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Dan R Morris

Dan Morris’s Answers

45 total


  • How long should it take to settle an estate?

    I am the only heir, there is no debt other than unpaid utilities, 2 bank accounts (savings and checking) and miscellaneous househould items. It's going on 7 months which seems like an awfully long time.

    Dan’s Answer

    7 months is not in and of itself a long time for a probate. If there are no outstanding issues or matters to resolve the time of the probate will be shorter. There are statutory time periods that must pass before the estate is closed. As the prior qnswer stated more information is requied before a complete answer can be given.

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  • We have instructed our children to record a deed we have signed after we die, will it be valid?

    the deed is in a safety deposit box they are permitted to open

    Dan’s Answer

    As stated by the prior attorney, state law will determine if a deed can be recorded after the death of the Grantor. To postpone the recording of deed after death is a very dangerous idea. Anything can happen to the ownership of the house during the time the deed is held which may cause a serious title problem. It is not a good idea. There are other ways to transfer ownership at death. Joint ownership is not a good idea beause it may cause disagreement on the disposition of the property after death.

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  • Sibling Property Division con't

    Could I sell my portion of the house?

    Dan’s Answer

    Yes, but where will find a buyer who has to deal with the remaining owners and how do you establish a value of an undivided interest. If you want out of the ownership you might try filing a court action to partition the property and you sell your part. When it is impossible to partition you have an impossible condition that may only be solved by the court becoming involved.

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  • Falsely accused of elder abuse.

    I have an elderly aunt who has been living in our home. In a nutshell, she has been falsely accusing us of abuse. She solicits neighbors, and tells them stories about how we abuse and neglect her. As of late, this behavior has gotten progressively...

    Dan’s Answer

    Consult with an attorney to avoid getting yourself into a ugly situation.

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  • I need to request a copy if q trust of which I am a beneficiary. What should the letter say?

    I need to know what to include in a letter asking for a copy od a trust of which I am a beneficiary.

    Dan’s Answer

    You should include any language in the state statutes regarding requirments to provide the beneficiaries with copies of the documents. The letter need not be threating but firm in the request that as a beneficiary you are entited to a copy of the trust. Knowing where this provision is in the statutes is helpful in get a positive response.

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  • Release of my inheritance after my mums death

    i have recently had the papers signed over to my name but my lawyer says it may take another 2 months to release the cash is this correct

    Dan’s Answer

    This generally not the case but the attorney may have valid reasons for the 2 months delays, just ask the attorney what is the reason for the delay.

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  • Will, Living Will & POA signatures

    I live in North Dakota. Is it necessary for me to have a public notary and 2 witnesses sign my will, living will & POA or is it a legally binding document if I only have a public notary sign? Thank you

    Dan’s Answer

    This is a state specific question so you will need to talk to an attorney to know if witnesses are need. In most instances POA are valid with only a notary however some states require a witness. The same with a will some state require one or more witnesses and in some states the notary is sufficent.

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  • Will, Living Will & POA signatures

    I live in North Dakota. Is it necessary for me to have a public notary and 2 witnesses sign my will, living will & POA or is it a legally binding document if I only have a public notary sign? Thank you

    Dan’s Answer

    This is a state specific question so you will need to talk to an attorney to know if witnesses are need. In most instances POA are valid with only a notary however some states require a witness. The same with a will some state require one or more witnesses and in some states the notary is sufficent.

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  • Can my husband claim money that was left after his mother passed away if the money is in someone else's account?

    My mother in law recently passed away. Prior to her passing she settled a claim against someone and received two checks from her lawyer. She had her daughter open a cd account for one of the checks and a cash account for the other. Both of these a...

    Dan’s Answer

    In additon to the prior answer, if the daughter's signiture is put on the account for the convience of handling the money and not to give the money to her on death then there could be a claim for his share of the money.

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  • A child's right after terminated from family--inheritance

    Does a child who was terminated from a family and later adopted-receive portions from a settlement following the death of that child's biological grandparent?

    Dan’s Answer

    That is a very specific law question for your state. The general rule is you have no right of inheritance from grandparents unless you were named as a beneficiary of the estate or the grandparents died intestate and there are no children of the grandparents living.

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