David L. Carrier’s Answers

David L. Carrier

Grand Rapids Elder Law Attorney.

Contributor Level 18
  1. If the statement (shown below) in a will is incorrect, does this make this will invalid? Because the first line is wrong!

    Answered 3 months ago.

    1. Walter Wilbur Beuhler
    2. Kendall Shane Cockrell
    3. David L. Carrier
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Unless mom was delusional or mentally incapacitated and actually believed she was somebody else who lived in Hood County, I'm going to guess that the lawyer's word processor screwed up and inserted someone else's language in the document. To err is human, to really screw things up, you need a computer. And I betcha that's what happened here.

    8 lawyers agreed with this answer

  2. A woman ran a stop sign at approximately 50mph and hit the rear of my wife's truck, causing it to roll. What are options?

    Answered 4 months ago.

    1. Anthony Francis Belotta
    2. Michael T Warshaw
    3. John Michael Phillips
    4. Charles P. Ward
    5. David Herman Hirsch
    6. ···
    12 lawyer answers

    Contact an attorney to go over the particulars and seek hiring the attorney should you need one. Check avvo for a listing. Good luck.

    8 lawyers agreed with this answer

  3. Is it true that bad things happen when a trustee does not obey the trust deed?

    Answered about 1 year ago.

    1. Joseph Franklin Pippen Jr.
    2. David Michael Goldman
    3. David L. Carrier
    4. Marian Audrey Lindquist
    4 lawyer answers

    Q: Is it true that bad things happen when a trustee does not obey the trust deed? A: Yes. Terrible things.

    8 lawyers agreed with this answer

  4. If a will is made with 3 beneficiaries namely A,B,C. If A should die, who would get A's assets, B and C. or would A's assets

    Answered about 2 years ago.

    1. John B. Whalen Jr.
    2. Tyler Benjamin Christ
    3. Robert Cronin
    4. David L. Carrier
    5. James P. Frederick
    6. ···
    6 lawyer answers

    If A dies before the person who made the will (the testator), you have to look to the will to determine who takes. If A survived the testator (by at least 120 hours in many states), then it depends on A's own estate plan. P.S. Per stirpes means "by the root" http://answers.ask.com/Reference/Dictionaries/what_does_per_stirpes_mean

    8 lawyers agreed with this answer

  5. My brother just died in Ohio and he has no estate. Is there anything in the nature of a probate to be filed in behalf of him?

    Answered about 2 years ago.

    1. David L. Carrier
    2. C L Huddleston III
    2 lawyer answers

    Freedom is just another word for nothing left to lose. And when you've got nothing you've got no need for probate.

    8 lawyers agreed with this answer

  6. How long may a PR take to close an estate?

    Answered over 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. David L. Carrier
    3. James Thomas Kinder
    4. Jason Ira Warshofsky
    4 lawyer answers

    Generally, an estate remains open as long as necessary and convenient to properly administer the assets in the estate. Courts are pretty lenient and understanding when authorizing extensions to letters of authority, but the personal representative does have to give some reason. Personal reasons, such as health, may be allowed. If the administration of the estate has been unduly prolonged without justification, the court is likely to be upset more with the personal representative than the...

    8 lawyers agreed with this answer

  7. Can I get compensation for time spent as executor of an Estate?

    Answered about 1 month ago.

    1. James P. Frederick
    2. David L. Carrier
    3. Peter L. Conway
    4. Harold Kent Prukop Jr
    4 lawyer answers

    Well, you can get paid for the services you provide as executor (personal representative) and the expenses you've incurred. Careful records are key!

    6 lawyers agreed with this answer

  8. What is the average estate executive fee

    Answered 6 months ago.

    1. David L. Carrier
    2. James P. Frederick
    3. Peter L. Conway
    4. William Ray Pelger
    4 lawyer answers

    Figure $20-30 per hour or 1-2% of the gross estate... I encourage family members who act as trustee/executor/etc to document their time and to receive compensation. Don't forget! Your compensation is TAXABLE!

    6 lawyers agreed with this answer

  9. A woman has taken in an incompetent elderly victim, that I have P.O.A. 4.Adult P.S. do nothing. She is taking ALL of her income!

    Answered 9 months ago.

    1. David L. Carrier
    2. Thomas A. Doyle
    3. Alfred Fargione
    3 lawyer answers

    Agree... use the POA to redirect the income!

    6 lawyers agreed with this answer

  10. My dad wants me to help him write a last will and testament.

    Answered about 2 years ago.

    1. Benjamin M Pinczewski
    2. Joseph Franklin Pippen Jr.
    3. Barry Franklin Poulson
    4. David L. Carrier
    5. Michael Curtis Greenberg
    6. ···
    6 lawyer answers

    Here's the problem, a will is simply instructions to probate court, that means that any will, however well-crafted, in order to "work" must be probated. Probate is not the godawful misery that most people think it is, it's not really all that bad and probate court IS the frendliest court in town. HOWEVER... in my humble opinon, no-one with any assets should do a will/probate-based estate plan (with one exception) because under a 2007 law that began to be enforced last year, if you received...

    6 lawyers agreed with this answer

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