Herbert Warren Cooper IV’s Answers

Herbert Warren Cooper IV

Wellesley Business Attorney.

Contributor Level 14
  1. Lived & died in one state, will done in another

    Answered over 1 year ago.

    1. Julie Court Molloy
    2. Herbert Warren Cooper IV
    3. Celia R Reed
    4. Matthew Erik Johnson
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    Generally, probate will be initiated in the state in which the decedent was "domiciled." A shorthand for domicile is where the decedent's home was - where the decedent always returned, if you will. "Ancillary" proceedings may occur if there is real estate in another state - but the primary probate would be in the decedent's state of domicile.

    12 lawyers agreed with this answer

  2. Father passed, Deed missing.

    Answered about 2 years ago.

    1. Thomas J Callahan
    2. Jennifer A Deland
    3. Brian C. Snell
    4. Herbert Warren Cooper IV
    5. Elliot S Coren
    6. ···
    7 lawyer answers

    All of the other answers above are on point. It might help clarify things, however, if you understand how property passes upon death, and the effects of a mortgage. As far as the mortgage, it acts as a conditional deed. If you don't pay the mortgage, the house is foreclosed and passes to the lender. However, if you pay off the loan, the lender sends a discharge, which should be recorded at the registry of deeds under the borrower's and lender's names (or if the lender assigned it, under...

    Selected as best answer

  3. Can my old boss keep me from working at the only other company in the business?

    Answered over 1 year ago.

    1. Herbert Warren Cooper IV
    2. Emma A. Kremer
    3. Cheri L Crow
    4. Carla Ranum
    5. J Charles Ferrari
    5 lawyer answers

    Don't send him any lunar photos, it might come back to bite you. Seriously, whether a noncompete will be enforceable against a former employee (non-owner) will hinge upon what "protectable interests" are at stake. Weighing the economics, you would be well-advised to speak with an experienced attorney rather than turn down a decent job. The outcome will depend upon what information and customer contact you had, as well as what your new employer is willing to risk, and what level of expense...

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  4. My teacher said that lawyers are the most unemployed people in this country am really confused now i dont know maybe is true tax

    Answered almost 2 years ago.

    1. Herbert Warren Cooper IV
    2. Michael Charles Doland
    3. Christopher Michael Larson
    3 lawyer answers

    The legal market is not what it once was. There are more law schools, and places in law school, than there used to be in the past. I'm not sure whether they are the most unemployed people in the country, but a law degree is not necessarily a guarantee of employment as a lawyer. One needs to balance the cost against the difficulty of paying off any student loans incurred to obtain a degree. That said, if you have a passion to serve people, particularly those who can't afford rates charged by...

    10 lawyers agreed with this answer

  5. What if the executor does not file paperwork with probate court?

    Answered over 1 year ago.

    1. Herbert Warren Cooper IV
    2. Elliot S Coren
    3. Christopher W. Vaughn-Martel
    4. James P. Frederick
    5. Henry Lebensbaum
    6. ···
    6 lawyer answers

    You would do well to speak with an experienced probate attorney. Normally, an inventory and account should be available at this point. There are some situations where "informal" dealings can occur, but generally not with amounts north of $10K. At that point, you are going to have to file paperwork with the court. An attorney could help encourage your relative to do what is required of her, or arrange for a replacement executrix/administrator to be appointed.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Should I worry about estate taxes?

    Answered over 1 year ago.

    1. Herbert Warren Cooper IV
    2. David A. Jarominski
    3. Brian C. Snell
    4. Denise Leydon Harvey
    5. Julie Court Molloy
    5 lawyer answers

    Yes, maybe. It would really depend upon what you are willing to do, and what your assets currently are. It sounds like you would be wasting about $500K of your wife's exemption if you do nothing and she dies first. Conversely, if you die first, assuming appropriate language in the revocable trust, there wouldn't be a problem. However, we never know who is going to die first. Also, your trusts and retirement asset beneficiary designations should have appropriate wording for utilizing...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Estate Planning / Will Price?

    Answered about 2 years ago.

    1. E. Alexandra Golden
    2. Brian C. Snell
    3. Emily Towne McNeil
    4. Herbert Warren Cooper IV
    5. Steven J. Fromm
    6. ···
    8 lawyer answers

    First, there may be prohibitions on stating prices on this website, because of anti-trust concerns. Generally though, to get the best results from your estate planning, you need to trust the attorney with whom you are working. There are two facets to this - your trust that they are looking out for your interests, and your trust that they have the education and experience to steer you in the best direction out of many possible. There is much "grey" in estate planning - a good estate...

    9 lawyers agreed with this answer

  8. Am i able to use my husbands ss check that he recieved 3 days after he died or do i wait to see if treasury debits my account

    Answered over 1 year ago.

    1. E. Alexandra Golden
    2. Herbert Warren Cooper IV
    3. Alan J Pransky
    4. Clifford Michael Farrell
    4 lawyer answers

    Probably not (they'll get it back). They do debit. Note Attorney Golden's response - you should make sure that you get the appropriate Social Security after his death.

    8 lawyers agreed with this answer

  9. If I feel the named executor of an estate has not acted professionally/honestly, is there a process for me to remove him/her?

    Answered over 1 year ago.

    1. Herbert Warren Cooper IV
    2. Catherine Taylor
    3. Jefferson W. Boone
    4. Henry Lebensbaum
    5. Elliot S Coren
    5 lawyer answers

    Yes, you can request the removal of an executor. There is a Petition for Removal that can be filed, along with a filing fee (approximately $115 +/-). Bear in mind that it is not easy to remove an executor chosen by the decedent, in the absence of malfeasance or misfeasance. Also, if you are not successful, the costs of the executor, including legal expenses, are normally paid by the estate. Thus, if you are a beneficiary of a portion of the "residue and remainder" of the estate, this will...

    8 lawyers agreed with this answer

  10. My mother died and there is no signed Will. There is a draft of a Will which names her friends as executers as well as most mon

    Answered almost 2 years ago.

    1. Herbert Warren Cooper IV
    2. Brian C. Snell
    3. Erik Hammarlund
    4. John B. Reilly
    4 lawyer answers

    In general, anyone in possession of a will (not an unexecuted copy, which is not a will, just a draft), is obligated to turn it over either to the probate court (by filing, with a death certificate) or by turning it over to someone (e.g., the named executor) for filing, normally within 30 days of the date of death. The safe deposit box will eventually be opened, and any will (if any) will be discovered. If no will has been filed with the probate court, the will, when discovered, would need...

    8 lawyers agreed with this answer

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