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Peter Charles Scholle
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Peter Scholle’s Answers

4 total

  • Gaining access to safety deposit box?

    Grandmother passed away in 2004. We just found out she had a safety deposit box but have no idea what is inside. Without going through probate how do we gain access to the box? There is nothing else left of her estate but this box.

    Peter’s Answer

    In some states, you can gain access to a safe deposit box by filing a petition to the court. You don't necessarily have to probate the case. Call the probate court in your county and ask if this is possible. Good luck.

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  • Where is probate filed when someone has changed states only 3 months prior - with no will?

    My ex-husband (born and lived in California) moved from California to Virginia 10 years ago. In June of 2008, he moved back to California (put in change of address requests - closed Virginia bank accounts, etc.) to die in California, which he did...

    Peter’s Answer

    In Georgia, where I practice, the test is where the decedent was domiciled at the date of death. Domicile refers to the place where one lives with the intent to stay and not return to another state. It sounds like your ex-husband's domicile was California, but you should check with an attorney in your state. If it is a question of intent, then it will probably be fact-based.

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  • Does my attorney prepare a petition to dimiss probate? Or do I prepare it?

    I need more information how to prepare a petition to dismiss a probate case. Do I prepare it or does my attorney?

    Peter’s Answer

    It depends on your agreement with your attorney. I typically prepare all documents that are to be filed with the court so that all my client has to do is sign them. Don't wonder. Check with your attorney so there are no miscommunications. Good luck.

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  • What can I do?

    A pharmacy gave me the wrong medication for my child. The medication should have been for asthma and I was give sleeping pills. My child had taken one pill before I notice the prescrition was for another person.

    Peter’s Answer

    Thank you for your question. While this may have been an error that approaches malpractice, in order for you to have an actionable case, you child must have suffered some damage that was caused by the malpractice. Fortuantaely, it dosen't appear from your question that your child was injured. This is great news. You could contact the pharmacy and let them know of the error or contact the state board overseeing pharmacies and file a complaint. Good luck.

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