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Joseph L Morton III
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Joseph Morton’s Answers

31 total

  • 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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  • Can a former contractor sue individual non-profit board members for payment?

    I am a volunteer board member at a non-profit organization. We had hired an artist for a period of time to work with children in local schools. She signed a contract to be paid a certain amount and is now suing in small claims for twice that much,...

    Joseph’s Answer

    Small claims actions in Idaho are set up to provide a forum for people to resolve their differences in an economical way. Don't let the eases of the system fool you. Do not ignore the summons and complaint. Default can be taken against you if you do nothing. The Ada County District Court website has pamphlets with a lot of information about process and what you need to do. www.adaweb.net/CourtAssistanceOffice/MiscellaneousForms/SmallClaims.aspx
    You may want to contact an attorney to help you through the process. While they cannot appear in small claims court, they can help you with a game plan.
    If you do lose or have expenses, I would look to the non-profit for reimbursement. Check their bylaws. This "indemnification" is usually provided for.
    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 your jurisdiction for specific advice.

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  • My mother is expecting backpaid widows benefits in a month, but needs money now. What can she do?

    My father passed away over a year ago. He was 66 and had already retired. And my mother recently filed for Social Security Disability benefits. She was informed that she'll receive $34,000 in backpaid widows benefits, but it will take a month. ...

    Joseph’s Answer

    In addition to the other answers, you may want to make an assessment of when she will acutually become homeless. Just because you miss a payment doesn't necessarily mean she will be kick out the next day. You may also want to check with her church. Many will help their members through tight spots, especially if they know it is a temporary problem.

    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 your jurisdiction for specific advice.

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  • 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?

    She has dementia and it is very difficult for her to write.

    Joseph’s Answer

    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 this answer was helpful, please check the answer was helpful. 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 your jurisdiction for specific advice.

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

    Washington State, King County

    Joseph’s Answer

    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 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 your jurisdiction for specific advice.

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