Archived
Does a beneficiary of an IRA payable upon death amount satisfies an amount designated to be left from an estate in a will?
Margaret's answer
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Answered on March 15, 2017
The IRA is not subject to the probate estate. It passes outside of the control of the Will. The personal representative cannot ignore the terms...
Archived
Am I still obligated to pay?
Margaret's answer
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Answered on March 14, 2017
While Medicare covers 100 days, it does not cover the entire bill for the 100 days. After 20 days, the patient is responsible for a 20% co-pay. ...
Archived
Is it necessary to have a will if you have beneficiaries on everything?
Margaret's answer
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Answered on March 13, 2017
Assets with beneficiary designations typically avoid probate. Occasionally things go awry if a beneficiary predeceases you and alternates are not...
How should I disperse savings of a deceased sibling of whom I was the guardian
Margaret's answer
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Answered on March 12, 2017
Your representative payee and guardian status ended upon your brother's death. The bank account will need to be probated. The assets will be...
Archived
If a house is forclosed by the bank during probate is the PR and others named in the Will be liable or responsible for any unpai
Margaret's answer
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Answered on March 11, 2017
Only the estate is responsible for mortgage payments. There will be no effect to the credit scores of the beneficiaries or the personal...
Archived
If my son did not leave his parents as beneficiary, could we get his roth ira and ira transferred to our name?
Margaret's answer
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Answered on March 10, 2017
The transition of the IRAs go according to the IRA plan. Some plans provide an automatic beneficiary if no one is listed and some do not. It is...
Archived
Can I file an Affidavit of Indigency to waive a probate of will fee?
Margaret's answer
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Answered on March 09, 2017
There is no waiving of the probate fee for indigency. The good news is that under a Voluntary Administration, you should be appointed as personal...
Archived
Can I file a lien on someone who is in the process of selling their home?
Margaret's answer
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Answered on March 08, 2017
First, this sounds like elder abuse. You can report the siblings to protective services for taking and spending the money. If at any time in the...
Do I have the right to know my deceased mother's assets and to see her will? What rights, if any do I have at all?
Margaret's answer
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Answered on March 07, 2017
The personal representative of a will has a fiduciary duty to file the will and open a probate. It appears that in this case probate was avoided...
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Can an executor go against the deceased persons wishes?
Margaret's answer
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Answered on March 07, 2017
To establish a common law marriage you must have (1) agreed to be married, (2) lived together as husband and wife, and (3) told others (hold...
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