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If there is a will, does it have to be put into probate before anyone can take any of the items mentioned in it?
Herbert's answer
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Answered on November 25, 2017
In general, a valid deed, properly executed by a competent "grantor" without undue influence, trumps a validly executed will. So, if real estate...
Archived
Can a trustee be added?
Herbert's answer
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Answered on November 25, 2017
Typically, the first place to look in determining whether an action under a trust is permitted is reviewing the specific terms of the trust, then...
Archived
Does my brother in law has the right to sell the house that he inherits from his parents?
Herbert's answer
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Answered on November 25, 2017
If real estate passes according to the terms of a will, the terms of the will must be honored unless they violate some clear public policy. Absent...
Can my soon to be ex husband put a lien on my house? I own it 100%. He is not on the mortgage or deed.
Herbert's answer
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Answered on November 25, 2017
Typically, a lien may only be placed when there is a valid legal obligation, including a court judgment, tax liens, etcetera. There is something...
Archived
Do I need to go to probate court?
Herbert's answer
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Answered on November 17, 2017
A Will is just a piece of paper until the court "allows" it. Probate is the process of "proving" that the will is, indeed, the last will of the...
Archived
How do you find out how much the assets are in a will in which a person is listed as a beneficiary?
Herbert's answer
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Answered on November 17, 2017
In a nutshell, your friend should contact a probate attorney. Beneficiaries of estates and trusts do have certain legal rights to obtain...
My ex-husband passed away a few months ago. He agreed to a Quit Claim Deed in the divorce proceedings. Unfortunately he passed.
Herbert's answer
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Answered on November 17, 2017
This is a little confusing. It is not clear whether you mean that only his name is on the promissory note, or whether it is the sole name on the...
Archived
I need to know what this wording actually means to get my offer deposit back bc I don’t want to sign something I dont understand
Herbert's answer
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Answered on November 16, 2017
It is not unusual to request a release of all claims in conjunction with the return of a real estate deposit. However, it is unusual to be asked...
Do the deed and Trustee Certificate need to be rerecorded
Herbert's answer
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Answered on November 07, 2017
Typically the trust does not have to be recorded (anymore - now the trustee certificate generally suffices). It's not a bad idea to think about...
Archived
How can I file a petition to remove language as advised by the land court? Is there a formal petition form required?
Herbert's answer
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Answered on November 07, 2017
The attorney who provided the superfluous language should be able to fix things as well. It is a little confusing why one would be done correctly...