James P. Frederick’s Answers

James P. Frederick

Livonia Probate Attorney.

Contributor Level 20
  1. Had Will done.Was told not to take it to Court House to be recorded. Keep both copies with me. Thank You so much.

    Answered 9 months ago.

    1. James P. Frederick
    2. Patrick D. Cole
    3. David B. Carter Jr.
    4. Paula Brown Sinclair
    5. John J. Keenan
    5 lawyer answers

    A Will is not recorded, but you can file it with the county probate court for safe-keeping. Most counties charge a fee for this, and it can be as much as $100. I have never thought that filing the Will is a great idea. I think the original should be kept by the client, with instructions to the nominated personal representative on where the original can be found. Having to go down to the county just to retrieve the Will from storage is an extra hassle that family members do not really need....

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  2. I NEED TO CLOSE MY FATHER'S P.O.D. ACCOUNT. I AM ONE OF THREE BENEFICIARIES ON THAT ACCOUNT AND ANOTHER BENEFICIARY IS DECEASED.

    Answered about 1 year ago.

    1. James P. Frederick
    2. Donna R Blaustein
    3. Celia R Reed
    4. Vance Tate Davis
    5. Stephen Scott Pearcy
    5 lawyer answers

    Depending on the amount of money involved, you may be able to use a small estate proceeding for your sister's portion. That would avoid the need for probate. You should visit with a probate lawyer to determine if this will work. If your sister was a resident of NC, then you would want to discuss this with an NC attorney. See here for more information: www.nccourts.org/forms/documents/735.pdf‎ James Frederick

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  3. If I died, and came back to life, can I collect life insurance?

    Answered about 1 year ago.

    1. James P. Frederick
    2. Thomas Sciacca
    3. Celia R Reed
    4. Jayson Lutzky
    5. Robert K. Erlanger
    6. ···
    7 lawyer answers

    Practical problems you would have are that the insurance company requires a death certificate and YOU would not be the beneficiary, under any circumstances. It likely has something in the policy that defines "death." Interesting question. But I see no practical way of collecting. James Frederick

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  4. In the state of Michigan, who has more rights to cremated remains? The widow? or the children?

    Answered 8 months ago.

    1. James P. Frederick
    2. David B. Carter Jr.
    3. Robert E. Harris Jr.
    4. Joseph Franklin Pippen Jr.
    5. Darren M. Findling
    5 lawyer answers

    I am very sorry for your situation. Under Michigan law, the wife has the right to possess the cremains. The law can be found, here: http://www.legislature.mi.gov/%28S%28q4rmanmy3appem55f2ac0kqk%29%29/mileg.aspx?page=getObject&objectName=mcl-700-3206 Under the circumstances, I would think that you have a solid argument, at the very least, that you would be entitled to reimbursement for your costs in securing and protecting the cremains. Perhaps the two of you can work out some kind of...

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  5. How can I protect assets my son will inherit from me when I die if he files bankruptcy before I die?

    Answered 11 months ago.

    1. James P. Frederick
    2. Dorothy G Bunce
    3. David B. Carter Jr.
    4. Charles Adam Shultz
    5. Michael Glynn Busby Jr.
    6. ···
    6 lawyer answers

    I agree with my colleagues. A trust seems to be the best option for you, but you need to be careful. The trust should be set up by an attorney to make sure it is done properly. If your son is given too much control, any creditors he has may also be able to reach the trust assets. You also should discuss with your attorney the effect of a bankruptcy, if it occurs. The bankruptcy proceeding may actually wipe out your son's debts. There appear to be other issues involved, however, (as there...

    12 lawyers agreed with this answer

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  6. Probate

    Answered over 2 years ago.

    1. James P. Frederick
    2. Mark S. Bosler
    3. Michael H. Cutler
    3 lawyer answers

    You do not have enough information to determine how to proceed. It is possible that you may not be able to get the information you need, without re-opening the estate. Since that is expensive and may lead you to nothing, I would suggest that you try the following, first: 1) Obtain a copy of the Will, from the Probate Court. When there is a Trust, there is usually a pour-over Will, transferring any probate assets to the Will. 2) Find out whether or not an Inventory was filed. This will...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. My husband and I are planning to create a family trust. This is our first marriage.

    Answered about 1 year ago.

    1. James P. Frederick
    2. Charles Adam Shultz
    3. Theodore Michael Hankin
    4. Chris Gray
    5. Craig Martin Scalise
    6. ···
    6 lawyer answers

    These are all excellent questions for the estate planning attorney that you retain to prepare your documents for you. There are too many variables and unknowns in your fact situation, to give you any specific guidance in this forum. An attorney needs to review all of this information with you, especially in light of your objectives, in order to give you confident direction. You are wise to be taking care of this at this point. James Frederick

    14 lawyers agreed with this answer

  8. Do I need a probate lawyer

    Answered 7 months ago.

    1. James P. Frederick
    2. David B. Carter Jr.
    2 lawyer answers

    You would have the right to get his vehicles, (assuming there is no one else on the title), by presenting a certificate at the Secretary of State. The remaining assets, provided they are worth less than $21k, you can file an affidavit for, provided you will need to wait about a month. If you do not want to wait a month, you can file a petition with the probate court and obtain an order assigning all assets to you. This will be more expensive than waiting the 28 days, because there are some...

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  9. What are the laws in Oregon if someone didn't leave a will?

    Answered over 1 year ago.

    1. James Oberholtzer
    2. James P. Frederick
    3. George Winslow Mead
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Your sister would appear to have no more rights in this than you, but you are not likely to make any headway on this unless you retain a probate attorney to assist you. It is not clear what the assets are, so you may have the attorney assist you in investigating this, first, so you can determine if it make sense to file a probate action. Time appears to be of the essence, here. James Frederick

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  10. What happens if estate debts exceed the assets?

    Answered almost 2 years ago.

    1. James P. Frederick
    2. Robert L. Brenna Jr.
    3. Eric Jerome Gold
    3 lawyer answers

    Administrative expenses of the estate should take precedence over the judgments, but you may need to get probate court authority to sell the property and divide the proceeds. The judgment creditors would likely get a pro rata portion of the proceeds. James Frederick

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