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Charles Alan Amen

Charles Amen’s Answers

19 total


  • Will I be able to sue

    Father is deceased n get asboso money suppose to have outside kids from his marriage. I told the law firm n sent paper showing proof (birth certificate) with his medical papers

    Charles’s Answer

    Your question is not clear. If you are a child you would be able to inherit a share of your father's estate if he died without a will (intestate). If he died with a will that neglected to mention you as a child, you might be able to inherit a share, claiming to be his child that he forgot about. If he died with a will that mentions you and says you get nothing, you most likely are out of luck. If probate was never opened, and its past the time to open probate, you could possibly inherit by filing for a determination of heirship. You should consult with an attorney to find out the status of your father's estate.

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  • The lawyer/executer for my Mother's will had me sign a paper

    The paper states that she is released of her duties as executer, and that I acknowledge I have received $50k. The laser had me sign it in front of a witness, and give my SS number for tax purposed, so that they could send me the check. That was fo...

    Charles’s Answer

    You did nothing wrong signing the release and receipt before you got the check. Often that is necessary. To close the probate case, the attorney needed you to sign consent and release. He would not be able to give you the money until the court approved the settlement. There might have been some delay in the settlement. I would call the lawyer and ask why you haven't gotten the check. If you do not get a reasonable answer from him, you or a lawyer for you could call the court clerk. But I certainly would call the lawyer.

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  • Do I need an attorney?The mother of my 2 year old grandson wants to terminate her legal rights to him, over to me and my husband

    This grandson has been living with me and my husband for two years. We provide food, clothing, and any other care he needs, except medial care. His mother visits him maybe once every other month, keeps him over night., does not help with care. M...

    Charles’s Answer

    If your daughter-in-law and father want to terminate their parental rights, you should get a lawyer to help you file for a guardianship over your grandson. During that proceeding, the parents will consent to the guardianship, and then you will be legal guardian of your grandson until he is 18 years old.
    Talk to a lawyer.

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  • My husbands Mother just passed. We were told O is left although she has a condo 1 brother lives in. Shouldn't we see a will?

    There are 3 brothers, one has lived with her for the last 6 years. Although she died in a nursing home. My husband was power of attorney but that all seems to have changed? We have heard nothing in regards to her personal affects. A couple of year...

    Charles’s Answer

    The will, that should be filed with the probate court may clear up your problem. But, it is possible that during the last few years the deed to the condo was titled over to brother who was living with her. That would have been done by your mother, or the power of attorney, if she changed the power of attorney from your husband.
    You could check with the county recorder of deeds to see how the condo was titled when she died. If she did change the deed while she was still alive, it will not go through probate nor will it be governed by the will. An attorney could help you find how the condo is titled and discuss with you whether you have any legal remedies to attack the deed, if one in fact was made.

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  • I found saving bonds in my wife's name only. She has passed away. She had no will. I am her spouse. How can I cash these bonds?

    Will a certificate of death do it?

    Charles’s Answer

    You will have to get ownership of these bonds through the probate process. Each state has their own rules regarding how much can be probated by small estate administration or by spousal claims or if you paid for the funeral, by a creditor claim. If she has children, you don't necessarily inherit all the bonds. You need to contact an attorney to help you do this,

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  • My mom got a Will from the Estate of the late Marjorie L Barber the will reads that my Mom is to get 45 percent of the total

    Marjorie L Barber is my Second Cousin she lived in a small town of Burlington Indiana. The law firm she hired to do her will, was Bishop, Bishop and Bishop of flora Indiana My Cousin has been dead now since July 21 2014, all the other members of t...

    Charles’s Answer

    from what you say, the law firm is serving as the attorney for the executor of the will. You need to hire an attorney to enter an appearance for you in the Indiana County where this case is opened, and make sure that you get what you are entitled. In probate, the court will make sure that the executor does everything right, but you need some representation to point out to the court that the executor and his attorney are up to something.

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  • What can I do?

    My mom and dad own a house. My dad passed away years ago, my mom just recently said I could have the house as long as I pay the mortgage and home insurance. I have nothing in writing but verbal agreement and witnesses. Now she says I'm just rentin...

    Charles’s Answer

    A transfer of real property must be in writing, by a deed. A verbal commitment to give you the house if you pay the mortgage and home insurance is a contract, but such a contract for real estate must be in writing to be enforceable. Do not confuse what seems fair with what is legal. If your mother owns the house there is no need for consent of your step siblings for her to do what she wants to do.

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  • My sister in law changed my step fathers will for him and took me out of the will is it legal for her to do that?

    Original will was for the will to be devided equally between the 4 grown children it was changed by sister in left

    Charles’s Answer

    I agree with the other attorney answer, we need more facts. Your sister in law cannot change somebody's will for him.. Your step father needs to change the will himself. If she just took step father to an attorney so he could change the will, it would be an issue of whether step father was competent to change the will, and whether there was undue influence to get him to change the will. If she somehow just changed the will on her own without step father doing it, that would be fraud. If you want to contest the validity of a will you should hire a lawyer to help you.

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  • I'm a beneficiary of an estate. Can I get will documents?

    Sister is executor of will. Attorney for estate won't talk to me.

    Charles’s Answer

    The will needs to be filed with the court to start the probate process and you can get a copy of the will from the probate court once it is filed. Usually the executor would just give you a copy, as a courtesy, but lacking that, you get it from the court. If the will has not been filed and probate not opened, you can force the executor to open probate. For that, you should get an attorney.

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  • If I am executor to a will, and the estate is exhausted through excess legal fees, who is responsible for remaining legal fees?

    I am an executor to a will and there are is a ton of debt. The deceased was on medicaid, lived in a HUD apartment, and had $2000 in his bank account. He has tens of thousands in outstanding debt including credit cards, medical, mortgage. Onc...

    Charles’s Answer

    Unless you told somebody that you were personally responsible to pay the deceased person's debts or legal fees, you are not responsible. Tell the creditors that he is dead, no probate is being opened because there are no assets to probate, and to go away and stop bothering you. Just because you were named the executor in the will, it is not your problem unless you opened probate and the court appointed you as the executor, upon your petition. This is your mantra: He's dead, he has no money, probate is not going to be opened, go away".

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