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Daniel Francis Zigray

Daniel Zigray’s Answers

12 total


  • Do I need a attorney

    My sister is the executor of my moms trust in the state of Virginia and refuses to give myself and my brothers the details of her estate to include bank accounts and disbursements drawn from the accounts. Is this legal?

    Daniel’s Answer

    You should first contact the court in the jurisdiction where you believe your mother's estate may be probated to see if they have the case on file. After finding this out I would contact an attorney in that Virginia jurisdiction to obtain copies of all estate filings and ask them to look though the filings for any questions or problems. There should be an inventory of all estate assets; however, if an asset passed to another person by virtue of a beneficiary designation of some sort then that asset would not typically appear on the estate inventory.

    If your mother had a "trust" as opposed to a will and your sister is handling the trust as successor trustee, then I would contact an attorney in that Virginia jurisdiction who practices in the trust law area to look into this matter. There may be a right of a beneficiary to demand an annual report or accounting from the trustee. Good luck.

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  • Mom has dementia since 2006 brothers wife has p o a mom was in nursing home in 2008 is it legal to be getting credit cards

    is it legal for the power of attorney to be getting credit cards, houses ,book clubs,in my moms name? they dont visit, they dont allow her to get phone calls, they had her moved to a lockup area of the nursing home noone can take her out without t...

    Daniel’s Answer

    A power of attorney is a very powerful document, I refer to it as "the ultimate blank check". This sounds like a situation where there could be some financial abuse happening because of the blank check. Many of the actions you are describing send up "red flags" to me; ie, dissipation of assets, isolation from family members, negligence regarding medical care. There is a way to put a stop to this behavior and that is by asking the court to appoint you, or some other person, as your mother's guardian. This is a process that is filed in the probate court in the county of your mother's residence. You should seek advice from an attorney who is familiar with guardianship matters. I have seen situations such as this where the person with the power of attorney has also transferred bank accounts or other assets into their own name so I would move quickly on a matter such as this.

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  • How should I approach this?

    I was the legal guardian of my cousin 10 years ago, when my uncle passed away. Now she says she is going to sue me over money (around $3000.00) that I recieved from trust to care for her. She is claiming she never recieved it. She lived with me fr...

    Daniel’s Answer

    Since you say you were the "legal guardian", I assume that you were appointed by a probate court. During the guardianship you would have had to file accountings to show all of the expenditures. You can show her these accountings so that she will be able to see what the money was spent on. In addition, those accountings would have been approved by the probate court. If I am assuming incorrectly that you were appointed, and that you were acting as a "trustee" of a trust account, she will be entitled to the reporting of income and expenditures. I would prepare the documentation for her to see where she will go from there. If she is not satisfied with the amount fo documentation and/or the expenditures she would have the right to challenge these things. The only issue would be whether of not she has waited too long to do so. She technically became an adult at the age of 18, so an argument could be made that she has waited too long. You will need to seek an attorney to deal with this issue is she files a lawsuit.

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  • When one of four beneficiaries dies, should my will be changed?

    If my will designates that 4 children will split my possessions equally at my death, then one of my children dies before I do, do I need to re-write my will, or will the remaining 3 split everything?

    Daniel’s Answer

    I assume that you want the surviving children to inherit. The best thing to do is change your will. If not, you could run into the scenario where the deceased person's children would have a claim to their parent's share. If that happens it would defeat your desire to just have your 3 surviving children inherit. I am licensed in Ohio and have seen this situation cause problems. I would suggest writing a new will to make sure your estate goes the way you want.

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  • As adults, what are our legal rights in having access to our dad who is possibly dying?

    Dad married his 4th wife approximately 2 and a half years ago. Since leaving the hospital his wife has prevented us from having any private access to him in person or by phone. She has made statements about liquidating all of the assets he had pr...

    Daniel’s Answer

    This is a common and difficult scenario. Here is how I have handled this matter in the past. First, you may want to contact your father's attorney to see if he can "mediate" some type of resolution for you to visit. If he is in a hospital or nursing home, you may want to speak to a social worker at that facility to try to gain access to your father. If you believe that he is being manipulated or is in harm, you can try adult protective services or senior protctive services. I am assuming that you have gone to his house to try to visit him - if you are prevented access, an extreme measure would be to call the local police to see if they can assist you. There really is not a lawsuit that can be filed unless he is in danger - and if that is the case, you can proceed to attempt a guardianship.

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  • Can an atorney collect interest on a trust fund until the estate is setled in the state of Ohio?

    Can an atorney collect interest on a trust fund until the estate is setled in the state of Ohio? The estate is taking longer than it shoul and I had an attorney friend tell me to look into this. Unfortunatey he is license in North Carolina so he...

    Daniel’s Answer

    The estate attorney should not have trust assets in his possession, unless he is the trustee. He sould NOT be keeping the interest earned by the trust, it should be deposited back into the trust. If you are talking about the estate bank account, the same rule would apply, that is the estate attorney can NOT collect interest earned by the estate bank account. I'm not totally clear on what the situation is here. I would suggest that you contact an attorney in your area that is familiar with probate/trust practice to run this scenario by them.

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  • Is a last will and testament legal if in maiden name

    my mother in law did her will in her maiden name is it legal?

    Daniel’s Answer

    I am an Ohio lawyer, but my answer would be - Probably, that is if that was her correct name at the time. If she had a different name, one could claim she lacked capacity to sign a will. If the situation is just that she signed the will before she got married, and then she was married and changed her name, then in most cases, that will is still "valid". Even so, her spouse may be able to "take against the will" if he is not already named as a beneficiary and if there is a statute allowing for that procedure.

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  • Does the attorney representing our deceased mothers estate can only talk to the executrix

    the executrix will not tell the other kids what is going on with the estate

    Daniel’s Answer

    The attorney representing the estate can speak to the beneficiaries; however, if there are legal decisions to make which need analysis, you should obtain a separate attorney. Typically, the estate attorney will answer questions of a general nature from a beneficiary, they are not likely to address specific legal matters about the estate, or about your rights to either challenge the Will, file exceptions to the inventory, or challenge the estate account. For those issues, you should seek separate counsel.

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  • How can I have an Executor removed?

    On 11/21/07 my mother passed away. While she was at Emory Hosp.we encouraged her to write her will. She choose her neighbor (an attorney). He wrote the will and contained within he was designated as Executor along with his hourly fee. Since t...

    Daniel’s Answer

    In most jurisdictions there is a process for getting an executor removed. In my jurisdiction, Ohio, to get an executor removed you would need to show that they are neglecting legal matters in the estate, or they are incompetent (mentally), or for reasons of fraud. There is also a "catch-all" provision allowing for removal "because the interest of the estate demands it." This is typically a discretionary decision for the court and is not often granted, in my experience. You should obtain a legal opinion from a separate attorney on this issue.

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  • Executor of a will

    I live in Ohio. Can I have 2 executors for my will? Who can be an executor for my will that is a professional and not a member of my family? What is a normal charge for a professional that would do something like this? Is it recommended that...

    Daniel’s Answer

    There are certain situations where co-executors can be appointed; however, if any problems arise, the court will typically remove one, or both. If both are removed, the court appoints a neutral administrator wwa.

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