Joseph L Morton III’s Answers

Joseph L Morton III

Meridian Estate Planning Attorney.

Contributor Level 7
  1. My name is spelled incorrectly on my mothers will. Must we get it redone?

    Answered about 2 years ago.

    1. Joseph L Morton III
    2. Joseph Franklin Pippen Jr.
    3. Paul A. Smolinski
    3 lawyer answers

    This is generally not a problem if you can tell from the context of the document that you are the person being referred to. For example, if a woman gets married and changes her name, but the will refers to her maiden name, she will still be included. If there is any question, it is far easier to get it fixed now, rather than wait until the testator passes and have to sort it out. Contact an attorney and have a codicil (amendment) drawn up to clarify the situation. I am not licensed to...

    10 lawyers agreed with this answer

  2. How do we sue somebody if we don't have a lawyer and cannot afford a lawyer?

    Answered about 2 years ago.

    1. Harry Edward Hudson Jr
    2. Joseph L Morton III
    3. Alan D. Walton
    4. Kevin Samuel Sullivan
    5. Jennifer Jo Jandreau
    5 lawyer answers

    Fraud is one of those things that can be tried in either a criminal or civil court. If it is criminal, you will need to report the fraud to law enforcement. They will investigate and if there is sufficient evidence, the case will be prosecuted by the government. You will not have to pay for this. Depending on age or mental ability, there may be specific government agencies set up to investigate these type of things. I would contact local law enforcement first. If it is civil, you...

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  3. Can a trustee withhold money to cover legal fees that may or may not happen?

    Answered about 2 years ago.

    1. Joseph L Morton III
    2. Rosemary Jane Meagher-Leonard
    3. James P. Frederick
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Depending on the terms of the trust, a trustee will usually be able to determine the distribution timetable in a trust. If there are potential claims against the trust or the trustee, the trustee will have to clear those matters up before releasing money to beneficiaries. How long that takes and how much money can be withheld is usually fact specific. If you are not getting answers from the trustee and you feel it has been "dragging" on too long, you should consult an attorney with...

    6 lawyers agreed with this answer

  4. My dad passed away two years ago mom recently, if dads name as beneficery was never removed from any paper work does that change

    Answered about 2 years ago.

    1. Martin Harvey Cohen
    2. Francine Rae Martin
    3. Joseph L Morton III
    4. Joseph Franklin Pippen Jr.
    5. James P. Frederick
    5 lawyer answers

    Your question is unclear. I would look to the documents to see what happens if the first beneficiary has passed. Each type of document should have some alternate plan. I would suggest you seek counsel from a qualified estate/trust/probate attorney to help you sort things out and determine your rights. Good Luck. I am not licensed to practice in Florida. This response should not be consider legal advice.

    5 lawyers agreed with this answer

  5. I cant find the orginal will My sister has a copy with me as the ex of the will she want release the copy to me now what

    Answered about 2 years ago.

    1. Joseph L Morton III
    2. James P. Frederick
    2 lawyer answers

    Hire an attorney to represent you in a probate action without a will. Your attorney should be able to get a court order to turn over the document. With the copy, you may be able to establish a "lost" will and have it enforced. The Alabama Supreme Court outlined the basic requirements for a lost will in Tyson v. Tyson, 521 So.2d 956 (Ala. 1988), as follows: (1) The existence of a will--an instrument in writing, signed by the testator or some person in his presence, and by his direction,...

    5 lawyers agreed with this answer

  6. I would like to know where I can find forms to contest power of attorney in the State of Washington?

    Answered about 2 years ago.

    1. Dave Hawkins
    2. Joseph L Morton III
    3. Glenn E. Tanner
    4. Steven J. Fromm
    4 lawyer answers

    Contesting a power of attorney is not something that should be attempted by yourself. These cases usually involve circumstances of abuse, neglect, theft or missuse of funds. They are almost always fact specific and having a knowledgable attorney can make all the difference in the outcome. If you are bringing this up because you feel someone is being taken advantage of, you owe it to them the seek out good advice. Good Luck. If you felt this answer was helpful, please check the answer...

    3 lawyers agreed with this answer

  7. I have a question about the wording in my Grandfathers Last Will and Testament. If it states on pg one ...

    Answered over 2 years ago.

    1. Joseph L Morton III
    2. Kenneth Allyn Sprang
    3. Brian Coleman Kelly
    3 lawyer answers

    You are asking to have a term clarified, but we would need to see more of the context to know its meaning for sure. Absent other meaning in the document, the term "children who survive me" would not include other descendants, however look for other terms like "per stirpes" or "by representation". They may give different meaning to the phrase you have included.

    3 lawyers agreed with this answer

  8. I have durable power of attorney with my mother. Can I get a copy of her will and living trust? Does she have to be with me?

    Answered about 2 years ago.

    1. Joseph L Morton III
    2. Joseph Franklin Pippen Jr.
    2 lawyer answers

    You will need to look at the power of attorney and determine if it gives you powers immediately or if you have to wait until your mother becomes incapacitated. If it is immediate, look to see what powers are granted to you. It will specify what you can do. You will want to look for powers relating to her estate planning or finances. If the power is granted, you can ask the custodian of the documents for copies. Your mother should not be required to be with you. Good Luck. If you felt...

    4 lawyers agreed with this answer

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  9. Grandma did not have a will and died in 2005.

    Answered about 2 years ago.

    1. Marian Audrey Lindquist
    2. Robert Jason De Groot
    3. Joseph L Morton III
    4. Will Murphy
    5. Lawrence Jay Davis
    5 lawyer answers

    You will really need an attorney on this one. You will have two cases that need to be resolved. The outcome of the first will depend on the makeup of Grandma's family. If your father would have recieved something, it would then be distributed according to his estate plan. Get an experienced attorney to help sort this out. I am not licensed to practice law in Florida and this answer should not be taken as legal advice.

    3 lawyers agreed with this answer

  10. Can a trustee hold money from beneficiarys over a three year time period in case a beneficiary wants to go back and sue her for

    Answered about 2 years ago.

    1. Joseph L Morton III
    2. Joseph Franklin Pippen Jr.
    3. James P. Frederick
    3 lawyer answers

    This will be a question of being reasonable. Usually a trustee will want to follow the terms of the trust in a timely manner, or they may be subject to a claim for not carrying out their duties. Holding the money for three years might be the thing that gets them sued and not protecting them from suit. A release from the beneficiary is usually obtained by the trustee when winding up the trust. Such an instrument should allow the closure of this case. Contact an attorney to review the...

    3 lawyers agreed with this answer