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Gerald Walter Pierre's Answers
- 5 Legal Answers
- 0 Legal Guides
2
Attorney answers:
When does a will have to be probated?
If there are assets that need to be transferred within probate to the surviving spouse, then the will has to be submitted to probate. If all of the assets are jointly held, then there may be no need for probate. It may be best for you and your husband consult with an attorney regarding your estate plan to make sure everything is transferred as you both wish.
1
Attorney answers:
How to get trust assets unfrozen that were frozen by our attorney in the court?
To answer your question properly more information is needed. However, the guardianship assets in the restricted depository may be frozen pending the commencement of the probate proceedings. Once the probate has commenced, then guardianship restricted account can be retitled in the name of the probate matter. It is important to note that the funds cannot be disbursed until there is the appropriate Court order. There are many steps, including the admittance of the will to probate, the...
3
Attorney answers:
Can you cross out and change names on a trust or do you need to type up a new one
The terms of the trust should indicate under what conditions and how any modification of the trust is to be made. Your ability to change the trust may also depend on who you are - the settlor who may have created the trust or the trustee who is responsible for administering the trust. In some cases, you may have to get a Court order before any modification can be made. Your best bet is to consult with your attorney and have the trust reviewed.
1
Attorney answers:
Urgent! Elderly Grandfather in State Custody, need legal advice
Under these circumstances, you need to speak with both the Court appointed attorney who represents your grandfather and the (limited or plenary) guardian who has been appointed to manage your grandfather's affairs. As for your grandfather's assets, they can only be sold by Court order. Depending on the county, the proceeds will be deposited into a restricted account. These funds cannot be disbursed without a Court order as well.
1
Attorney answers:
Power of attorney was notarized, but notary not present when papers were signed, help!
While I am not authorized to practice law in your state, I would recommend that you contact the Governor's Office of Elderly Affairs (http://goea.louisiana.gov/) to discuss the matter. Further, you can contact either your state or local bar association for assitance in locating an attorney who can assist you.