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James P. Frederick

James Frederick’s Answers

13,914 total


  • Prove that my friend is not incompetent

    I have friend that spent some time is mental ward, as did I. while in the hospital her mother filed for guardianship This is the last thing she wanted. Prior to this knowledge she was going to go home with me. Meg was treated in a psych...

    James’s Answer

    I would take up Mr. Carrier's suggestion and show up at the hearing. You can request that the judge direct that you be allowed visitation or at least reasonable contact. If your friend is at the hearing, you can let her know that you have been trying to contact her. That may be the best you can do.

    James Frederick

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  • What procedures is need to file to petition reinstate guardianship. I have pc634,pç564 forms ,and letter from her physician

    My guardianship for my legally incapacitated aunt has been suspended on December 4,2015 failed to fill annual report on her condition. My house hold my Mom aunt and my two daughters. I make sure all their needs meet

    James’s Answer

    It sounds like they are looking for form PC 634. (Form 654 is for a minor). It should tell you what you need to file on the Notice of Delinquency. If it does not, you can call the court and ask them. My strong suspicion is that they will reinstate you, once the form is filed. If they refuse to do so, I would suggest contacting a probate lawyer for assistance.

    James Frederick

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  • Am I out of luck time-wise or can this be tolled as she ran both the household and business finances?

    my wife and father-in-law purchased a house in 2001 for 190k without my knowledge.he signed his name as my dpoa without my ever giving him a dpoa.in my trust he was named as my trustee but I was never incapacitated. we are divorcing and I just saw...

    James’s Answer

    I am sure that I do not need to tell you this, but you have an extremely complex situation on your hands. It is possible to toll statutes in some cases, and yours may be a good one for that, but it is just speculation without all of the facts. You are going to need to consult with an excellent litigation attorney. You will need one for the divorce, anyway. You might as well find one, now, to assist you with sorting this out. There appears to be a great deal at stake, here. As I am sure that you know, upwards of 95% of cases like this settle, as opposed to being tried. If that is the case for you, what you can and cannot do in court is less critical than how well your attorney can negotiate on your behalf.

    I am very sorry that you find yourself in this situation and I wish you not only a successful outcome in your case, but a fresh start in your life, as well.

    James Frederick

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  • What Legal Rights Does My Minor Child Have In Michigan ? Does Michigan Laws Protect My Daughter regarding Estate Of GrandMother

    My 16 year old Daughter's Grandmother Died earlier this year and was not married and only had one child which passed away 2 years ago which is My Daughters Dad. My Daughter was Not at all mentioned in her will in which she did 2 months after the ...

    James’s Answer

    I agree with Mr. Hutchinson. There is no reason to lie about this in court. You are entitled to a copy of the Will, and you can obtain a copy on your own by going to the probate court and asking to see the file. There may be little that you can do, if the Will does not mention your daughter. On the other hand, if the deceased grandmother lacked capacity when the Will was drawn up, there may be recourse. Facts are critically important in cases like this. Who is the "family" that is fighting you on this? It does not sound like there is any "family" left. Your summary is confusing on this point because you indicate in one place that there were no surviving children and then in another that there were two adult sons.

    There is no inherent right to an inheritance in Michigan. If the Will was properly drafted and executed by a person who had capacity and was not subject to undue influence, then you are out of luck. My guess is that you are going to need to at least sit down with an attorney and review all of the facts to determine how best to proceed.

    James Frederick

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  • Can a trustee change or modify the trust without notifying the other beneficiaries?

    I am a beneficiary on a trust and the trustee never provided a copy of the trust to me. They agreed to give me a copy, but I'm afraid that they have changed or modified it from the original version. They said it "wouldn't be a certified copy". Wh...

    James’s Answer

    As Mr. Gold indicated, it would be unusual for a Trustee to have the right to alter the terms of the Trust, unless that Trustee is also the Grantor. You can obtain a "certified copy" of the Trust, if the original has been provided to the Probate Court. Otherwise, a copy is just a copy. If you believe that the Trustee is acting inappropriately, your recourse is to go to the Probate Court. Of course, if the Trustee has done nothing wrong, then you are going to lose. The best course of action would be to meet with a probate attorney and review all of the facts of your situation. If this is a follow-up from a question posted the other day, you may have a very limited period of time to do this.

    James Frederick

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  • Does his mother still have power of attorney or did it expire?? Do I have any rights?? And now he's incarcerated??

    My husband named his mother power of attorney in Indiana. He moved to Michigan and we got married last year 2014, the persons commission expired in 2010.

    James’s Answer

    This appears to be a duplicate posting. You do not inherently have any rights to act as your husband's agent, by virtue of your marriage. The POA does not terminate as a result of your marriage, your husband's incarceration or the later termination of the notary commission, after the POA has been signed.

    It is not clear what you are seeking to do, at this point. If you can be more clear about that, then we may be able to give you further guidance.

    James Frederick

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  • Does his mother still have power of attorney or did it expire?? Do I have any rights?? And now he's incarcerated??

    My husband named his mother power of attorney in Indiana. He moved to Michigan and we got married last year the persons commission expired in 2010.

    James’s Answer

    Your summary is not altogether clear, but absent revocation by your husband, the POA would remain in effect. Your marriage does not terminate it, and if you mean that the notary commission expired in 2010, that also has no effect on the POA. Your husband would need to revoke the POA and sign another one, in order to name you as agent.

    As far as rights that YOU may have, it depends on the context. If you are trying to access joint accounts, then you have the right to do so. If you are trying to sign your husband's name, then you do not appear to have any right to do so.

    James Frederick

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  • How to know if there's fraud on a title to a house

    A family member was assigned as a personal representative of an estate and later had his rights revoked due to non compliance with the courts. That same year, he sold a property that was part of the estate and did not distribute the proceeds to t...

    James’s Answer

    It is really impossible to say the legal effect of the documents without being able to review them. What you describe sounds strange, to say the least. My guess is that an attorney could review this and provide you with an explanation, relatively quickly, once you have provided copies of the documents.

    Please note that it is VERY common for a PR to be suspended and then reinstated, once the appropriate paperwork is filed. It happens all of the time, and there is nothing wrong with that.

    You do not say when all of this took place, but if it has been more than 3 years since the deed was signed, you may no longer have a right to complain about it. You should review all of this with a probate attorney, as soon as possible.

    James Frederick

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  • What if we can't get a copy of the trust?

    My mother in law passed away and left a living trust. My husband and his two brothers were named as beneficiaries, with the oldest being the trustee. A copy of the trust was never given to my husband or the youngest brother. Meanwhile, the trustee...

    James’s Answer

    If your mother in law died 10 years ago, I think you are out of luck. The statute of limitations on trusts is roughly 3 years. You have a bit of fudge room, but 7 years is far too long. At the time of death, your husband would have been entitled to at least the portion of the trust that applied to him. If he was left out entirely, the trustee should have notified him of that and he would have had a chance to object to the court. Because so much time has passed, I strongly doubt that any judge would order the trustee to provide a copy, at this point. What would be the point in ordering that, if there is no legal action that your husband could take, at this point?

    Since there appears to be no recourse, I think your best bet is to forget about the trust and move on. If for some reason, we have misinterpreted your summary and your mother in law only just passed away, then I would suggest that your husband meet with a probate litigation attorney as soon as possible, to determine how best to proceed.

    James Frederick

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  • Flat free vs hourly fee - hiring an attorney - for my family - for will and trust

    I want to get a will and trust for my family. I have friends who have hired attorneys - some have charged a flat fee while others have charged per hour. I live in Michigan (48044) - have a house, 2 kids, my wife, a mortgage, bank accounts, retirem...

    James’s Answer

    You have had a range of answers so far and as with most legal matters, the answer "depends on the situation." I generally use flat fees based on the work that will be involved. I cannot assess that without first meeting with the clients to determine their objectives and how best to achieve them. Your assumption as to what kind of planning you need may or may not be correct. For example, while Trusts are an excellent estate planning tool, they are not necessary in all cases. The same thing is true with Wills. It is important to sit down with an attorney and ask any questions you have.

    Most attorneys do not charge for an initial consultation for estate planning. You need to determine if the attorney knows their subject matter and if you feel comfortable working with him or her. Estate planning should not be a "one and done" matter. If questions crop up or changes need to be made, you need to know that you can contact that attorney to find out how your estate plan will be affected.

    I would caution you against seeking an attorney strictly on the basis of who has the lowest fee. While estate planning documents are largely interchangeable, the knowledge and experience of the attorney is not. You are hiring someone to help provide you with peace of mind. While it is possible that you can get that from the lowest cost attorney in the area, it does not necessarily follow that that is the case. There is no harm in meeting with more than one attorney to decide who you feel the most comfortable working with. Most attorneys do not have a problem with your getting a second opinion or two. If they do, then maybe that is a sign that it is not the right attorney for you.

    James Frederick

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