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John-Paul Patrick Gilson

John-Paul Gilson’s Answers

195 total


  • Estates and Wills NC attorney

    I need only two things but the attorney I initially consulted with and paid $300 to is now not responding to me. I am willing to pay an attorney a fixed price simply to tell me what form I need to fill out as a beneficiary to gain access to my d...

    John-Paul’s Answer

    You need a local attorney. I'd suggest search here on avvo, or online, or in a phone book. Most offer free consults or consultations for a small fee under $100. Once you find one, sign a retainer agreement and help them to resolve this matter for you.

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  • How can we find out if a Will has been released from Probate in Washington?

    Our father passed away almost a year ago and we have heard nothing from the courts. Four siblings are to each receive a small cash sum and the estate was more than enough to cover it. The child who was appointed Executor has been dragging his fe...

    John-Paul’s Answer

    I agree with the prior attorneys. You should read and follow their advice.

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  • Should I receive a receipt of some type of documentation from a family member who purchased an item from the trust?

    My nephew purchased my deceased father's boat, which as left to me, but I agreed to split the profits with my siblings. My brother, the trustee, had my nephew send me my portion of the proceeds in a check directly from his account. The sale did ...

    John-Paul’s Answer

    You will need a local estate attorney to handle this matter for you. If the estate has been completely distributed; you should have title of the boat. If you have title of the boat, you can sell it for full market value.
    If the trust still owns the boat, and it hasn't passed to you; then it needs to pass to you in order to complete the sale. Assuming it's been left to you.

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  • Looking for an attorney to set up an estate plan for a US citizen with assets in USA and Canada. Heirs are all living in Canada.

    Assets type are bank accounts, brokerage accounts, IRA, 401K and Canadian RRSP

    John-Paul’s Answer

    It's likely that you will need two attorneys. One to setup a plan for all the US assets and one for all the Canada assets.
    I routinely setup estate planning for Virginia residents; however, most US attorneys aren't also licensed in Canada to practice Canadian law.

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  • If my mother passed away and she carried loan and it was paid in full just before passing do I need to send deed to new owners

    And does it still need to go probate if there is nothing to dispute

    John-Paul’s Answer

    It depends. It's likely that you will need a probate attorney in your local area to resolve this matter for you.

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  • How do I reclaim personal items from my Father's estate?

    My Father passed away and left no provision in his will to pass on personal family items to his 3 surviving children. The estate attorney informed us that according to PA law, the property is joint and passes to the surviving second spouse. Do th...

    John-Paul’s Answer

    I concur with the prior attorneys. You need to speak with them and see if you can get an agreeable solution.

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  • I live in TN how do I obtain guardianship for my spouse who is not competent at 86 years of age

    My wife has no power of attorney, or living will and is now in the nursing home.

    John-Paul’s Answer

    You will need a local attorney that regularly handles these matters to obtain guardianship.

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  • How do I obtain guardianship for a spouse with dementia

    My fathers wife is in the nursing home, and needs to be able to handle her insurance and to her bills that he has been paying. The insurance companies will not talk to him because her daughter who died two weeks ago was the beneficiary.

    John-Paul’s Answer

    It depends. Every case is different, but you can obtain guardianship by petitioning the local courts. You will need a qualified attorney that handles these matters to resolve this matter for you.

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  • What are the steps to file objection to an accounting?Are there forms to be filed or is a written objection submitted at hearing

    Annual accounting is due and I have some questions about the accounting and wish to file an objection to the accounting. What are the steps I need to take?

    John-Paul’s Answer

    You clearly need a probate attorney that regularly handles these types of matters in your local area. I'd start with a search online, then use the phone book if needed.

    You need a qualified attorney to resolve this matter.

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  • As durable power of attorney for an elderly friend, can I draw up papers naming someone to take over responsibility if needed?

    I am durable power of attorney for health/financial, for a good friend who lives in an assisted living facility. She has mild-to-moderate dementia. The POA we currently have was drawn up and notarized prior to her cognitive decline. Although I am ...

    John-Paul’s Answer

    You have to have an attorney review the document. It's likely that you can't modify this agreement.

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