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Dagmar Pollex

Dagmar Pollex’s Answers

115 total


  • What is the penalty for not filing a will in georgia?

    Step Mother stated that she has a will, but has yet to file it. it has been 6 years

    Dagmar’s Answer

    I'm assuming from your question that your father died 6 years ago? Every state has its own laws regarding filing of the Will and other related answers. If your father lived in Georgia, you should meet with a Georgia attorney who can explain what options you have to request a copy of the Will and determine whether any assets owned by your father passed under the Will.

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  • How do I transfer savings bonds into my Trust?

    Do I need to do it or can I designate a beneficiary?

    Dagmar’s Answer

    The forms to add a beneficiary are also online. You should contact the attorney who drew up the trust for you to confirm that naming the trust, rather than individual beneficiaries is the right choice for you. Also, it is likely the attorney will want to update his or her records as to your account beneficiary designations.

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  • My husbands name is on joint accounts and property with his mother who died 18 years ago he never went thru probate.

    When he does go thru probate will he pay inheritance taxes on the amount the property and accounts were worth at that time or the present. And thank you all for your expert advise. Appreciate it.

    Dagmar’s Answer

    I agree that the joint accounts passed to your husband as a matter of law and would not be subject to probate and probate may not be necessary. You didn't say whether your husband has any siblings who might claim those joint accounts were for convenience only and demand a share. However, since your mother-in-law died so long ago, that seems very unlikely.

    However, if any of the property that she owned jointly with your husband is real estate, there will be some things to do that are necessary to provide clear title to the real estate. It would be a good idea to consult with an estate planning attorney or probate attorney to take care of that and any other issues that might be present in her estate.

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  • Late gift tax return

    Are there any penalties or other consequences for filing a gift tax return late for gifts over the annual exclusion? No tax is owed since gifts are under the exemption amount.

    Dagmar’s Answer

    I agree with the other answers. If there are no gift taxes owed, there's no penalty for filing late.

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  • I'm looking to find my trust fund. What type of attorney do I need to help me find it?

    My father's adopted dad supposibly left a trust to me. My fathers name is timothy bringmen.last lived in las cruces nm and my grandfather lived there and el paso tx. How cab I begin to find or look for him or trust?

    Dagmar’s Answer

    You could start by calling the Probate Court for the counties that your grandfather may have lived in when he died to see if there is a Probate case filed for him after his death. I agree that you will most likely also want to consult with a probate attorney in the state where your grandfather last lived.

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  • Can a will override a joint bank account?

    A lawyer handling my wife's claims that the assets in a joint bank account can be made part of the estate by a provision in the will

    Dagmar’s Answer

    Attorney Snell is correct that the Will could clarify that the joint account is for convenience only and not meant to be owned by the joint owner. However, using this approach is not ideal because despite the Will, the joint owner has authority to withdraw the funds from the bank while th eWill is in the process of being probated.

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  • I need to change the guardian of the estate

    We had a situation were my grandmother was put in a home and my mother has power of attorney. While my grandmother resides at this retirement home her great niece who she hasn't seen in 6 years came in and was appointed guardian of the estate. My ...

    Dagmar’s Answer

    Since a guardian was appointed to represent your grandmother, that means the Court found that she was legally incompetent and therefore needs someone else to represent her interests. You or someone else in your family, could file a petition with the Court explaining why her best interests are not being served by the current guardian and ask the Court to appoint you or someone else.

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  • How long does a lawyer keep escrow monies before its distributed?

    My brother died in California and a year ago the beneficiaries received their monies. The lawyer kept $2000.00 in escrow for future bills. Would he automatically distribute this?

    Dagmar’s Answer

    It depends upon the situation. There may be some question as to whether additional income or other taxes might be due, for example. Or there may be other potential late bills that he is concerned about.
    If you are a beneficiary, he should give you an accounting and a reason for the escrow.

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  • My brother has sold all my mothers estate. And has the car I was to get when she died, He said he needed to pay some of her loan

    She had no bills she had no criedit. or bills. I've asked for the papers on all her things she had on her bills the copy of sales included paper showing he sold the car to a copy of her living well life insurance sales on the furniture and belongs...

    Dagmar’s Answer

    You are right to be looking for an attorney to help you because these situations can be complicated. You can find an elder law attorney in your area at the National Academy of Elder Law Attorneys website at www.naela.org.

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  • Is it "OK" for bro to co-mingle personal $$ with $$ from the sale of parents home to purchase real estate without telling sis?

    Dad is deceased; Mom has dementia and is in SO. CA.; as are my Brother and his wife. I, the Sister, live in NO. CA. My Brother & I are Joint Executors, & his wife & I have Joint Power of Attorney. It was Mom's concern that her savings be left "a...

    Dagmar’s Answer

    You should meet with a qualified elder law attorney as soon as possible. If your mother has dementia the attorney can discuss with you steps you can take. It may be that you will have to apply for guardianship of your mother if she is not legally capable of making sound financial decisions for herself.

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