C. Boyd Cote's Answers

Do the children of the non custodial parent have rights to his assets upon his death

There are many levels to this question. With the exception of Louisiana children do not have a right to inherit from parents. However your Property Settlement Agreement may have called for the children's father to carry life insurance for their benefit. Children under the age of 18 or still in school may have different rights from their emancipated brothers and sisters. The first step is to determine if he had a Will, or died without a Will (intestate) ). In either event anyone seeking to...

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If a borrower dies owing on a promissory note, does his debt die with him or can you collect from his estate?

THE SHORT ANSWER IS THAT IF THE ESTATE HAS ASSETS IT HAS TO SATISFY THE DECEASED'S DEBTS. THERE ARE PRIORITIES AS TO WHAT DEBT GETS PAID FIRST, AND MOST STATES HAVE A PROCEDURE TO DISCHARGE DEBT IF THE DECEASED HAS NO ASSETS.

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Seeking a lawyer in Branford, CT area for trust dispute

I am not a lawyer in your state, but it is possible to invade a Trust, A detailed reading of the document must take place, as well as a review of the Grantor's intent, your needs and any changed circumstances. You should arrange a consultation with a local attorney who specializes in Probate Law.

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Is is necessary to probate my deceased mother's real property or can I transfer it to me under Texas probate laws

While I am not a lawyer in Texas, I do not feel that it would be illegal to leave the property in your mothers name, but it will create a title nightmare if you ever want to sell or finance the property, or leave it to your children. The clean way to handle this transaction would be for the Executor of the Estate and your brother and sister to sign a Deed granting you title, which deed should be recorded in the clerk's office. Not changing the title now leaves too many open questions, and too...

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Is the homeowner responsible for paying attorney's fees and late charges when title company gave HOA the wrong mailing address?

I am not a lawyer in your state, but generally the home owner is responsible, even if no bill is received. However it sounds as though the title closer made an error and should make you whole. Contact a local real estate attorney, it will be worth your peace of mind if nothing else.

What's the worst that can happen if you don't pay your hoa dues for a vacant lot in a residential subdivision?

I am not a lawyer in your State, but the late fees can be extreme, plus you may be liable for collection costs which add up quickly. In time the HOA can foreclose. You have options such as a short sale, or a deed in lieu of foreclosure. See a local real estate attorney soon, before things get worse for you. I hope you work it out.

Guardianship of an elder

I am not an Attorney in Washington, and yes you can legally contest what is being done to your family. BUT you need an experienced probate/Guardianship lawyer in your corner. These are difficult, emotional cases, and your Counsel must be experienced in the area.

Transfer of guardianship of minor child to different state

You don't say how you became the Guardian, if it was by Will contact the Surrogate in the County where you plan to move and ask for its requiirements. You can do the same if appointed by Court Order, but may have to file an action in the Probate Court in the State you are leaving, and the State you are going to move. You can contact a Probete attorney in the state where you live if the Surrogate is not helpful.

Seller's right to foreclose on buyer that is not paying mortgage

I am not a lawyer in your state, and you do not say if you had the buyer sign a mortgage and note when you sold her the house. If she signed a mortgage and is not paying you clearly have the right to foreclose on her. You should see a local attorney as soon as is possible to protect your rights and your property.

River and states

The Hudson. Why is this a legal question?