Can a personal representative who is in bankruptcy, has not maintained estate property and has listed it under value be removed?
Joseph's answer
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Answered on July 15, 2013
It is quite difficult to remove an estate fiduciary unless you can prove that the person has engaged in willful misconduct or acted in a very...
Archived
POA for incompetent individual valid for an individual not legally declared incompetent?
Joseph's answer
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Answered on July 15, 2013
I agree with Attorney Frederick. Based on your facts presented, the powers of attorney truly are not valid, but it will be up to someone to...
Archived
How can I get my Mother into a Rehab Ctr if my niece has her medicare card and all of her I.D. and will not give it to me?
Joseph's answer
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Answered on July 15, 2013
I agree with Attorneys Goldstein and Pippen. The only way your mother can allow you to act under a power of attorney is if she signs a power of...
Archived
Question regarding a Living Trust.
Joseph's answer
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Answered on July 15, 2013
I agree with Attorney Shultz. I would urge you to have your estate planning reviewed by another attorney just to make sure that the documents...
Archived
Would I be able to contest the will of my Father if he left me out of the Will, and No one knew of me?
Joseph's answer
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Answered on July 15, 2013
It appears that your father is still alive and knows of your existence. Accordingly, your father's will can exclude you as a beneficiary, since...
Heir is objecting to Executors Accounting in a NY Estate.
Joseph's answer
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Answered on July 15, 2013
If your brother is objecting to the accounting, this matter should proceed to the Surrogate's Court so that the judge can determine whether to...
Archived
If my wife & I, make out a Life Estate Deed on our house in Colorado to our two sons. Will we or they have to pay a gift tax?
Joseph's answer
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Answered on July 15, 2013
There is no gift tax in Colorado and, unless you've made sizeable gifts previously, you will not have to pay any federal gift taxes. However, the...
Archived
Am i responsible for a deceased persons mortgage
Joseph's answer
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Answered on July 15, 2013
Unless you signed as a guarantor of the mortgage, you are not personally responsible for the payment thereof. However, the bank in this case may...
Archived
How soon should I do my will? how do I do it?
Joseph's answer
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Answered on July 15, 2013
I agree with Attorney Daymude. It's always better to have a will than to not have one. Your best bet is to meet with an attorney now who can...
Archived
How can I find an attorney to help me when I know what my uncle did by changing my moms will when I don't have the money to do s
Joseph's answer
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Answered on July 14, 2013
I agree with Attorney Johnson. Your best bet is to find an attorney who will assist you on a "contingency fee basis". That is, the attorney will...