Adam R. Gaslowitz’s Answers

Adam R. Gaslowitz

Atlanta Probate Attorney.

Contributor Level 8
  1. I need some forms that I can't find my parents are terminating guardianship of my son in arkansas where do I get a consent form

    Answered 4 months ago.

    1. Drew Norman Early
    2. Adam R. Gaslowitz
    2 lawyer answers

    If the guardianship is in Arkansas, you will need to go through the court in the county where the guardianship is pending. If your son is in another state, you might be able to go to the probate court where you and your son live now, notify that court of the guardianship in Arkansas and have them try and deal with it in the county where your son lives now.

  2. My dad died May of 2008 and he had my step-mother has to probate HIS will so that I can recieve my part. How can I make her do?

    Answered almost 6 years ago.

    1. Adam R. Gaslowitz
    2. Daniel Kenneth Printz
    3. Margery Ellen Golant
    3 lawyer answers

    Did your dad have a will? If you have a copy but your step-mother won't turn over the original, you can probate the copy as long as you jump through certain hoops. If there is no will, or if you don't know for certain that there is a will, you can go to the probate court yourself and petition to probate your dad's estate yourself as if he died intestate (without a will.) You will either be successful or you will force your stepmother to finally act by either producing the will or by objecting...

    2 people marked this answer as helpful

  3. Question #9--is there a legal limit (percentage) an administrator can charge an estate for time spent, services rendered?

    Answered over 5 years ago.

    1. Adam R. Gaslowitz
    1 lawyer answer

    You need to distinguish between fees for being an executor and compensation for services provided to the estate. You should be able to make claims for payment or reimbursement for any services you provide for the estate and be compensated like any other contractor doing work on property. Unless your cousin objects to compensating you, he should just be able to write you a check from the estate. If he objects, you may have to take your claims to court. Executor fees, on the other hand are...

    1 person marked this answer as helpful

  4. Stepmother filed my Dad's intestate probate in 9/2002 and omitted my name as heir-at-law. Do I have a case?

    Answered over 5 years ago.

    1. Adam R. Gaslowitz
    1 lawyer answer

    If you were never notified of the probate, it may not be binding on you. The rules for what happens when someone dies without a will vary from state to state, but they generally provide that your estate is split among your surviving spouse and children. Check the probate court file and make sure you were never notified. You probably have a claim and may already have an interest in your dad's property. However, you are probably going to need an attorney to open up the probate and remedy the...

    1 person marked this answer as helpful

  5. Can you choose not to accept a minor child if you are listed on a relatives living to have guardianship if something happened?

    Answered over 5 years ago.

    1. Adam R. Gaslowitz
    1 lawyer answer

    You are never required to accept a guardianship just because someone has listed you as their choice to become guardian of their minor child. Guardianship doesn't happen automatically. You have to affirmatively advance the process through the probate court. However, there is nothing that requires you to take on guardianship of someone over whom you do not wish to be guardian.

    1 person marked this answer as helpful

  6. How can I get bank statements for 1 year of mothers trust?

    Answered almost 6 years ago.

    1. Adam R. Gaslowitz
    1 lawyer answer

    I assume that your brother is the remaining trustee of the trust. His duties are going to be governed by the terms of the trust and the laws of the state where the trust situs is. However, I would be surprised if the trust did not specify that you have a right to receive the information you are seeking. That said, my guess is that he will still refuse your requests and you can probably assume that its because there are things he doesn't want you and your siblings to know about. You can get the...

    1 person marked this answer as helpful

  7. Does my estranged husband have claim to my inheritance?

    Answered 4 months ago.

    1. Steven Kelsey Hemingway
    2. Cecil S. Harvell
    3. Adam R. Gaslowitz
    3 lawyer answers

    Inheritance, like gifts, are generally not considered marital property and unless comingled with joint assets, it is unlikely that your husband would be able to gain access to it. Make sure that any inheritance you receive is kept separate from your marital assets in a seperate account, if titled in your name only. You proabbly ought to seek advice from a divorce attorney in your jurisdiction even if you are not ready to go through the divorce process. They will be able to tell you how to best...

  8. I've taken care of my 10 year old brother for 9 years while our mother is jail. She has been in jail most of my life. I'm 26.

    Answered 4 months ago.

    1. Judy A. Goldstein
    2. James Gregory Las Cola
    3. Adam R. Gaslowitz
    3 lawyer answers

    You may be able to do more than just get guardianship, although that is probably the place to start. However you should investigate, through local counsel, whether sufficient facts exist to permanently terminate your mother's parental rights. Given your mother's history, this may not be impossible.

  9. Does this over power what I already have in place?

    Answered 4 months ago.

    1. Mark William Oakley
    2. Evan H Farr
    3. Adam R. Gaslowitz
    3 lawyer answers

    I agree with the previous answer. I would add that what your brother is trying to do is probably unnecessary given the power of attorney you already have. You will need to object or caveat his petition and defend showing the court that while your mom might be incompetent, there is no need for a guardianship since the power of attorney she executed already authorizes her selected agent to act on her behalf. You will probably need local counsel to assist you in fighting your brother in court.

  10. Does a durable power of attorney end when one O Is deceased?

    Answered 4 months ago.

    1. Anthony Greg Mowry
    2. Shelley Ann Elder
    3. Drew Norman Early
    4. Adam R. Gaslowitz
    4 lawyer answers

    A durable power of attorney expires at death for most purposes. The exceptions generally are spelled out in the document and largely involve the power to take possession of the body of the deceased and to deal with any autopsy issues that might arise.