I am the successor trustee of my parents trust. The have both passed and I was told before I disburse the assets I need to advertise a Notice to Creditors. How long and how many times do I need to advertise? Since... Read More