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Joseph L Morton III
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Joseph Morton’s Answers

37 total

  • Forced use of funds in relation to the division of estate of deceased.

    The mother of my friend Pam, had a matured CD that was in Pam's name - only. Shortly after the mother's recent passing, Pam's sister (who Pam fears) had her cash out that CD and use it to pay off the balance of expenses from the assisted living h...

    Joseph’s Answer

    Pam does need to contact an attorney. If the money was actually mom's and Pam's name was on the CD just for convenience, then it may be subject to the mom's debt and heirs. If it was Pam's money or it can be shown that mom actually intended for the CD to be a gift to Pam, then she may have claim on it outright. In either case, the attorney can help make sure the overbearing sibling does not simply get her way because she yells loudest. Good Luck.

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  • If the Trustee is making false and misleading statements can she be removed from duty?

    If I can prove the trustee has made false and misleading statements on those grounds can I respectfully request A judge to remove her as trustee of my son's trust.It appears she has made these statements under penitentially of perjury,It maybe a s...

    Joseph’s Answer

    Any Trustee has a fiduciary duty to the beneficiaries. Those duties would involve being honest and accounting for the trust assets. Not carrying out those duties can be a reason for a judge to remove a trustee. If you are concerned, you should consult with a local attorney and determine if the facts you can prove will rise to the level required to remove the trustee. The attorney can also help determine if the settlor had reserved powers in the trust to take the actions they did. Good Luck

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  • Home Ownership During Incarceration

    What happens to a person's home who is incarcerated and the home is in a Chapter 13 Bankruptcy? Can they provide someone with power of attorney? And then can that said person if they meet qualifications apply for home equity loan to get funds to ...

    Joseph’s Answer

    You need to consult with the bankruptcy attorney who filed the case to determine the ramifications of the incarceration on the bankruptcy. It will be up to the bank to determine if the incarcerated person meets lending qualifications and if so, whether the document execution will require the use of a power of attorney. Good Luck

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  • Do i need an Estate lawyer

    My father has three biological children me my sister with my mother and one out side child wich he had with a lady wich he left my mother for and later broke up with her. Then he got into an accident on his jod and was suing the company mea...

    Joseph’s Answer

    This will hinge on what plan your father left (will, trust, intestate succession, etc.) and the role the wife played in the plan. If she was a fiduciary and obligated to distribute something to you, then she can be liable for not carrying out her duties properly. You should consult with an attorney, fast. Good Luck.

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  • I recently became a beneficiary of a family trust looking for an attorney.I need to protect my interest What questions do I

    need to ask to get the best attorney. I just want to make sure I'm protected from losing my rights later on. I'm not an income beneficiary yet but later on I will be.

    Joseph’s Answer

    • Selected as best answer

    This is a great question. To make sure you are getting the right attorney you will need to ask things like:
    How may trusts have you written?
    Have you represented trust beneficiaries in disputes before?
    How many estate plans have you written?
    Have you served as a trustee or personal representative before?
    Do you have clients who will serve as references?
    Do you belong to any professional attorney organizations that emphasize trusts (estate planning, elder law, etc.).
    Have you received any specialized training in trust drafting and administration?
    What process will we be going through?
    Do you have other attorneys that work with you or are you doing all the work yourself?
    What do you charge?
    What do you think the total bill will be?
    These questions can get the dialogue going. You are looking for an attorney that is a good fit. How you "click" with the attorney is often more important to a successful relationship than the answer to any particular question. Don't be afraid to shop around. Good Luck

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  • What kind of atty do I need?

    Asking for my 19 yo brother. Father passed in '09, brother died in '10, and mother died in '15. Stepfather prevented remaining brother from seeing her trust, will recently changed to say "go by the trust"- stepfather kept mom's money and taunted b...

    Joseph’s Answer

    You need to contact a litigation attorney that has a background in trust and estate disputes. If your brother is a beneficiary under the trust, the trustee will be required to provide him a copy and an accounting of assets and expenses on a periodic basis. Since these items are not coming on their own, engaging an attorney is a very appropriate step. Once you get the document, you can make a better determination of the next steps. Good Luck.

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  • After my mother was moved to an assisted living facility. I was boxing up her personal records but, could not find any copies of

    Her will , but I found my dads will . She has dementia and doesn't recall where she put it . I checked safety deposit boxes , file cabinets and drawers with no luck . I contacted the lawyer that my parents had used , but was told that after ...

    Joseph’s Answer

    Here in Idaho, wills can be registered. You should check with the Idaho will registry. It is maintained by the Idaho Secretary of State. If your mother registered her will the registry can let you know where it was at the time of registration.

    The form to request information can be accessed on the Sec of State Website, "http://www.sos.idaho.gov/". Good Luck!

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  • My husband died suddenly with no will in ks how can i use the final paycheck made out to the estate of. when there is no estate

    would like to do this without paying a lawyer

    Joseph’s Answer

    The "estate" of an deceased person is technically all the stuff they owned at death. The heirs of the decedant recieve the balance after expenses are paid. The decedant's creditors are generally entitled to be paid from the stuff before the heirs. Probate is the process to sort all these things out. Checks made out to the estate can be cashed by the person appointed to handle the estate. They are called the personal representative or executor.
    State law will determine who the personal representative or executor is. You do not need to have an attorney to go through the process, but it usually a lot easier. I recommend getting one to help with understanding what to do.
    Be aware that if you cash the check and spend the money, you may be liable to the creditors.
    Good Luck. If you felt this answer was helpful, please check the answer was a good answer below. I am licensed to practice in Idaho, Oregon, Washington, and Utah only. This answer is a general response to a general question and should not be considered legal advice. Please consult an attorney in the yourjurisdiction for specific advice.

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  • Can my lawyer make a life insurance policy that I am the only benificiary of part of an estate going through probate?

    I retained a lawyer to help me with the probate process regarding my deceased parents estate. The lawyer wanted me to forward my deceased parents mail to their office to witch I declined. Recently I came across a life insurance policy that I was n...

    Joseph’s Answer

    In addition to the other responses, it seems you are not getting your questions answered by your attorney to your satisfaction. As a result you seem to lack confidence in him. You have to be able to speak candidly with him about any issue. He has to be able to communicate answers back to you so that you understand where you stand. Without that kind of relationship, he is not advising you and you are not getting the advice you are paying for. Don't be afraid to ask questions. Don't let him not answer them. If you continue not getting the advice you need, seek other counsel.

    Good Luck. If you felt this answer was helpful, please check the answer was a good answer below. I am licensed to practice in Idaho, Oregon, Washington, and Utah only. This answer is a general response to a general question and should not be considered legal advice. Please consult an attorney in the yourjurisdiction for specific advice.

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  • How do I stop my family from doing temple work on me after I have passed away

    My family is mormon as am I but I don't believe in the church anymore

    Joseph’s Answer

    I do not know of a way to stop your "family" from doing this. Remember, your "family" includes many future generations. I am not aware of any instance where the court issued an injunction that would keep unborn children from doing something. Your best bet is to talk with your current family members and let them know your feelings. Ask them to respect you wishes.

    Good Luck. If you felt this answer was helpful, please check the answer was a good answer below. I am licensed to practice in Idaho, Oregon, Washington, and Utah only. This answer is a general response to a general question and should not be considered legal advice. Please consult an attorney in the yourjurisdiction for specific advice.

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