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George C Constant
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George Constant’s Answers

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  • Should I incorporate to sell items online?

    I have an idea for a craft that I can produce and sell online. I will either sell on Ebay or make a personal website to sell the item. Do I need to incorporate or form a LLC before doing this? If so, the costs of forming a corporation make it ...

    George’s Answer

    You can choose to run your business as a sole proprietorship without incorporating. However, if you do not incorporate, then your personal assets can be reached by any business creditors.

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  • Si'm executor and heir of my grandmoms will do i need to do probate when i am on her bank acc as joint signer or can i handle i

    the will is recently changed to exclude her 2 surviving children both of which she gave money to when she lived and told them that was there inheritance and they were'nt getting any thing else. they haven't had anything to do with her except try t...

    George’s Answer

    If the Savings and Checking accounts were registered to you and your grandmother as joint tenants with rights of survivorship, then they automatically passed to you at her death, and would not be subject to probate. You may want to go to the bank to confirm the registration on the account.

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  • What my legal rights \the house is my decease grandfather name. but i live in thehouse pay all the bills do i have any rights

    whats mylegal rights to house ipay all the bills my grandfather been decease but there was no will

    George’s Answer

    If your grandfather had no will, then the house and any other assets he had would be distributed to his heirs under the intestacy laws of your state.

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  • When husband died, house & cars were in his name. Does spouse have to pay to have them put in her name.

    The trailer they live in, a car and an old truck are the only assets they have. No money or savings.

    George’s Answer

    If these assets were owned by the husband they are part of his probate estate. If he had a will, they would be distributed under the terms of the will. If he had no will then they would be distributed to the heirs as determined under intestacy laws of his state. Many states have simple procedures that allow a surviving spouse to transfer an automobile to herself without having to file a probate.

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  • In PA dad deeded property to daughters 2 yrs prior nursing home. Property sold prior to his death, what happens in probate?

    In PA dad deeded property to daughters 2 yrs prior nursing home. Property sold prior to his death, what happens in probate with this property? Can the State go after the proceeds of this property even though the father no longer owned the propert...

    George’s Answer

    I agree with Mr. Fromm's answer.

    There are some missing facts from your questions that would impact the outcome of this. Was your father receiving Medicaid benefits at the time of his death? If so, how did your father qualify, given that a transfer of the home happened two years before entering the nuring home? Did he private pay until he got past the loockback period? Did he private pay during the disquaification period. Did yourfather transer his entire interest to his daughter, or did he transfer a remainder interest, while retaining life estate interest for himself. If he had a life estate when the property was sold, then a portion of those proceeds would have payable to him. I believe you should consult with an estate attorney in your state.

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  • When a 35 year old woman passes and her mother is on the deed and not on the mortgage note. where dose she stand legally. ty.

    my daughter past and we want know if her mother is responable for the mortgage. we do not know what the law is in pa.

    George’s Answer

    Assuming that your daughter had already tranferred the house to you, you may be the owner. However, the bank holds mortgage on the property securing your daughter's note. If your daughter's debt to the bank is not paid, the bank could foreclose on the property.

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  • If all heirs waive rights can we avoid probate.

    I provide 24/7 care for my Mother in her home. I have quit my job and I am living off my savings. I have 3 brothers one of which is deceased can my living brothers and my deceased brothers children fill out waivers declining claim to the estate ...

    George’s Answer

    The information you provided appears to indicate that you mother does not own any assets in her name other than her personal belongings. Those would be the only assets that would potentially be subject to probate. One way to avoind probate on those assests is for your mother to give them away while she is alive. Since most tangible personal property does not have formal documents of title, they are often disposed informally by person in possession of that property when the owners dies. In fact many wills and trusts have provisions that direct the personal representative to distribute the assets based on memorandum that the owner leaves behind. It should also be noted that because of the unique nature of tangible personal property, there is a danger that the person who has possesion if these items may misappropriate them. Many states have simpler probate procedure that can be used for small estates. Perhaps this would be a viable option in your mother's case.

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  • How do you revoke a dpoa?

    I hold the dpoa for my mother. She has several health issues both physical and mental ( bipolar ). She lives in assisted living because she physically cannot live alone. She does not take her phyc meds as prescribed and becomes highly agitated and...

    George’s Answer

    A durable power of attorney is often revoked when the principal (your mother in this case) signs a new durble power of attorney, stating that she expressly revokes the prior one. Also, your mother could go to third party insitutions such as her bank and inform them that she has revoked your power. It is possible that in your mother's case, her mental state is such that she lacks the capacity to revoke her power of attorney.

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  • I put a deposit down for last weeks' tuition at a private school. Are the new owners legally responsible to honor this?

    I put down a deposit plus the last weeks' tuition at a private school. Between the time of the deposit and when the child started the school, the ownership changed hands. Fast forward two years later, and the new owners are saying that they do not...

    George’s Answer

    It depends on whether the "new" owners assumed the liabilities of the prior owners. If the new owners simply bought the buidling and other assets from the prior owners, then they would not likely be a party to the contract between you and the prior owners. You could seek a refund from the prior oweners in that situation. However, if the new owners purchased the business entity e.g. Corporation, LLC, etc. from the prior owners, then the school and it's owners would be obligated to honor the last week's tuition.

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  • Do I have a right to this?

    My father recently passed away & had a checking account & a savings account.His savings account was under his "Trust" & had my siblings and I as beneficiaries.His checking account was a joint account with right of survivorship,I was on his joint a...

    George’s Answer

    If the checking account was registered to you and your father as joint tenants with rights of survivorship, then it is not part of the trust. You are now the sole owner of the account and the trustee does not have any rights to this account. If you decided to transfer the funds to what is now an irrevocable trust (even if your father's trust was revocable when he signed it, it became irrevocable upon his death) you would be deemed to have made a gift, and that could have negative tax consequences for you.

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