Questions answered by Joseph Michael Pankowski Jr

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If I leave my home to one child in a will, is it a 100% guaranteed that she will get it upon my demise?,

Joseph's answer | Answered on July 08, 2016

A will can always be contested after your death. The grounds for a contest are (1) lack of testamentary capacity and/or (2) undue influence. ...

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Which case makes the most sense financially - a probate case or a civil case for financial exploitation of the elderly?

Joseph's answer | Answered on July 08, 2016

If you are looking to explore a civil case, then you will need to have someone appointed as the Personal Representative ("PR") of your mother's...

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How can she legally take something that is used on the farm just because the Clerk of Court tells her she can?

Joseph's answer | Answered on July 08, 2016

I'm sorry for the loss of your brother. With respect to your issue, there are two questions that need to be addressed: a) did your brother...

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Estate Lawsuit

Joseph's answer | Answered on July 07, 2016

I am sorry for your loss. The assets in your father's probate estate are subject to the lawsuit. That is, a creditor, if the creditor can prove...

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In the absence of a will, in the case of a parent becoming incapacitated or dying is there any way a next of kin would be able..

Joseph's answer | Answered on July 06, 2016

If your mother passed away without a will, then you would petition the Surrogate's Court to become the administrator of your mother's estate. ...

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Can I drop my 75 year old husband off at a hospital sell the house & walk away?

Joseph's answer | Answered on July 05, 2016

Your situation is heart-breaking. However, you should not take any drastic action such as selling the house, as that may make your situation far...

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Can you get rid of personal property before you are swore in as the executor

Joseph's answer | Answered on July 05, 2016

No. Personal property should not be distributed until the executor is appointed. Please consult with an experienced Virginia probate attorney...

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Excuitor wants to evict beneficiary

Joseph's answer | Answered on July 04, 2016

I am sorry for your loss and situation. If the quit-claim deed is valid and transferred the property to you and your sibling prior to your...

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Can an heir move in?

Joseph's answer | Answered on July 04, 2016

The executor of the will has full control over the house. Thus, the executor can bar the beneficiary from staying there, but should be renting the...

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When a family member , There is a Will. But Who Owns The Household Property of the Estate, in the State of NY?

Joseph's answer | Answered on July 01, 2016

I agree with Attorney Welch. As for the attorney's fees, Abraham Lincoln said it best: "An attorney's time is his stock and trade." Thus, if...

Joseph Michael Pankowski Jr's Answers (2414)

If I leave my home to one child in a will, is it a 100% guaranteed that she will get it upon my demise?,

Which case makes the most sense financially - a probate case or a civil case for financial exploitation of the elderly?

How can she legally take something that is used on the farm just because the Clerk of Court tells her she can?

Estate Lawsuit

In the absence of a will, in the case of a parent becoming incapacitated or dying is there any way a next of kin would be able..

Can I drop my 75 year old husband off at a hospital sell the house & walk away?

Can you get rid of personal property before you are swore in as the executor

Excuitor wants to evict beneficiary

Can an heir move in?

When a family member , There is a Will. But Who Owns The Household Property of the Estate, in the State of NY?