Adam R. Gaslowitz's Answers

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?

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...

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

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...

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

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...

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

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.

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

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...

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How Does One Obtain Letters of Guardianship of Minors Estate? I was told that it was possible and simple. But, How?

You may be able to handle the process yourself. It depends on which state you are in. I would start by going down to the probate court and explaining why you need a guardianship of the property of your minor children (sometimes called a conservatorship.) You'll have to file a petition in the probate court and there may be other hoops to jump through. You may also have to have a bond posted to make sure the assets of your children are protected.

We did a Living Trust in 1990's when we lived in California and we now live in Washington State.

Amending a living trust can be fairly simple, but to make sure you comply with Washington's laws, it will probably require a local lawyer to review the document, make sure it is valid in Washington (it probably is if it was valid in California) and write up the details of the amendment you wish to make to the trust.

My brother's son is currently under the guardianship of his maternal grandmother. Is it possible to ask CPS to transfer to me.

It is certainly possible. You would have to go to the same court that appointed the grandmother as guardian and seek to have her removed and you substituted in her place, unless she is willing to voluntarily step aside. Usually, the courts won't involuntarily remove someone who has been appointed unless there is good cause to do so. This would require filing legal proceedings and you'd probably need an attorney to help you try this case in court.

How to I obtain legal guardianship of my 13 year old brother?

Power of attorney is generally easier, but since your brother is a minor, he probably can't legally sign one. There may be an abbreviated process in Oregon to have your parent sign temporary guardianship over to you. Otherwise, you'll need to go down to the probate court in the county in which your brother lives and file a petition to become his guardian. Is nobody is likely to object, the process should be fairly quick. They probably have a form that you'll need to complete but I would start...

How would I go about getting a probate lawyer to handle a case that is from another state?

You do need a lawyer in Virginia to handle the probate issues. Until someone is appointed by the court in virginia as the authorized representative of whatever estates are parties to the law suit in GA, I would be surprised if a settlement could be finalized. Who are the parties to the suit down here. Does the lawyer represent all of them? Has settlement been made on behalf of all of them? Where in Virginia do you live. Maybe I can refer you to someone who can help with the Virginia aspects of...