John Thomas Mroczko’s Answers

No. This has to be spelled out as an advancement under the will or there had to be an understanding that it was a loan. If it were indeed a loan, then oral agreements can be enforced. However, if it was a gift, then it should not be deducted. John T. Mroczko

There is no time limit. However, a will should be offer as soon as reasonably practical.

This is going to be a tricky one. This is certainly not a DIY task. I would highly recommend you contact an attorney to assist in this matter.

You should seek the advice of a qualified tax attorney to provide you with advice. If you do not feel you are getting competent advice, then you should seek other counsel.

Only beneficiaries have to sign a petition for discharge. Therefore, you may be a beneficiary. I would seek legal counsel immediately.

The dollars and cents will be your decision whether it is worth fighting. However, the decision needs to be made immediately in order to put Scwab on notice of your claim. Call me if you would like to discuss. 770-382-9591

It depends if they were deemed married by common law marriage principles prior to 1997. If not, then she will not be entitled to anything from the estate. However, if the business was unincorporated, then she may be able to argue it was a partnership.

I would wait the statutory period of 6 months prior to making any distributions. Otherwise, you open yourself up to personal liability for making distributions to the beneficiaries.

Even though it does not include your mother, she will take a that certain share she would have taken had he had no will at all.

Usually this is a problem. Your father owes your grandfather a duty not to self deal. You should consult with an estate litigation attorney as soon as possible.