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Jeremy Adam Wechsler
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Jeremy Wechsler’s Answers

34 total

  • Should a person pass with a will that states 4 way split, would that include a insurance policy with one persons name on it?

    If that person signed it over to the funeral home.

    Jeremy’s Answer

    The life insurance policy will pass directly to the individual who is the designated beneficiary on that policy. The will has no bearing on a policy with a beneficiary designation, unless the designation is to the estate. In that case, the proceeds will become part of the estate and thus pass by will (to all 4 beneficiaries).

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  • Chances of having my personal represative rights revoked

    My husband and I took care of my aunt for two years in our home. she had ahlzheimers. my sister took care of her in those two years for ten days, which eight of those she got paid $50 a day. because I wasn't sending paperwork etc fast enough for h...

    Jeremy’s Answer

    If your aunt's attorney is insisting on litigation, then you will need to hire an attorney yourself. Hopefully, it will not be costly and drawn out. Much better idea to resolve outside of court, and hopefully, you can communicate this to your aunt.

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  • How can I change the real property ownership from my deceased mother who died with no will.

    I am my mother's only child. She left me as benefiicary on her life insurance, retirement, and bank accounts, but she didn't get chance to put my name on the house we both lived in. Does the house go through probate.

    Jeremy’s Answer

    With or without a will, the house, assuming it was not in joint names, will have to go through the probate process. Without a will, your mother died intestate. The court will therefore appoint an executor (you, perhaps). Your state's intestacy laws will then dictate how your mother's assets are to be distributed. Typically, intestacy statutes specify the nearest living relatives will receive even shares of the property. You should check with a local attorney and will likely need to hire an attorney.

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  • Power of Attorney

    A sibling was POA for my parents (age 83) and has since been revoked due to the fact that the sibling did not want to give any financial information to my parents as to how much money they have and where it is. We are finding that the sibling has...

    Jeremy’s Answer

    A power of attorney, at least in Pennsylvania, is always revocable by the principal (the person who gave power of attorney to someone else).

    When you say that "their money no longer belongs to them," are you saying that your sibling retitled the accounts in her name? This should not have happened, and your parents have recourse here too.

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  • Is a hospital bill consider a mean tested public benefit?

    My best friend parents need to be sponsored to get the residence., and i m going to be the join-sponsor because his son doesnt get the require income. Because of their age, if they go to the hospital and have bill unpaid, is that bill consider par...

    Jeremy’s Answer

    The issues that you raise with your question are best dealt with by speaking with a qualified elder law or special needs attorney. That attorney can evaluate the complete situation and set of facts and determine Medicaid eligibility.

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  • Can I have a will overturned if I think that it wasn't meant to be implemented due to the premature death of the writer?

    My dad remarried after my mother died. They had been married 55 years. He was only remarried for one year when he died unexpectantly. His will states that my sister and I are equal owners of his home and yet his 2nd wife is allowed to live there u...

    Jeremy’s Answer

    Unfortunately, it is very difficult to successfully challenge a will, at least in the Commonwealth of Pennsylvania. In Pennsylvania, one must be competent (over 18 and of sound mind and body) and not be unduly influenced. The burden is on the challenger to prove incompetency or undue influence. These aren't as easy to prove as they sound though.

    It's tragic when people die before their time and unexpectedly. This does not, by itself, however provide grounds to overturn a will.

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  • If my father in law left everything to me does the kids have a right to contest the will and charge me for tortorous interferenc

    He left everything to me because his other children besides my husband abanded him in all aspectx ,not that he has passed they are wanting everything

    Jeremy’s Answer

    A will can be challenged by potential beneficiaries. Each state and most likely, each county court that handles will challenges, has different rules. You must hire an attorney to help defend against any potential challenge.

    In Pennsylvania, the burden falls to the person challenging to prove that the testator was competent and not unduly influenced at the time the will was created.

    However, in PA, the law presumes that you wish to include all of your children as beneficiaries, even if they are not in the will. Therefore, it is important to specifically disinherit a child-beneficiary.

    You should speak with a lawyer who can review the will with you and discuss your options.

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  • If a discrepancy between a last will & testament and a life insurance policy exists, which takes priority?

    My will lists my beneficiary as my daughter and my son. My life insurance policy and IRA lists both my son & daughter, also. I am considering changing the beneficiary in my to JUST my daughter. In my will if I bequeath all my property, cash, a...

    Jeremy’s Answer

    Just agreeing with the other two attorneys here. The life insurance policy is considered a contract, and has attached to it a beneficiary designation form. As such, it passes outside of the probate estate/will.

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  • Can I file a petition to have someone removed as executor of a will without using an attorney?

    My sister is the executor of my grandfather's will. It's been almost 4 years and the estate is still not settled. She refuses to do anything and won't communicate with either me or even her attorney! I live in IN and she is in MA. I don't have...

    Jeremy’s Answer

    Sorry that this has been a burden for you and your family. It is important that people choose responsible executors and agents. Here, unfortunately, is an example of what can go wrong if the wrong person is chosen.

    Having said that, you will need to goto court to petition the removal of the executor. There are many court procedures and rules, as well as the law of the jurisdiction that must be followed. An attorney is best suited to handle the above. You can attempt to handle the matter yourself, but I do not know if you will be successful. Good luck.

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