James P. Frederick’s Answers

James P. Frederick

Livonia Probate Attorney.

Contributor Level 20
  1. How can I get a deed corrected that was filed wrong?

    Answered almost 2 years ago.

    1. James P. Frederick
    2. Joseph Franklin Pippen Jr.
    3. Dagmar Pollex
    4. Kevin Matthew Koel
    4 lawyer answers

    You may be able to record an "affidavit of correction," indicating this was a scrivener's error. I would have the attorney do this for you, since it was the attorney's error. I have used this procedure in the past. You will want to have the attorney contact the register of deeds to confirm this will resolve the problem. This should not be a difficult process. James Frederick

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  2. What happens to LAST WILLS after the Attorney dies?

    Answered about 2 years ago.

    1. James P. Frederick
    2. Kevin Terry Steinacker
    3. Judy A. Goldstein
    4. Donna Eugenia Vasilkovs
    4 lawyer answers

    I agree with Ms. Goldstein. There is nothing wrong with you going to the law office and requesting the Will. Where you may run into a problem is if the lawyer was a solo practitioner and the office has simply "evaporated." In that case, you should consult with an attorney on your own to determine whether you can probate a copy of the Will, if you have one. James Frederick

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  3. WE have a estate with real property valued at approximately 1.5 Million. We have will however do we need a living trust?

    Answered almost 2 years ago.

    1. Francis S Leontitsis
    2. Charles Adam Shultz
    3. Paul Rudolph Miller
    4. Denise Leydon Harvey
    5. Joseph Michael Pankowski Jr
    6. ···
    10 lawyer answers

    You have received some great advice. Much of it is contradictory. The problem with a site like this is that we get only a small snippet of facts and very little in the way of your objectives. In most cases, it is necessary for an estate planning attorney to sit down with a client and discuss the entire situation before being able to answer questions like the ones you posed. This sometimes takes an hour or more of time. Many lawyers do not charge for this initial consultation. The answers to...

    12 lawyers agreed with this answer

  4. How much tax will I have to pay on 145,000 gift from my dad

    Answered almost 2 years ago.

    1. Charles Adam Shultz
    2. James P. Frederick
    3. Luca Cristiano Maria Melchionna
    4. M Kay Lewis
    4 lawyer answers

    I agree with my colleagues that you would normally not need to pay any tax on this gift. Of course, there are situations when that is not the case. You would not pay gift tax because gift tax, if there is one, is paid by the donor. But you would generally receive a "carry-over basis" in the gifted assets, (which is what your dad paid for them). If you later sell the assets at a gain, you would pay income tax on this. You might also have estate taxes, if your estate is very large. So the...

    12 lawyers agreed with this answer

  5. Can a Trustee be Under Agreement (U/A) with a trust ?

    Answered almost 2 years ago.

    1. Charles Adam Shultz
    2. James P. Frederick
    3. Dagmar Pollex
    3 lawyer answers

    I agree that your question is not entirely clear. U/A is a common abbreviation used when referring to a trust agreement. If Jack Doe is acting as Trustee of the John Doe Living Trust, then the above caption would appear to be fine. James Frederick

    11 lawyers agreed with this answer

    2 people marked this answer as helpful

  6. Can there be two trusts on one property?

    Answered almost 2 years ago.

    1. Charles Adam Shultz
    2. Michael Leo Potter
    3. James P. Frederick
    4. Amanda Marie Cook
    5. Daniel Mcgraw Little
    5 lawyer answers

    I agree with Mr. Shultz. The date of the trusts will distinguish them, unless they were signed the same day. If they WERE signed on the same day and it is important to differentiate, then the attorney(s) who prepared the trust should review this. James Frederick

    12 lawyers agreed with this answer

  7. If I wanted to leave everything in my will to my 17 year old daughter could I do it legally?

    Answered almost 2 years ago.

    1. James P. Frederick
    2. Robert Michael Goldberg
    3. Dagmar Pollex
    4. Michael Leo Potter
    4 lawyer answers

    You can LEAVE it to her. If you die before she turns 18, she cannot legally receive it. A better approach MIGHT be to establish a trust. That way, you avoid probate completely, and you can dictate when and how your daughter would receive her inheritance. It might not be a good idea to simply hand a big check to an 18 year old. James Frederick

    12 lawyers agreed with this answer

  8. My grandma passed away and left me money in the will. The poa is my uncle and I was wondering how long he has to give it to me

    Answered about 2 years ago.

    1. James P. Frederick
    2. Joseph Michael Pankowski Jr
    3. Craig Martin Scalise
    3 lawyer answers

    I assume you meant to say that your uncle is the executor or personal representative of the estate. An agent under a POA has no legal authority, upon the principal's death. There is a procedure for going through probate, and how long it takes is part of that procedure. The answer to your question depends on facts that are not included in your summary. For that reason, you should consult with a probate attorney where the estate is being administered. James Frederick

    12 lawyers agreed with this answer

  9. My brother became terminally ill in July. He passed in Oct. Three days before he died, my sister created a will leaving every

    Answered about 2 years ago.

    1. Christine James
    2. James P. Frederick
    3. David John Tappeiner
    4. Steven M Zelinger
    5. Laura Rose Nelson
    6. ···
    6 lawyer answers

    You will need to contest the Will, if it is offered for probate. This should be done with the help of a skilled probate attorney. If the facts are as you stated, you have a very decent chance of prevailing, in spite of the fact that Will contests are usually an uphill and expensive battle. James Frederick

    12 lawyers agreed with this answer

  10. Who pays the probate attorney? Shouldn't the Personal Representative pay this person?

    Answered about 2 years ago.

    1. Marian Audrey Lindquist
    2. Stephanie Sauer Woods
    3. Jimmy Allen Davis
    4. James P. Frederick
    5. Brantley Daw Oakey
    6. ···
    7 lawyer answers

    The attorney is paid by the estate. It comes off the top of the estate, before distributions to the beneficiaries. The attorney fee is an administrative expense of the estate even though the attorney represents the PR. I know that is not what you want to hear, but it is the law. James Frederick

    12 lawyers agreed with this answer