William W Erhart’s Answers

William W Erhart

Wilmington Estate Planning Attorney.

Contributor Level 7
  1. What type of lawyer do I really need? I live in Pittsburgh, my elderly sister lived in Chicago before her April death.

    Answered about 2 years ago.

    1. William W Erhart
    2. Eric Jerome Gold
    3. Daniel Mcgraw Little
    3 lawyer answers

    It is unclear what kind of help you are looking for? Why do you want to have the body exhumed? Is it a personal injury concern? Wrongful death? You mentioned a caretaker committed fraud, but what has that to do with an exhumation? You need to speak to an attorney, but I think that an estate or probate attorney (or issue) may not be your primary concern. You should consider contacting the Chicago bar referral service and ask for a fraud attorney. They usually have some basic understanding of...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. As trust beneficiaries with estate administration dragging on, can my brother and I initiate "order to show cause"?

    Answered almost 3 years ago.

    1. Charles Adam Shultz
    2. William W Erhart
    2 lawyer answers

    This is very complex and you will need to hire an attorney to determine whether the settlement agreement was breached and what the appropriate remedy is. Is sounds as if you are handling the matter yourself. Once you seek court action, if you make a mistake, it will actually delay the resolution. As a practical matter, you may technically be entitle to a court remedy, but it may slow the process down. An attorney familiar, not just with the law, but local practice can help you with this.

    7 lawyers agreed with this answer

  3. Do I need to keep the house in my Dad's name?

    Answered almost 3 years ago.

    1. Loraine M. DiSalvo
    2. William W Erhart
    3. Robert Louis Feliciani III
    3 lawyer answers

    Without a written agreement at best there will be confusion at the time of your father's death unless his Will precisely reflects your agreement with him. If the house is yours in all but name, it is a good idea to have it conveyed into your name at least as joint owner.

    6 lawyers agreed with this answer

  4. How to choose & type specialty lawyer to sue will executer NOT to contest will, only show executer mishandled & stole.

    Answered about 2 years ago.

    1. William W Erhart
    2. Eric Jerome Gold
    3. James Paul Coletta
    4. James P. Frederick
    4 lawyer answers

    This falls under the area of fiduciary litigation. Trusts, probate, guardianship litigation are all key words for looking for an attorney for hold an agent under a power of attorney accountable.

    5 lawyers agreed with this answer

  5. Probate in Georgia, beneficiary in New York. Which state does beneficiary hire lawyer in?

    Answered about 2 years ago.

    1. Rudolf J. Karvay
    2. Yefim Rubinov
    3. William W Erhart
    4. Eric Jerome Gold
    5. James P. Frederick
    5 lawyer answers

    Absent some unusual circumstance, you are going to have to hire an attorney in the state where the probate is taking place, assuming the property is there as well. It is easy to make that determination by speaking to a lawyer.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I am trustee of my moms trustshould I let my sister suponea bank statements she says money is missing and is taking me to court

    Answered almost 3 years ago.

    1. Robert Paul Bergman
    2. William W Erhart
    3. Michael Robert Weinstein
    4. Steven J. Fromm
    5. Charles Adam Shultz
    5 lawyer answers

    Your question is not a legal one per se, but if your sister is filing demands with no factual or legal basis she can be held accountable by the court. Unfortunately there is no cure nor preventative for an angry or irrational person.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. If a DPOA is signed and the DPOA is not providing the elder (her mother) the care she is requesting nor access to her money...

    Answered almost 3 years ago.

    1. Charles Adam Shultz
    2. William W Erhart
    3. Robert Louis Feliciani III
    3 lawyer answers

    The real issue here is whether your mother has capacity to make decisions on her own. If she does, she can revoke the power of attorney if she feels she is being mistreated. If she does not have capacity to make decisions, then you should retain an attorney and seek guardianship of your mother through the court. An attorney can give you guidance on what is capacity and assist you in unwinding this. The real problem, as opposed to the real issue, is that capacity, the ability to make...

    4 lawyers agreed with this answer

  8. Ascertainable standards of Irrevocable Trust

    Answered almost 3 years ago.

    1. Joshua Thomas Keleske
    2. C. Kelley Corbridge
    3. William W Erhart
    4. Gregg Garth Heckley
    5. Richard W Beck
    5 lawyer answers

    While one has to see the entire trust document to answer conclusively it appears you have no right to compel a distribution. Spendthrift trusts are generally designed and applied so that credit card debt and loans on a home are not paid from trust principal. Also, what are the ascertainable standards? Health, education and support? Welfare? Are the standards to be construed liberally or conservatively? Another issue, who is the trustee? Have you the right to replace the trustee?

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can an attorney depose a guardian in a termination of guardianship proceeding?

    Answered about 2 years ago.

    1. Julie Aletta Paquette
    2. William W Erhart
    3. James P. Frederick
    3 lawyer answers

    I am not a Michigan attorney, but if the matter is contested and in litigation, an attorney can generally take a deposition. It depends upon the procedural posture of the termination.

    3 lawyers agreed with this answer

  10. My daughter is in the process of selling my home without my permission, what would be the course i should take change trustees.

    Answered almost 2 years ago.

    1. Laurence I Levinson
    2. William W Erhart
    3. Frank A Selden
    3 lawyer answers

    This is a serious issue for which you should consult an attorney immediately. Based upon your questions and its ambiguous use of terms, I cannot answer it with any certainty.

    1 lawyer agreed with this answer

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